Asbestos Archives | Page 4 of 15 | Galiher DeRobertis & Waxman LLP

39 People Die in Hawai‘i from Asbestos Every Year

Posted on April 24, 2016August 20, 2024 by Galiher DeRobertis & Waxman

Asbestos Nation, part of the Environmental Working Group’s Action Fund, has found that 589 people died in Hawai‘i due to asbestos-related illnesses between the years of 1999-2013, an average rate of 39 deaths annually, in a study of asbestos deaths in all fifty states.

These figures include estimates of the number of deaths from lung cancer caused by asbestos exposure. Analysis in a study published in 2012 by scientists at the International Agency for Research on Cancer, part of the United Nations’ World Heath Organization, suggests that there are 3.2 to 4 lung cancer deaths in the U.S. for every mesothelioma death among individuals exposed to asbestos. More information about the EWG statistical methods are available here.

Source: AsbestosNation.com / Environmental Working Group Action Fund

The widespread belief that asbestos is a problem of the past is a dangerous myth, and common misconceptions about asbestos today are no accident. Corporate interests spend millions upon millions of dollars to manufacture junk science and disinformation campaigns that claim asbestos does no harm. It is part of a strategy to sway courts in their favor, against victims whose lethal asbestos exposure came from their products.

A recent exposé by The Center for Public Integrity found that Ford has recently spent $40 million to reshape asbestos science “to change the narrative on the risks of asbestos brakes.” Ford is one of many auto manufacturers that had knowledge of the life-threatening dangers of using asbestos in brakes, many years before switching to metal and carbon materials. In Ford’s case, their own unpublished study in 1968 indicated the potential harm, yet they did not phase asbestos out completely from their brakes until the mid-1990s.

With so much investment in covering up the truth, it’s clear that asbestos still causes great harm—and that it is still a major liability for companies that put their workers in harm’s way.

Ford’s fabrications are merely the tip of the iceberg. For more, please read our article about how the Asbestos Industry Suppressed and Altered Medical Research, and tune in to our podcasts on Asbestos & Your Health w/ Cynthia Davis and the criminal way Traveler’s Insurance denied ever selling asbestos products in Hawai‘i.

The Gary Galiher Law Hour — Episode 7: The Traveler’s Episode

Posted on November 5, 2015August 20, 2024 by Galiher DeRobertis & Waxman

Lies & Fraud Abounding

In today’s show, we hear the story of a company’s willingness to lie in service of profit. Tune in, and learn about how Galiher DeRobertis & Waxman forced them to show the documents they didn’t want people to see. Their exposure helped thousands of people get justice.

The investigative process that has to happen in an asbestos case is unbelievable. It can take a longer time than people expect. Decades, even. Today’s show tells a story of patience. Traveler’s Insurance Company is the case study. It’s a company that insured many asbestos manufacturers 50 or 60 years ago, and then spent fifteen years fighting dirty (and unlawfully) in court to defend clients who needlessly hurt thousands of people.

The main company insured by Traveler’s, Johns-Mansville knew about the harmful effects of their products. They cover up those facts to the great harm of many people. Not only that, but they violated rules of the courts. They committed fraud by telling the courts they never sold any asbestos products to Hawai‘i. And they lied about their involvement as suppliers of asbestos products to the US Navy.

The Protracted Battle Finally Ending

We only found out about these fraudulent claims after already having battled for decades with Johns-Mansville. As a result, the courts increased the settlements, in some cases multiplying them hundreds of times. Finally, this year, after many protracted battles of Galiher’s lawsuit against Traveler’s Insurance Co., the final chapter is being closed.

Above: Travelers Tower, Hartford, CT by John Phelan, ©CC BY 3.0

The Gary Galiher Law Hour — Episode 6: Asbestos & Your Health w/ Cynthia Davis

Posted on October 29, 2015August 20, 2024 by Galiher DeRobertis & Waxman

Pat Nakata was an icon of his community in Hawai‘i, as good as a citizen can get. Suddenly, he was afflicted by a terrible disease, and only because asbestos was put in the products he worked with by an auto company in 1966. The company fully understood the danger it posed to people like Pat, but it refused to change. Pat could have lived for another twenty or thirty years. Instead, tragically, he died an avoidable death much earlier.

Join us for this week’s episode, with special guest Cynthia Davis, who has been working as a medical adviser with our firm for more than 30 years. She helps to gather medical evidence in cases like Pat’s, and works closely with sufferers of asbestos-related illnesses and their families.

Most people are unaware of how ubiquitous asbestos was. Much more than fire-supressing insulation, it found a place in many thousands of products, from brake pads to dental casts.

People exposed to it develop cancer at an alarming rate. Huge asbestos companies like Johns-Manville found out about that long ago, but they did not share that information widely when they did. Instead, they communicated with other asbestos companies to supress that information. You can read the full story about it here on our Mesothelioma Knowledge Center: How the Asbestos Industry Suppressed and Altered Medical Research.

Thus, exposure to asbestos has happened in all kinds of environments. Our first cases came out of Pearl Harbor, and we traced 30 manufacturers who sent their products into Pearl Harbor for decades without warning the workers. Others have come just from second-hand exposure, where shaking out asbestos-contaminated clothing that someone has brought home from work produced a cloud of asbestos fibers into the air, where it was breathed into the lungs.

Cynthia brings a unique perspective to the conversation, which comes from her medical background and experience specializing in mesothelioma and asbestos cases. It’s because of her fine work that the right medical articles are highlighted and flagged, so that the best scientific understanding can be employed in support of the victims of asbestos companies liable for their illnesses. Above all, Cynthia brings comfort to those affected by helping them through their darkest times. Listen in to her talk with Gary and Mike, and you will understand an important human dimension of the asbestos story—a story that is still far from over.

The Gary Galiher Law Hour — Episode 2: Mesothelioma & Asbestos

Posted on October 1, 2015August 20, 2024 by Galiher DeRobertis & Waxman

What is asbestos? What impact has it had on human life? Who does it put at risk of mesothelioma? Episode two of The Gary Galiher Law Hour will give you a grasp of the inseparable subjects of asbestos and mesothelioma and their continuing influence in the world today.

Asbestos, “whether it’s in powerhouses, whether it’s in the ground, or whether it’s in boats and canoes,” it attacks the lining of the lungs with a “mechanical movement of the [asbestos] fiber like an invisible needle that starts a tumor.” Surprisingly, asbestos is still mined from the ground and used today. According to Gary, “the use has greatly been curtailed in the United States, but it’s mind-boggling, the political influences of the mining concerns in Canada. The still try to use it and they do so successfully.” Asbestos finds its way into parts and supplies manufactured outside of the US, and winds up coming back into the country in these products.

As for mesothelioma, it is an astonishingly powerful industrial disease nearly always caused by asbestos, and a modern understanding of it has dramatically changed the world and the lives of people it affects. “When someone comes in with one of these diseases, we have to move really fast because the prognosis is generally not good,” says Gary. Sleazy insurance companies go to great lengths to defend their clients, who lied to workers about the risks of asbestos exposure. Some insurers have even resorted to criminality, and destroyed evidence in order to protect their profits. Facing them down in the court system leads to David vs. Goliath kinds of battles, which pit individuals against giant corporations that have vast wealth to help them in the fight.

So, although the manufacturers’ liability for exposing workers to asbestos has been proven again and again in court, they continue to work asbestos into new products and put people who work with these products in harm’s way. As Gary says, “we have a dozen companies nationally who never want to see us in a courtroom again… We know the pitfalls, the problems we’re going to have ahead. We anticipate those, and really do our homework. We reach out to experts, consultants, and figure out, and we do our research way before we file anything.” Which is how the Galiher firm continues to fight the good fight and win.

Asbestos Awareness Week: The Facts

Posted on April 8, 2015August 20, 2024 by Galiher DeRobertis & Waxman

Today marks the last day of Asbestos Awareness Week. However, the effect educating oneself and sharing information with loved ones will have a lasting impact. Share these facts with your loved ones, friends, and community to bring awareness to the dangers of asbestos.

Question #1: What is asbestos?

Asbestos is a naturally occurring microscopic mineral that can be a health hazard when it becomes friable or brittle. When asbestos fibers are disturbed and become airborne, they can be very easily inhaled. When asbestos is inhaled, its sharp and rigid fibers stick in the soft tissue of the respiratory system and can lead to the development of mesothelioma and other forms of cancer.

Question #2: Where is asbestos found?

Asbestos is a common name for six naturally occurring silicate minerals. Because of its highly desirable commercial uses, asbestos was used in many schools, homes, commercial and industrial buildings, large manufacturing parts for ships and water sewage plants etc. With asbestos being used in more than 3,000 consumer products it is still frequently found in kitchen tiles, ceiling tiles, outside house siding, and piping.

Question #3: Who is at risk for exposure to asbestos?

Asbestos exposure is widely known to be a risk only to the workers on a job site where asbestos was once used or is currently being used, like construction sites, industrial buildings with ceiling and floor tiles, building shingles, as well as ships who used asbestos spare parts to change large gaskets. However, secondhand exposure can occur to anyone when workers who come into contact with asbestos carry the fibers home on their clothing. Military veterans, teachers working in older school buildings, people who renovate older homes, firefighters, people living near asbestos manufacturing facilities and many others are also at risk for exposure to asbestos.

Question #4: Diseases associated with exposure to asbestos fibers

Over a period of time, these fibers can accumulate and cause scarring and inflammation, which can affect breathing and lead to serious health problems such as:

Mesothelioma
Asbestosis
Lung cancer

If you believe you have been exposed to asbestos, you should inform your physician and ask if they would recommend any pulmonary function monitoring or further screening for asbestos disease.

The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice, and accountability from the corporations that manufactured and sold this known carcinogen.

Asbestos Awareness Week: Senate Resolution honors Asbestos victims

Posted on April 6, 2015August 20, 2024 by Galiher DeRobertis & Waxman

A small community in Libby, Montana has been recognized by the U.S. Senate who passed a “Resolution” for the hundreds that have died from the rampant death and illness caused from asbestos related exposure at the W.R. Grace and Co. mine. The resolution highlights the need to call upon the surgeon general to “warn and educate people about the public health issue of asbestos exposure, which may be hazardous to their health.”

The W.R. Grace & Co. mine operated from 1963 and then shut down in 1990 after large quantities of asbestos fibers were found in vermiculite. Vermiculite is a naturally occurring mineral that is mined from raw ore deposits in a method very similar to asbestos mining. During operation the mine employed up to 200 people and produced up to 200,000 tons of vermiculite a year, however, more than 3,000 people were affected from asbestos exposure who lived nearby.

The Libby tragedy was originally uncovered when the Seattle Post-Intelligencer wrote a series of articles about Libby in 1999, titled “Uncivil Action: A Town Left to Die.” Following the release of the series, Libby received national attention to address the serious problem. A clean-up strategy began slowly identifying the sources of contamination as well as a thorough investigation of homes and businesses in the area. As of 2010, 1,460 businesses and residences have removed more than 900,000 cubic yards of contaminated material. The town has suffered from thousands of cases of asbestos and around 400 people have died from mesothelioma cancer to date. As for the town of Libby, even though the job is considered finished it will still remain contaminated for years.

It’s National Asbestos Awareness Week

Posted on April 1, 2015August 20, 2024 by Galiher DeRobertis & Waxman

President and co-founder Linda Reinstein and Doug Lark of the Asbestos Disease Awareness Organization (ADAO) started what was originally called National Asbestos Awareness Day in 2005 Soon after it was changed to National Asbestos Awareness Week. It begins today, April 1st and will run thru April 7th. It is a great opportunity to educate the public on how dangerous asbestos products are as well as teach the public proper asbestos safety precautions at home, in public, or at the workplace.

The Asbestos Disease Awareness Organization (ADAO) is the largest independent asbestos victims’ organization in the U.S. It was founded in 2004 to give asbestos victims and concerned citizens a united voice, to raise public awareness about the dangers of asbestos exposure and to work towards a global asbestos ban. ADAO is dedicated to preventing asbestos-caused diseases through national and international education, advocacy, and community initiatives

During the week, ADAO will highlight some of the following topics:

http://www.asbestosdiseaseawareness.org/archives/31580

World Health Organization and Elimination of Asbestos-Related Disease
A personal asbestos-related story written and shared by Alan Reinstein
Dr. Celeste Monforton shares “Workers’ Memorial Day: 2 Million Related Deaths Last Year”

The law firm of Galiher DeRobertis & Waxman honors the memory of the countless lives lost to asbestos disease. We are proud to represent clients with mesothelioma and their families. We fight hard to win compensation, justice and accountability from the corporations that manufactured and sold this known carcinogen.

Asbestos Concerns Go Beyond the Sinking of Old Navy Ships

Posted on September 8, 2012August 20, 2024 by Galiher DeRobertis & Waxman

While reading the Wall Street Journal, I came across an interesting article about the U.S. Navy’s practice of using old warships as target practice and sinking them off the coasts of the United States. For almost two years now there has been a moratorium on the Navy’s sinking exercises (SINKEX) because of the concerns of environmental groups as well as cost concerns. But, after a review of these issues, the Navy decided to lift the moratorium on the SINKEX program and this summer undertook plans to sink three inactive vessels, the USS Kilauea, USS Niagara Falls and USS Concord, off the coast of Hawai‘i.

Many older US Navy vessels still contain hazardous materials such as PCB’s and asbestos. For years conservation groups have raised concerns about the impact of these toxins on the environment. These groups believe these inactive warships should be sent to ship breaking facilities and not sunk in the ocean. Based on my experience, I know that older Navy vessels contained literally tons of asbestos which is part of the basis for these concerns.

Tons of Asbestos Products Used on Navy Ships

Naval vessels constructed during World War II and into the 1970’s were heavily insulated with asbestos. On steam-driven Navy ships, asbestos insulation was used on hot piping and equipment to ensure that the equipment operated properly and that the seamen were not exposed to the extremely hot surfaces or subjected to intense heat. The types of asbestos products included insulating pads, pipe covering, tape, thread, cloth, gaskets, packing, and cement. Nearly every piece of machinery that needed to be insulated would have been insulated with asbestos materials.

Many of the asbestos products used in the construction and maintenance of these massive warships still remain aboard them today. Removal of the asbestos and other hazardous materials aboard is a very costly procedure which was demonstrated when the USS Oriskany (CV-34) was sunk off the coast of Florida in 2006 to be used as an artificial reef. In order to sink the USS Oriskany, the Environment Protection Agency required that the vessel to be completely cleaned up which cost around $20 million.

Concerns About Asbestos Are Not Only Environmental

The concerns about asbestos on Navy ships are not just an environmental concern. Shipyard workers and Navy crewmen who served and worked aboard these vessels were exposed to the dangers of asbestos fibers on a daily basis as they constructed, repaired, maintained and lived upon these warships. The crewmen and shipyard workers who served and worked aboard these ships are at a greater risk of developing mesothelioma, a rare and fatal lung cancer, and other asbestos related diseases due to their exposure to asbestos.

Our Clients Are Navy Veterans and Shipyard Workers

I have had the privilege to represent hundreds of U.S. Navy veterans and shipyard workers who sadly were diagnosed with mesothelioma because of their exposure to asbestos. Since 1978 I have been fighting for the rights of U.S. Navy veterans and shipyard workers who were unnecessarily exposed to this hazardous material because the companies that sold these products failed to warn of the dangers that they themselves knew about. To read more about how we have helped our clients recover for the injuries they and their families have suffered, please visit our website article and read about “Our results.” www.galiherlawfirm.com/results/

If you or someone you love served in the U.S. Navy or worked aboard U.S. Navy vessels and has been diagnosed with mesothelioma, it is important that all of you are aware of your legal rights. Please contact us so we can help.

Labor Day Reflections

Posted on August 31, 2012August 20, 2024 by Galiher DeRobertis & Waxman

The Labor Day holiday is well known as a symbolic end to the summer season, when Americans take a well-deserved break to spend time with friends and family. But there is more to the story than beach barbeques, fireworks displays, and street parades. I want to take a moment to reflect on the meaning of this American holiday. Labor Day is also a day for us to recognize the contributions and achievements of America’s workers. This is a special holiday, which celebrates the men and women who work so hard to make our country a great place.

Workers At Risk

For much of the twentieth century, the American workplace was often filled with a hidden hazard — the hazard of asbestos. Asbestos was widely used at jobsites throughout most of the twentieth century. Well known for its durability and versatility, asbestos was sold to the public as the ideal industrial material. Workers were not told that asbestos was also a toxic and dangerous carcinogen, which can cause mesothelioma and other diseases decades after exposure. Many American workers were put at risk for mesothelioma, lung cancer, and other diseases as a result of asbestos exposure on the job

I have been a mesothelioma lawyer for the past thirty-four years. I have represented workers who were exposed to asbestos on the job and developed mesothelioma through no fault of their own. I met my first mesothelioma client in 1978: a retired electrician who was exposed to asbestos at Pearl Harbor Naval Shipyard. I have since represented thousands of other clients who were unknowingly exposed at mills, power plants, oil refineries, construction sites, military bases, and automotive shops. I have also represented the wives and children of asbestos workers who were exposed to asbestos that these men brought home on their clothes after a hard day’s work.

Honoring the Sacrifices of American Workers

My clients have made extreme sacrifices for our country, and for that, I am sincerely grateful. Their hard work and dedication to their jobs have resulted in the durable products, homes, and buildings that we all rely on today. And let’s not fail to acknowledge the military veterans, whose job duties entailed the fight for our country’s freedom. I wish that these invaluable contributions did not come at the expense of my clients’ health, and too often, their lives.

On this Labor Day, I salute all American workers past and present. These are truly our unsung heroes, whose contributions have molded this country into what it is today. I am proud and honored to have been able to achieve full and fair compensation for so many workers and their families in asbestos claims over the past 34 years.

Mesothelioma and the Occult Exposure

Posted on August 14, 2012August 20, 2024 by Galiher DeRobertis & Waxman

In my thirty-three years as a mesothelioma lawyer, I have learned to investigate and identify those responsible for my clients’ asbestos exposure. Of all the exposures to asbestos, the occult – or unknown – is perhaps the most difficult to identify. Known as the Fifth Wave of exposure, it is one of the most prevalent stories told today by the newly diagnosed mesothelioma patient.

Uncovering Each Client’s History of Asbestos Exposure

Malignant mesothelioma is a “signal tumor” for asbestos exposure. Asbestos exposure is the main cause of malignant mesothelioma, and the vast majority of the cases can be linked to a known occupational exposure. However, in some cases, patients who have been diagnosed with malignant mesothelioma cannot recall where they have been exposed to asbestos – or they do not know that they were exposed to asbestos at all.

There is a very good reason for these patients’ lack of awareness. Some exposures took place twenty, thirty, or forty years ago, and have been forgotten. Other exposures were so minimal or took place in such unique settings or unusual circumstances that the patient is totally unaware of them. Many of these exposures took place in childhood.

Asbestos Exposure Occurs in Many Different Settings

It is important for mesothelioma patients and their families to know that asbestos is found in many different products and exposures occur in many different settings. Some of these may be familiar to most people; others are not so well-known.

Gaskets; sprayed-on fireproofing; fire blankets; plastic fillers; asphalt and vinyl felts; papers and adhesives; flooring and roofing materials; filters; putties, caulks, and cements; acoustical and decorative plaster; joint compound; ceiling and floor tiles; drywall and paints; surfacing and reinforcement materials; textiles; electrical wiring; and water supply lines – all of these are examples of products that may contain asbestos.

Asbestos is also present in friction products. The asbestos in brake-linings and clutch pads is hazardous not only to mechanics working in garages, but also to the “weekend mechanic” who works on his or her own cars or trucks.

Other occupational exposures are not so well known: bakers, jewelers, rubber workers, paper mill workers, teachers, custodians, laborers, and maintenance workers.

The “Secondary Exposures”

In addition to posing a hazard to those who are working directly with asbestos products, asbestos is also a danger to those who are merely in the vicinity – to “bystanders” and others who often unknowingly come into contact with asbestos dust. These are sometimes called the “secondary exposures.” Asbestos fibers become airborne, and very small fibers can stay in the air for long periods. There are many reports in the literature of mesothelioma arising from neighborhood and residential exposures – those who live near mines, shipyard, construction sites or factories where asbestos is in use or where demolition activities are taking place.

There is also the matter of “asbestos in place.” Asbestos is most hazardous when it is friable. It is present in many older buildings and it is released during repair work and during demolition and renovation.

Entire families have been exposed when workers brought home dusty clothes. It is well known that women have contracted mesothelioma from washing their husband’s work clothes. However, it is not so well known that asbestos dust brought into the home can remain there in carpets, drapes, and furnishings, where family members live and children play.

It is the invisible dust that poses the most danger.

A Brief or Low Level Exposure Is Enough

Even a brief or low level of exposure to asbestos is enough to cause malignant mesothelioma. These types of exposure are very real, and they can have disastrous consequences. There is no known safe level of exposure to asbestos.

If you have been diagnosed with mesothelioma, but you cannot recall ever having been exposed to asbestos – do not be so certain. It is your attorney’s work to investigate all possibilities, and our team is prepared to do just that. Although this can be a frustrating and sometimes daunting part of our work, in most cases this is not an unsolvable mystery. In almost all cases of mesothelioma, there has been asbestos exposure in the patient’s past.

For more information on hidden asbestos exposures, please visit our Mesothelioma Knowledge Center.