WTC cleanup workers can renew health claims, court rules

Cleaners that were exposed to toxic substances
in buildings may renew their claims in court.

A federal appeals court in New York has revived claims by 211 cleanup workers who sought compensation for their alleged exposure to toxic contaminants in buildings near the World Trade Center site after the Sept. 11, 2001, attacks.

The 2nd U.S. Circuit Court of Appeals said a lower court judge erred in dismissing the claims, after the workers had answered "none" when asked if they had been "diagnosed" with ailments, injuries or diseases.

These workers were employed by cleaning companies hired by Verizon Communications Inc, Brookfield Properties and dozens of other owners of downtown Manhattan buildings damaged or destroyed in the attacks, the court said.

"The fact that plaintiffs answered 'none' to the interrogatory was an insufficient basis, by itself, for a blanket conclusion that all 211 plaintiffs could not establish their claims against defendants as a matter of law," Circuit Judge Denny Chin wrote for a three-judge 2nd Circuit panel.

The decision overturned an August 2012 dismissal of the claims by U.S. District Judge Alvin Hellerstein in Manhattan, who oversees much of the Sept. 11 litigation.

Verizon spokesman Bob Varettoni had no immediate comment. Lawyers for the phone company and the other defendants did not immediately respond to requests for comment.

"I applaud the 2nd Circuit for having the ability and desire to do the right thing," Marc Bern, a lawyer for the workers, said in a phone interview. "It is clear that the exposures that these individuals had led to their injuries."

The 2nd Circuit said Hellerstein should have examined whether each plaintiff suffered a compensable injury, even if it had been undiagnosed or surfaced late.

It also gave examples of workers who reported no diagnosed symptoms but deserved a chance to press their claims.

One complained of dizziness, fatigue and shortness of breath but received no diagnosis when he saw a doctor, while a second reported bronchitis, chronic coughing and difficulty breathing.

"While we appreciate that the sheer number of cases before the district court made its task of managing this mass tort litigation extraordinarily difficult, the district court was obligated to individually consider each plaintiff's answer of 'none' in the context of any other evidence of injury," Chin wrote.

The 2nd Circuit also upheld Hellerstein's dismissal of claims by 31 workers who did not timely pursue their cases.

The case is Markut et al v. Verizon New York Inc et al, 2nd U.S. Circuit Court of Appeals, Nos. 12-3403 and 12-3729.

Source: Reuters

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Building news: Gypsum walls lets in carbon monoxide

Puts multifamily dwellings at risk for CO poisoning

Symptoms of mild acute CO poisoning
include lightheadedness, confusion,
headaches, vertigo, and flu-like effects;
larger exposures can lead to death.

"Carbon monoxide (CO) poisoning is a significant U.S. health problem, responsible for approximately 500 accidental deaths annually, and a risk of 18 percent to 35 percent for cognitive brain injury 1 year after poisoning. Most morbidity and mortality from CO poisoning is believed to be preventable through public education and CO alarm use. States have been enacting legislation mandating residential CO alarm installation.

"However, as of December 2012, 10 of the 25 states with statutes mandating CO alarms exempted homes without fuel-burning appliances or attached garages, believing that without an internal CO source, risk is eliminated. This may not be true if CO diffuses directly through wall-board material," write Neil B. Hampson, M.D., of Virginia Mason Medical Center, Seattle, and colleagues.

As reported in a Research Letter, a Plexiglas chamber divided by various configurations of gypsum wallboard was used to determine whether CO diffuses across drywall. Wallboard of various thickness levels were tested.

Carbon monoxide test gas was infused into the chamber and then CO concentrations were measured once per minute in each chamber for 24 hours.

The authors sought to determine how rapidly a concentration of CO toxic to humans would be reached in the non-infused chamber and whether diffusion would then continue.

The researchers found that carbon monoxide diffused across single-layer gypsum wallboard of 2 thicknesses, double-layer wallboard, and painted double-layer wallboard.

"Gypsum's permeability to CO is due to its porosity. … The ability of CO to diffuse across gypsum wallboard may explain at least some instances of CO poisoning in contiguous residences. Exempting residences without internal CO sources from the legislation mandating CO alarms may put people in multifamily dwellings at risk for unintentional CO poisoning."

Source: The JAMA Network Journals (EurekAlert!)

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Contractor blamed for poor building air quality in Pennsylvania

Source: WHTM/ABC27

The Department of General Services says work being done on a roof is to blame for a wave of air quality complaints by the employees of the Department of Revenue in Harrisburg Pennsylvania.

"It was terrible," said Lori Coffey to ABC 27 news. "When they started, we started to get a really bad stench and I mean it, we were getting light-headed, our eyes were burning and I was getting a headache."

"There were fumes inside the building that were making people sick," said Crystal Singiser, a Revenue Department employee. "I mean, there were a couple of people who threw up."

Workers were moved to another section of the building and the roofing work has been suspended.

A union representing state employees said it will file grievances on behalf of workers.

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