2 Major Rulings in Asbestos Litigation & Workers’ Compensation

Posted on August 19, 2011 by Steven Kazan

Workers’ compensation awards are often a lifeline for individual victims of asbestos disease. Following are two major rulings that Kazan Law achieved which have formulated law about occupational diseases in California. While Kazan Law no longer handles workers’ compensation claims, these changes remain important to all California asbestos victims.

Case #1: On behalf of Harvey and Lucille Steele. Achieved by former Kazan Law principal Victoria Edises.

Summary: Mr. Steele was diagnosed with relatively mild asbestosis in 1976. Eleven years later he came down with mesothelioma and Kazan Law filed a new workers’ compensation application on his behalf. The new application was contested.

Ruling: The same asbestos exposure can give rise to separate and different asbestos-related injuries and disabilities.

Why this ruling is of major importance: People with one disease (like pleural plaques or asbestosis) are at a much higher risk of later developing other asbestos diseases (like mesothelioma or lung cancer.) The Steele decision acknowledged that even though Harvey Steele had already filed a workers’ compensation claim for one asbestos disease, he was nevertheless entitled to file another workers’ compensation claim for the separate injury and disability he suffered when he became ill from mesothelioma.

Case #2: On behalf of George and Lucille Force. Achieved by former Kazan Law principal Victoria Edises.

Summary: In 1984 Victoria Edises obtained workers’ compensation benefits for Mr. Force, a former shipyard worker. George Force and his wife, Lucille, also filed a third party lawsuit against various asbestos manufacturers and distributors, and obtained substantial recoveries.

After Mr. Force passed away, his wife brought a longshore compensation claim. The insurance carrier attempted to obtain credit against its liability for benefits to Mrs. Force from the monies that Mrs. Force and other members of the Force family received in their successful third party case.

Ruling: The credit to the third party settlement apportioned to Mrs. Force was limited. The amounts apportioned to the Force children were excluded. Additionally, the Court found that the employer had the burden of proving apportionment of any third party settlement between multiple parties.

Why this ruling is of major importance: Insurance carriers can now only receive credit for monies paid to the actual applicants and cannot receive credit for monies paid to other family members. For instance, if a jury awards damages to an injured asbestos worker and to his wife and three children, then under Force, the workers’ compensation carrier can get credit only for the monies apportioned to the worker himself, and not for the monies apportioned to his family. This ruling enhances the overall recoveries of workers with asbestos-related diseases, and their families, from their workers’ compensation claims and third party lawsuits.

Canada’s Conservative Party Threatens Widow of Asbestos Victim

Posted on August 16, 2011 by Steven Kazan

Michaela Keyserlingk lost her husband Robert in 2009 to the rare but deadly asbestos-related cancer malignant mesothelioma. Now, looking to spread awareness of Canada’s contradictory stance on asbestos, Keyserlingk has reportedly been threatened by the conservative Tory party.

According to the Canadian Press, Conservative Party executive director Dan Hilton has warned Keyserlingk to stop using the Tory symbol in an online advertisement campaign she started against the asbestos industry in Canada.

Keyserlingk has reportedly been running an online campaign since the spring, with the banner that features the Tory logo reading “Canada is the only western country that still exports deadly asbestos!”

The widow, of course, is correct, as Canada has been the subject of tremendous scrutiny for its stance on asbestos, exporting the carcinogenic material to developing countries despite its numerous risks, including the potential for diseases such as mesothelioma, lung cancer and asbestosis.

Keyserlingk Refusing to Bow to Pressure

Keyserlingk, who says she chose to include the Tory symbol in order to elicit the attention of Conservative Party members and bring them to her website, has refused to back down to the threat from Hilton, who told her that “further action” could ensue.

“I have no permission to use [the logo] and they have a legitimate argument against me… But on a human level they have no legitimacy whatsoever,” Keyserlingk told the Canadian Press. She added that it would not be a wise choice for the Conservative Party to sue her, saying “it’s not as if there are millions sitting here.”

The bottom line, Keyserlingk says, is that she will continue fighting for justice, just as her late husband fought with the deadly illness he contracted while working summer jobs on naval ships as a student, the news source said.

Incidents like these, in which political groups fight to keep a deadly industry alive, are why asbestos lawyers at Kazan, McClain, Satterley, Lyons, Greenwood & Oberman PLC have been fighting for compensation for victims and their families since 1974. When innocent men and women are unknowingly exposed to asbestos, they deserve to be compensated appropriately by the responsible parties.

Ontario Mayor Lashes Out at ‘Shameful’ Tory Threat

In response to the threat leveled towards Keyserlingk, the mayor of Sarnia, Ontario, has reportedly written an email to the Conservative Party of Canada, criticizing its “shameful” tactics used to bully the widow, according to the Globe and Mail.

“Your actions on the asbestos issue… with threatening a widow whose husband died of exposure to asbestos are absolutely shameful,” Bradley wrote in the email to Hilton.

Still, the asbestos industry lives on in Canada, even as 107,000 people around the world die each year from asbestos-related illnesses, according to the World Health Organization.

Raising Awareness of UK Rights to US Justice in Asbestos Litigation

Posted on August 1, 2011 by Steven Kazan

The Royal Courts of Justice of England and Wales

An asbestos case is worth about ten or more times more in the United States than in the United Kingdom. Yet many British citizens remain unaware of the very valuable rights they have under United States law.

Requirements for US Rights

Any British asbestos disease victim who meets one of the following qualifications could have the right to proceed with litigation in the United States, as well as under British law for any UK asbestos exposures.

The victim has worked with asbestos in the United States or its territories

The victim has worked with asbestos-containing products made in the United States

How Asbestos Litigation is Handled in the United States

Asbestos litigation is handled on a “no-cost no-fee” basis in the United States. This means that the attorney advances all the expenses of the litigation and is only paid by collecting a negotiated percentage of any money recovered. There is essentially no risk to the victim in pursuing a claim under US law.

How Asbestos Liabilities are Paid after a Bankruptcy

Many US asbestos manufacturers and distributors have gone bankrupt, just as Turner & Newall did in the United Kingdom. Almost all of these companies have emerged from bankruptcy by funding a Trust to evaluate and pay for their asbestos liabilities. Some of these companies are still undergoing reorganization and will emerge in the years ahead with their own Trust Funds.

Several of these Trusts have published lists of work sites at which they recognize their products were used:

5 Trusts have acknowledged responsibility for asbestos exposure at a total of 36 work sites in the United Kingdom.
14 Trusts have acknowledged responsibility for asbestos products on 15,440 ships, many of which have traveled all over the world.

Any British resident who worked at any of these approved sites or on any of the approved ships at the appropriate times has gone a long way towards proving a claim against the particular Trust Fund involved.

The absence of a work site from these approved lists does not mean there is no claim. It does mean that work needs to be done to establish credible evidence of the presence of appropriate products at work sites at a time when the injured person was there and in a position to be exposed to asbestos from those products.

Why Bankruptcy Expertise is Vital

The bankruptcy claiming process can be complicated, with many built-in traps for the unskilled and unwary. Senior partners at Kazan Law:

Have served on the Bankruptcy Court-appointed creditors’ committees in virtually every asbestos bankruptcy reorganization
Currently serve as members of the victims’ Trust Advisory Committees that work with the Trustees managing virtually every current Bankruptcy Trust Fund

This experience has provided us with:

An intimate knowledge about the operations of these Trusts
How to efficiently present claims
How to negotiate maximum values for the claims

Just as in the United Kingdom, asbestos litigation in the United States requires skilled and experienced counsel – it’s easy to say you can do it, but it’s not at all easy to do it right.

Special Interests Looking to Block Asbestos Ban in Russia

Posted on July 29, 2011 by Steven Kazan

The efforts of the Russian Federal State Unitary Enterprise “NAMI” to ban the use of asbestos in automotive friction products in the Eurasian Economic Community are being rebuffed by stakeholders and special interest groups like the Russian Chrysotile Association.

According to Coordinator of International Ban Asbestos Secretariat (IBAS) Laurie Kazan-Allen, the Russian Chrysotile Association has even appealed to Prime Minister Vladimir Putin, in order to aid its fight in blocking the ban and keeping the asbestos industry as is in the country.

Such opposition has been apparent for years, as an August 2008 event titled “Chrysotile Asbestos: Problems of Its Production and Application in Russia and Elsewhere,” heard from a number of Chrysotile Association representatives, who claimed that asbestos can absolutely be handled properly in certain conditions.

Additionally, an asbestos company director claimed his workers had not suffered an asbestos-related disease such as asbestosis or malignant mesothelioma in the previous 30 years, while a medical director asserted the risks of such illnesses were, in fact, very real.

Vested Interests Aside, Asbestos Poses Real Danger

While officials from the asbestos industry quite obviously have vested interests in preventing a ban of the carcinogenic material, the fact remains that even low-level exposure to asbestos can have devastating consequences.

Notably, the symptoms of diseases such as lung cancer, mesothelioma and asbestosis, typically do not appear until decades after initial exposure, so reports that workers have not been affected by exposure to the material may be premature at this stage.

Additionally, it is clear that asbestos exposure can be deadly, as the World Health Organization estimates that 107,000 people die each year around the world as a result of asbestos-related illnesses.

President of Collegium Ramazzini Backs Asbestos Ban

With the debate growing between special interests and those looking to ban asbestos use, president of the Collegium Ramazzini Dr. Philip Landrigan recently penned a letter to Dr. Tatiana Golikova, Russia’s Minister of Health and Social Development, saying he was in support of the ban.

“Asbestos exposure from grinding brake pads and cleaning brake assemblies is a widely recognized health hazard,” Dr. Landrigan wrote. “Manufacturers of new cars and trucks all over the world have converted to safer technologies. China and over 50 other countries have banned the use of asbestos in vehicle friction materials.”

As a result, Dr. Landrigan told the health minister that he looked forward to helping in any process that could ultimately “phase-out” the use of asbestos.

Discovery of Asbestos in Collapsed Arkansas Building Delays Site Cleanup

Posted on July 27, 2011 by Steven Kazan

When asbestos is discovered in a building that is undergoing repairs or demolition work, it can not only pose a health risk to local citizens, but can also hinder cleanup of the facility.

This is exactly what is occurring after two buildings collapsed in Morrilton, Arkansas, in May, killing a toddler and injuring her mother, according to the Arkansas Democrat-Gazette.

The collapse of the buildings killed 2-year-old Alissa Jones and seriously injured her mother, Erin Coffman, the news source said. Now, the owners of the facilities have agreed to remove the debris from the properties, which is still located on the site.

However, as a result of the discovery of asbestos – a material that was used in a number of older buildings due to its utility as an insulator and resistance to fire – Mayor Stewart Nelson said the cleanup had been delayed.

Nelson told the news source that the Arkansas Department of Environmental Quality had decided to order an asbestos inspection after hearing about the piles of debris on the property.

Asbestos Testing Turns Up Positive

When the state Department of Environmental Quality had the asbestos testing completed, five of the 16 samples examined reportedly turned up positive, Dr. J.J. Magie, the owner of one of the buildings told the news provider.

Due to the discovery of the carcinogenic material, the owners are required to hire an asbestos removal contractor to rid the properties of the contamination, and bids are currently being submitted.

Nelson, Morrilton’s mayor, added that the fact that the debris had been on the ground for so long further complicated the contamination.

“ADEQ said the whole (site) was hot because the buildings had been on the ground” for so long, the mayor explained.

Asbestos Exposure Can Prove Deadly Down the Road

While the symptoms may not manifest themselves until decades after initial asbestos exposure, the inhalation of the dangerous mineral fibers has been proven to cause a number of serious illnesses including asbestosis, lung cancer and malignant mesothelioma, a rare form of cancer.

Such diseases are responsible for a significant number of deaths, particularly due to occupational asbestos exposure, as the World Health Organization estimates that the illnesses kill approximately 107,000 people worldwide each year.

Powerful Lobbying Firm Fights for Asbestos

Posted on July 22, 2011 by Steven Kazan

Asbestos is a harmful substance that kills tens of thousands of people each year around the world through diseases such as malignant mesothelioma and asbestosis. If the dangers posed by the substance weren’t enough, powerful lobbyists and public relation firms have been fighting to preserve the economic interests of those they represent by fighting bans on asbestos around the world.

The most obvious recent example of this was in Canada, where numerous politicians attempted to revitalize an asbestos mine under the guise of job creation despite protests from the medical community around the world about the incredible danger posed by the naturally occurring substance.

However, Canada is not the only country that has been affected by efforts to keep the asbestos industry going, as Malaysia’s Consumers Association of Penang (CAP) said that people from public relations firm APCO Worldwide were at a gathering of the country’s Department of Occupational Safety and Health (DOSH) to try to stop a ban on asbestos.

APCO Worldwide in Malaysia

According to its website, APCO Worldwide has 30 offices around the world and represents a variety of businesses. It has represented a number of large businesses such as Bristol-Myers Squibb, Dow Chemical, Microsoft and Procter & Gamble, but it now appears that it is working to preserve asbestos interests in Malaysia.

According to CAP, DOSH had reached a consensus to ban chrysotile (or white) asbestos but Representatives of APCO worked to prevent the ban and also planned to meet with Malaysia’s Minister of Human Resources.

According to an article by Coordinator of International Ban Asbestos Secretariat (IBAS) Laurie Kazan-Allen, APCO had recommended to tobacco companies that rather than have industry spokespeople defend their indefensible product, they hire PR firms to do their dirty work for them. Ms. Kazan-Allen draws the conclusion that companies that profit off asbestos took this advice to heart, and hired APCO to represent their interests.

APCO’s lobbying efforts

According to OpenSecrets.org, APCO took in $3.3 million in lobbying income in 2011, with $810,000 of that coming from Dow Chemical.

Helping APCO to lobby for various interests are not only seasoned PR veterans but at least one former U.S. congressman as well. According to a press release, former member of the House of Representatives Baron Hill, a Democrat from Indiana, recently joined APCO as “a senior vice president in the company’s government relations practice,” which could likely be pared down to “lobbyist.”

With such powerful figures on the side of a company allegedly involved in the promotion of the deadly asbestos industry, it will be up to asbestos attorneys and mesothelioma lawyers to ensure that the blue-collar workers who become ill through their exposure to the mineral fibers on the job receive justice.

Malaysian Asbestos Industry Allegedly Uses PR Firm to Fight Asbestos Ban

Posted on July 20, 2011 by Steven Kazan

Anti-asbestos activists in Malaysia recently revealed that the asbestos industry in the country may be using a public relations firm to fight the banning of the carcinogenic material.

Coordinator of International Ban Asbestos Secretariat (IBAS) Laurie Kazan-Allen recently wrote about the discoveries of the Consumers Association of Penang (CAP), highlighting how those in the country who wish to continue the use of chrysotile asbestos are using a PR firm to do their dirty work.

PR firm meets with government officials

A recent statement issued by CAP revealed that representatives of APCO Worldwide – the PR firm – were at a gathering of Malaysia’s Department of Occupational Safety and Health (DOSH). At that meeting, which occurred in late May, a consensus was reportedly reached that would have banned chrysotile (or white) asbestos.

However, APCO personnel argued that such a ban could have serious consequences on the economy of Malaysia, which imported 11,491 tons of asbestos in 2010, according to the United States Geological Survey.

APCO’s shady past

According to author George Monbiot, APCO, which has offices around the world, has spent time working for the tobacco industry. During this time, the PR firm advised tobacco companies to not have their own representatives argue their case.

“No matter how strong the arguments, industry spokespeople are, in and of themselves, not always credible or appropriate messengers,” someone from APCO allegedly told a Philip Morris executive.

In addition, the Association of Professional Political Consultants – a UK organization that monitors the PR industry – reports that personnel from APCO’s London office represented an organization called “Russian Chrysotile.” Ms. Kazan-Allen surmises that this is a group that supports the use of chrysotile asbestos from Russia.

Asbestos’ serious health risks

Despite arguments from APCO and others (including a number of Canadian politicians) claiming that chrysotile asbestos does not pose health risks if it is used properly, it has been proven that all forms of the naturally occurring mineral can cause a range of serious illnesses.

Lung cancer, asbestosis and malignant mesothelioma – a rare and deadly cancer – are some of the illnesses that can result from exposure to the deadly mineral fibers.

According to the World Health Organization, such diseases claim the lives of 107,000 people each year around the world.

New York Man Awarded $2.5 million in Asbestos Compensation

Posted on July 18, 2011 by Steven Kazan

A former laboratory chemist from New York recently won $2.5 million in compensation after he was reportedly exposed to asbestos on the job and subsequently diagnosed with malignant mesothelioma in March 2010.

According to the Buffalo News, James Ginter was employed at manufacturer Durez Plastics in North Tanawanda, New York, starting in the late 1970s where he was charged with utilizing resins and molding compounds.

Specifically, Ginter was responsible for working with a Ford Motor Company-manufactured machine with which he was forced to grind asbestos-containing products that were later utilized in the brakes of vehicles, the news source said.

In his lawsuit, Ginter claimed that such work resulted in asbestos-containing dust being released into the environment, which ultimately led to his mesothelioma diagnoses decades later.

Ginter also accused Ford of manufacturing the machine without warning employees about the possible risks that came with asbestos exposure.

Ford was reportedly the only defendant involved in the trial and was assigned 15 percent responsibility for the damages awarded to Ginter. Other defendants named in the suit reportedly settled before it reached the state Supreme Court, the news source said.

Ginter’s Asbestos Lawsuit One of Many in the U.S.

The multi-million dollar award granted to Ginter represents just one of the many asbestos cases being heard in courtrooms around the country.

In one other such case, the widow of a Louisiana seaman recently filed an asbestos lawsuit against a number of companies who she claims are responsible for her late husband’s asbestos exposure and subsequent death.

According to the Louisiana Record, Katrine Davalie filed the asbestos lawsuit on July 9 in federal court in New Orleans. She claims companies such as Bethlehem Steel Corporation, Black & Decker Corporation and North American Refractories Company were negligent in allowing her husband to be exposed to asbestos-related products while working on ships.

Davalie is seeking damages for loss of earnings, pain and suffering, according to the news source.

Kazan Law Attorneys Named to Super Lawyers for 8th Consecutive Year

Posted on July 13, 2011 by Steven Kazan

We are very pleased to announce that for the eighth consecutive year, attorneys at Kazan Law have been named to the prestigious Super Lawyers list.

Super Lawyers Selection Process

The Super Lawyers listing is developed as a resource to be used by attorneys and consumers searching for outstanding legal counsel. Super Lawyers attorneys are chosen through a rigorous, multiphase rating process which includes peer nominations and evaluations combined with third party research. We are honored to have these Kazan Law attorneys included in this list which represents no more than 5 percent of the lawyers in the state of California.

David McClain: Super Lawyer 2004-2011
Jim Oberman: Super Lawyer 2010-2011

Rising Stars

In 1998, Super Lawyers launched Rising Stars to recognize the top up-and-coming attorneys in the state. Rising Stars are considered by their peers as the best attorneys under the age of 40, or who have been practicing law for 10 years or less.Two of the Kazan Law Super Lawyers named this year have been acknowledged as Rising Stars:

Posted in firm news | Tagged David McClain, Gloria Amell, Jim Oberman, Justin Bosl, Rising Stars, Steven Kazan, Super Lawyers | Leave a comment

New Asbestos Threat Emerges in Libby, Montana

Posted on July 6, 2011 by Steven Kazan

The people of Libby, Montana, are perhaps more aware about the dangers posed by asbestos than anyone else in the U.S.

The W.R. Grace vermiculite mine that operated for decades near the town brought a great deal of the naturally occurring carcinogen to the surface. People in Libby and the surrounding areas were exposed to asbestos and many subsequently contracted illnesses such as asbestosis, lung cancer and malignant mesothelioma, a rare cancer that attacks the thin membrane that lines the body’s chest, abdomen and multiple internal organs.

According to the Associated Press, such asbestos-related diseases have claimed the lives of about 400 people in the town. An additional 1,750 are estimated to have contracted such a disease.

Now, the people in the town are facing another asbestos threat in the form of two large piles of woodchips and bark that contain asbestos, reports the news source.

AP Investigation into Piles

The AP conducted an investigation into the piles, which have been used by residents and the town in parks and near schools. In addition, the news source reports that the federal government has known that the piles contained asbestos for at least three years.

According to the news source, the Environmental Protection Agency did not prevent people from taking the material away until the AP began its investigation.

“We thought we were coming to an end and now we have this issue all over again,” said Lerah Parker, a resident who has used the woodchips.

Asbestos-tainted Woodchips Widely Used

According to local officials, about 1,000 tons of the material has been used throughout Libby for both erosion control and landscaping. In addition, an official told the news source that as much as 15,000 tons of the material were sold and taken to unknown destinations over the past decade.

Parker showed the AP her property, which contained hundreds of plantings such as trees and bushes that were all ringed with the asbestos-tainted woodchips.

EPA Responds to AP

According to the news source, the EPA said in a written statement that previous tests on the piles were too inconclusive to determine that the material in the piles posed an immediate threat to the area.

The federal agency, which has spent $370 million cleaning up Libby over the past 11 years, said that it would look further into the woodchips and create guidelines regarding how the material should be handled.

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