Company sued for selling formaldehyde-releasing floors

Class-action lawsuits allege Lumber Liquidators sold flooring that contained dangerous chemical

The laminate flooring in question allegedly released
formaldehyde, which can affect people's health and well-being.

Los Angeles, CA -- It’s bad enough to be facing a parade of lawsuits ranging from allegations of stock price affectations to defective products. However, when Anderson Cooper and the venerable 60 Minutes comes knocking at your door, you know you’re not going to have a good day.

Such are the issues facing Lumber Liquidators, a US vendor of Chinese flooring products that are alleged to have not only failed California’s so-called CARB-2 safety standards, plaintiffs also claim levels of formaldehyde in the products exceed safe limits by serious margins.

The issue takes on greater significance given the adoption of the California Air Resource Board Phase 2 (CARB-2) emissions standard for formaldehyde in manufactured products as the US standard several years ago, which finally comes into effect nationwide later this year.

According to the report aired on 60 Minutes, glue used in the production of laminate flooring can sometimes contain formaldehyde. In low levels it’s not considered a problem, especially when the formaldehyde is encased in the product, preventing emissions from escaping into the air.

The problem with Lumber Liquidators Flooring formaldehyde, according to the allegations, is that a greater level of formaldehyde is used in the production of products for Lumber Liquidators, in an effort to keep costs down.

Such a high level of formaldehyde, according to environmental experts interviewed by CBS News for 60 Minutes, can succeed in escaping from the product into the air, making homeowners ill.

That’s the allegation carried in a Lumber Liquidators Defective Flooring Class Action Lawsuit filed by John and Tracie-Linn Tyrrell in federal court in California March 5.

Customer suffered health effects after floor installation

According to the Richmond Times Dispatch (3/5/15), John Tyrrell began experiencing symptoms that include extreme shortness of breath, weakness, fatigue, and incessant coughing and sneezing shortly after he and his son-in-law installed the laminate flooring.

“Despite repeated medical tests, his doctors have not been able to identify the cause of these symptoms,” the lawsuit claims.

The proposed class action seeks to represent any consumer who purchased Chinese flooring products from Lumber Liquidators in the last four years. They seek re-imbursement for the material and installation, as well as unspecified damages.

The lawsuit also seeks to force Lumber Liquidators’s hand by having an injunction granted, preventing the company from selling the allegedly defective products.

“Based on lawsuits, articles and blog posts, [Lumber Liquidators] knew or should have known that its laminate wood flooring products were not compliant with [California emissions] standards,” the lawsuit said.

“Despite this knowledge, defendant failed to reformulate its flooring products so that they are compliant or to disclose to consumers that these products emit unlawful levels of formaldehyde.”

Lumber Liquidators, according to the Dispatch report, is “currently reviewing the allegations contained in this lawsuit,” the company said.

“It appears that many of the claims mimic contentions raised in a separate suit that was filed by a law firm that also represents a short-seller, which looks to benefit from decreases in our stock price, in another action against us. We believe in the safety of our products and intend to defend this suit vigorously.”

Out of 31 samples of Chinese flooring products imported by Lumber Liquidators independently tested by 60 Minutes at two certified testing labs, all but one sample presented with seriously high levels of formaldehyde that exceeded state and pending federal guidelines.

Upon dispatching reporters to the manufacturing facility in China, 60 Minutes was told the facility had the capability of manufacturing to the CARB-2 standard, but switched to cheaper manufacturing methods that utilized higher levels of formaldehyde in the wood glue for products manufactured for Lumber Liquidators.

Officials of the manufacturing facility also admitted to 60 Minutes reporters using a hidden camera that products were improperly labeled as CARB-2 compliant, or so it is alleged.

In a filing, Lumber Liquidators said “we believe that ‘60 Minutes’ used an improper test method in its reporting that is not included in California regulations and does not measure a product according to how it is actually used by consumers. We stand by every single plank of wood and laminate we sell all around the country.”

The case is John Tyrrell et al v. Lumber Liquidators Inc., Case No. 2:2015cv01615, California Central District Court.

Source: LawyersandSettlements.com

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IBM to settle toxic spill suit

Company and plaintiffs announce a settlement over TCE releases from the former plant

The settlement ends a six-year saga.

IBM Corp. will settle a lawsuit brought by 1,000 plaintiffs who alleged that toxic spills from the company's former Endicott manufacturing plant caused illnesses and deaths, damaged property values and hurt businesses.

Both sides announced the settlement without revealing details of the agreement.

"IBM and the plaintiffs' counsel have reached this agreement in an effort to resolve these cases without further burdensome and expensive litigation," said the joint statement from the litigants.

The settlement brings to a close a more-than six-year saga in which IBM and those who claim they were harmed by the toxic releases waged a fierce legal battle on monetary rewards.

Affected residents, in a multi-million-dollar liability lawsuit against IBM, claimed the company should pay for the damage caused to residents around what once was the company's main domestic manufacturing facility.

From 1935 to the mid-1980s, IBM used TCE (trichloroethylene) to clean metal parts in degreasers at its industrial campus in the Village of Endicott. In 1979, the company discovered some of the TCE had pooled in groundwater beneath the facility and appeared to be migrating.

Soil vapor intrusion

Contamination from soil vapor intrusion was detected by the late 1990s, and by 2002, IBM began testing the air at the request of state health and environmental agencies. Basement ventilation systems were eventually installed in more than 400 homes.

Settlement negotiations between the parties began last July, when state Supreme Court Justice Ferrous D. Lebous requested that representatives of both sides start meeting about an out-of-court settlement. Negotiations were apparently successful, culminating with Tuesday night's release that the parties agreed to a settlement that satisfied both sides.

Lawyers of those who brought the suit against IBM said they will conduct meetings with clients over the coming weeks to present terms of the settlement.

IBM representatives said the company will continue the environmental cleanup that has been ongoing since the widening toxic plume was discovered.

Pumps spread throughout Endicott pull pollution from the ground through structures called recovery wells.

Over time, these wells have grown in number from four to more than 22, and to date, they have recovered more than 815,000 pounds of trichloroethylene and other toxic chemicals, with an unknown amount remaining beneath the village.

Company officials have never publicly explained IBM's role in the disaster, and their legal position was that the company always handled chemicals responsibly and in accordance with standards of the day.

They have not denied their former operations were a primary contributor to the pollution. They have not admitted it, either, nor have they offered a detailed explanation of the source of the problem.

Cleaning up industrial solvents

Representatives of the company said it was cleaning up the solvents from multiple industries that have operated in the region's industrial corridor for generations. Endicott was also home to the vast shoe manufacturing empire of Endicott Johnson Corp., once the region's largest employer.

However, the toxic-liability suit named only IBM as the source of the chemicals that tainted parts of Endicott's commercial district and nearby residences.

IBM sold the 140-acre campus to Huron Real Estate Associates in 2002. Current tenants include i3 Electronics (formerly Endicott Interconnect), BAE Systems and Binghamton University, among others.

Lawyers for IBM have long contended it was following the responsible path, picking up the sizable costs for cleaning the spill and providing venting systems for properties designated at-risk for vapor intrusion.

Both sides scored initial victories as the case wound its way through the courts. Lower courts ruled against IBM's motion to have the case dismissed, and ruled in favor of a plaintiff's motion to have charges of negligence — the underpinnings of the case — tried before a jury.

But lower court rulings also eliminated or limited some aspects of the litigation, including the charge that the pollution constitutes a trespass in all cases, and the claim that IBM should be held accountable for monitoring the medical condition of all plaintiffs, including non-property owners.

IBM was also able to limit claims for medical monitoring to only people claiming other damages, such as illness or property loss. That eliminated claims for a potentially large group of plaintiffs — renters and children, for example — who may have been exposed but did not develop illnesses or suffer property damage.

Source: PressConnects

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Lead paint suit results in $2.1 million award

Jury awards millions to youth, who was poisoned by
lead paint as a toddler.

A Baltimore jury has awarded nearly $2.1 million to a 17-year-old city youth who was allegedly poisoned by lead paint in the 1990s when he was a toddler in an East Baltimore rental home.

The judgment against Elliot Dackman and the estates of Sandra and Bernard Dackman came recently in Baltimore Circuit Court, at the end of the weeklong trial of a lawsuit brought on behalf of Daquantay Robinson by his mother, Tiesha Robinson.

The jury verdict shows the long-running tide of litigation over the widespread use of lead-based paint in Baltimore's older rental housing has yet to ebb, according to Bruce Powell, the Robinsons' lawyer.

Though Maryland lawmakers enacted a law in 1994 meant to protect young tenants from lead-paint risks, Powell said, "Here we are; there are still a lot of cases."

Dozens of cases remain outstanding naming Elliott Dackman as a defendant, for example.

Daquantay Robinson had enough lead in his blood to be considered poisoned for more than 18 months while his family lived in a Darley Park home owned by the Dackman Co., Powell said.

According to documents submitted at trial, blood samples taken every six months and analyzed by Johns Hopkins medical laboratories repeatedly revealed what were then considered to be elevated levels of the toxic metal in the toddler.

Sandra Moses, the youth's grandmother, who testified at the trial, said she noticed flaking and chipping paint in the home when the family moved in just before Daquantay was born. She said she called the landlord to complain about it some time later.

"They didn't send anybody out to do any repairs, and I called several times" Moses, 50, recalled.

Subsequent testing after the lawsuit was filed found that while the home has since been substantially renovated, there are still surfaces there with lead paint on them, the family's lawyer said.

Frank F. Daily, who represented the defendants, declined to comment. Circuit Judge Alfred Nance presided over the trial.

Expert witnesses called for the family testified that the youth suffered permanent brain damage as a result of his exposure to lead, leading to learning and behavior problems.

Exposure to lead paint has
resulted in brain damage,
expert witnesses say.

Moses said he "has a hard time keeping up with the other students" in high school.

"Studies have consistently shown that exposure to lead paint, especially in children under the age of 6, can result in a lifetime of medical expenses and financial instability," Powell said in a statement announcing the verdict. "Although no monetary settlement can replace what has been taken from this child, we do feel vindicated when the responsible landlords are brought to justice in court."

It's unclear how much money will actually go to the plaintiff. The jury awarded $1.27 million in economic damages for lost earnings and $818,000 for pain and suffering, the family's lawyer said, but noneconomic damages are capped under state law at $545,000.

The landlord's insurance company also contends it's only liable for a fraction of the damages because it didn't cover the property the entire time he lived there, Powell said.

"There's going to have to be further litigation to get the victim paid," the Robinsons' lawyer predicted.

The award, coming 15 years or more after the youth's alleged exposure to toxic lead paint, highlights the price people continue to pay for Maryland's gradual, at times halting approach to dealing with the health hazards posed by the paint's widespread use in housing decades ago, said Ruth Ann Norton, president and CEO of the Green & Healthy Homes Initiative. The group, formerly known as the Coalition to End Childhood Lead Poisoning, has advocated for stronger lead-paint laws and regulations for decades.

The Darley Park home had been registered with the Maryland Department of the Environment before the Robinsons moved in, as the law required then for all rental units built before 1950. (That was the year lead-based paint was banned in Baltimore city out of concern for its health effects.) Jay Apperson, a state spokesman, said department records contain certification of "full risk reduction" at the property in 1996 before the Robinsons moved in, also as required.

Apperson could not say how the risk reduction was verified. But Norton said that for many years, the state allowed landlords to get by with a visual inspection to certify that lead-paint hazards had been properly dealt with. The only reliable way to check was to swipe window sills and other surfaces for lead-paint dust so fine it couldn't be seen, she said. Lawmakers began requiring lead dust tests in 2012.

Also, in the late 1990s, health standards had yet to require action in cases like Daquantay's. Since 1991, the U.S. Centers for Disease Control and Prevention had said anyone with blood-lead levels of 10 micrograms per deciliter or higher was considered poisoned. But Maryland health authorities were not expected to contact a poisoned child's family or inspect the home unless the level reached 15 micrograms per deciliter, noted MDE's Apperson. Daquantay's highest blood level was a notch below that threshold.

Since then, the CDC has declared that no amount of lead in blood is safe and lowered its "reference" level to 5 micrograms per deciliter.

"The rates this kid had are no longer considered to be a low-level poisoning," Norton said. "These are high."

With increasingly tighter regulations and stricter enforcement, the number of lead poisoned children in Maryland has declined dramatically since the late 1990s. The state is moving now to regulate lead paint in rental homes built between 1950 and 1978, when the federal government banned its sale for interior use. The state also is looking to enforce federal regulations requiring house painters and home improvement contractors take precautions when working even in owner-occupied homes.

"Over the past decade, there has been an increase in enforcement" of lead-paint laws and regulations, Norton said. "It's just regrettable it took so long to get those things in place for this particular family. One hopes we see less of this as we move forward with stronger enforcement and stronger laws."

Source: Baltimore Sun

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Asbestos ruling sides with company

Judge cuts company's liability by more than $1 billion

The judgment affect current and future
victims of asbestos-related diseases.

A federal judge in Charlotte has delivered a startling victory for industries that are part of the country’s long-running asbestos-liability fight, cutting more than $1 billion from what a company owes to current and future victims.

U.S. Bankruptcy Judge George Hodges accepted the $125 million figure proposed by Garlock Sealing Technologies, a Palmyra, N.Y., subsidiary of EnPro Industries of Charlotte.

The amount covers claims for mesothelioma, a rare and deadly cancer of the lining of the lungs and one of a host of diseases linked to asbestos. Attorneys representing current and future mesothelioma victims had asked the court to set liability at $1.3 billion.

But in his 65-page order Friday, Hodges said the attorneys’ dollar figure did not fairly reflect Garlock’s liability. He accused asbestos lawyers and clients of withholding or manipulating evidence, as well as relying on “pseudoscience” to pump up the size of asbestos settlements and jury awards.

In regards to Garlock, Hodges said plaintiff attorneys withheld evidence about their clients’ exposure to company products, “unfairly inflating the recoveries against Garlock” for the decade leading up to the company’s bankruptcy filing.

According to the U.S. Chamber Institute for Legal Reform, an industry advocacy group, Hodges’ ruling marked the first time in more than 80 asbestos bankruptcies stretching back for more than 30 years that a judge refused to accept the plaintiffs’ estimate for future claims.

In his ruling, Hodges said previous settlements were not an appropriate measurement because they had been inflated by what he called “the impropriety of some law firms.”

Garlock, which makes seals and gaskets for a host of industries, has been a target of asbestos related lawsuits for some 40 years. It filed for Chapter 11 protection in 2010, one of dozens of otherwise solvent businesses that turned to the courts for help in settling thousands of claims of asbestos poisoning.

Asbestos is at the center of the country’s longest running liability case. And Garlock was among the last industrial targets to seek bankruptcy protection. This summer, attorneys from across the country gathered in Hodges’ courtroom for a 17-day trial to argue Garlock’s liability.

Up until the mid-1980s, asbestos was widely used in insulation and as a fire retardant. But its tiny, jagged particles can lodge in the linings of the lungs and other organs, causing cells to mutate.

Companies have been accused of knowing the risks of asbestos for decades but concealing them from their employees. One well-known Texas anti-asbestos attorney told the Wall Street Journal last year that his clients are victims of the “worst corporate mass genocide in history.”

But in his ruling, Hodges accepted company arguments that Garlock’s liability is highly limited, concluding that the concentrations of asbestos in company products are small and mostly made up of a less dangerous form of the fibers.

The article has been edited for length. 

Source: Charlotte Observer

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Flame retardant maker files lawsuit against new law

Flame retardants in furniture have been
linked to health risks, experts say.

A leading manufacturer of flame retardants is suing in an attempt to derail a new California law that seeks to keep the chemicals it makes out of upholstered furniture sold in the state.

The lawsuit filed in Sacramento by Chemtura Corp. argues that the law puts consumers at risk by changing a 4-decades-old flammability test that upholstered furniture must pass to be sold in California.

The intent of the change, which took effect this year, is to discourage furniture manufacturers from using flame retardant chemicals that have been linked to reproductive problems, developmental delays and cancer, as well as health effects that have not yet been studied.

But Chemtura says the new law will risk lives.

"If left unchallenged, California's revised, weakened fire safety standard could tragically lead to more fires and more injuries, deaths and property damage nationwide," said Anne Noonan, the Philadelphia company's senior vice president of industrial engineered products.

Chemtura, the first chemical company to challenge TB-117-2013 in court, has a lot of business at stake.

Under the old law, couches and other furniture with polyurethane foam had to withstand 12 seconds of a small, open flame, akin to a candle or a match. Furniture makers weren't required to use flame retardants but have used them to ensure they would pass the test.

Since then, independent studies have linked many flame retardants to health problems. Other research has questioned the merits of the test because small, open flames cause fewer fires involving residential furniture than smoldering cigarettes.

After a Chicago Tribune investigation in 2012 showed that chemical companies had distorted research to promote the safety of their products, scientists, regulators and advocates sought to reverse the 1975 California law that started it all.

The new law requires furniture upholstery to resist a cigarette-like smolder. Government officials and fire scientists say it will improve consumer safety and eliminate the need for flame retardants. Flame-retardant-free furniture has been trickling onto the market and will be mandatory by the beginning of 2015.

Chemtura, which filed its suit in Sacramento County Superior Court, is challenging the change by saying that the standard weakens fire safety and that the number of fires caused by small, open flames is, in fact, significant.

The law applies to any company that makes furniture to be sold in California, which has the world's eighth-largest economy, making it a major threat to flame-retardant makers. The chemicals are lucrative: A 2011 analysis projected global revenue from flame-retardant sales would reach $5.8 billion by 2018.

Source: San Francisco Chronicle

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Residents sue General Mills over TCE soil pollution

Soil vapor intrusion fears for Minneapolis homeowners

Two class-action lawsuits were filed against General Mills by residents in the Como neighborhood of southeast Minneapolis, where state-ordered testing has shown troubling concentrations of the pollutant TCE in soil below their homes.

Updated results have been published as of Friday morning for 58 of roughly 200 homes in the target area, southwest of a former General Mills facility where solvents containing TCE (trichloroethylene) were dumped decades ago and filtered into soil and groundwater. Thirty-seven have turned up with higher-than-acceptable levels of the chemical.

Testing has been completed at another 16 properties, but results haven’t been released, and has been arranged but not completed at another 65 properties, according to a map published by the Minnesota Pollution Control Agency (MPCA), which is overseeing the cleanup project.

TCE exposure has been linked to
cancer and other health concerns.

Three property owners refused testing.

Prolonged exposure to high TCE levels has been linked to elevated risks of cancer and other health problems.

A contractor funded by General Mills is installing ventilation systems — commonly used to remove radon from homes — in the problem properties to prevent the harmful buildup of TCE.

Since the public disclosure of TCE contamination in soil gas in the neighborhood last month, only half of the property owners have scheduled testing of the soil gas below their basements.

The high number of rental homes in the area — many occupied by University of Minnesota students — has added to the challenge of securing testing agreements from the property owners.

However, three attorneys from Minneapolis and Chicago jointly sued in U.S. District Court on behalf of two residents of the Como neighborhood, Karl Ebert and Carol Krauze. And a Minneapolis firm filed a similar suit in Hennepin County District Court on behalf of resident Jill Ruzicka.

Both cases seek class-action status to represent all residents affected by TCE contamination below their homes.

Both were filed ahead of a high-profile community meeting arranged Saturday by Integrated Resource Management, a California firm tied to pollution crusader Erin Brockovich that investigates industrial contamination.

A General Mills representative could not be reached in time for publication.

Source: Star Tribune

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Lawsuit over pool chemical safety reinstated

Pool chemicals may be a health hazard.

A consumer group accused manufacturers of chlorine-detecting pool chemicals of violating state law by failing to disclose a cancer-causing ingredient, but an Alameda County judge dismissed their lawsuit because it failed to precisely identify the actual ingredient - which is also on the state's list of carcinogens.

But a state appeals court reinstated the suit.

The judge's hairsplitting is inconsistent with the disclosure law's purpose, "protection of the public from toxins," the appeals court said.

The suit was filed by Consumer Advocacy Group in 2007 and 2008 against eight makers or distributors of kits that test chlorine levels in swimming pools and spas.

The suit alleged that the products contained a chemical, orthotolidine, or OTO, that is on the state's list of substances known to cause cancer. A 1986 initiative, Proposition 65, requires businesses to warn the public of exposure to any chemical that can cause cancer or birth defects.

The manufacturers responded that the ingredient in their products was not OTO but another chemical, orthotolidine hydrochloride. That substance, which the appeals court described as a salt related to OTO, is also on the state's Prop. 65 disclosure list.

After a non-jury trial in 2010, Superior Court Judge Robert Freedman ruled that Prop. 65 required the consumer group to prove that the products contained OTO, but it had failed to do so.

He dismissed the suit and ordered the group to pay some of the manufacturers' court costs, which came to $60,000, according to the plaintiffs' lawyer.

The chemicals in question have been
linked to cancer in human beings.

In reviving the suit, the First District Court of Appeal said a public-protection measure such as Prop. 65 "must be construed broadly" to accomplish its goals.

The proper question in the case is whether the consumer group can prove that the products "exposed individuals to a listed chemical without a warning," said Justice Maria Rivera in the 3-0 decision.

The justices told Freedman to reconsider the case and decide whether the group's failure to specify the chemical had impaired the manufacturers' ability to put on a defense, and if not, whether they had violated Prop. 65.

Reuben Yeroushalmi, the consumer group's lawyer, said Wednesday that the manufacturers now have a Prop. 65 warning on their labels. He said the suit seeks penalty payments for past violations, which would be split 3-1 between the state and Consumer Advocacy Group.

The pool kits contain "one of the most insidious, dangerous products" sold in California, Yeroushalmi said. He said the group's lawsuits have prompted other companies to remove the ingredient from their products.

Stephen Marsh, a lawyer for the manufacturers, said the defendants are confident that they can show that they complied with Prop. 65.

Source: San Francisco Chronicle 

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Grad student sues for toxic mold in housing

Toxic mold exposure can lead to
ill health and respiratory disease.

A UC Santa Cruz graduate student has filed a lawsuit against UCSC, seeking an excess of $25,000.

Matthew Richert and his wife, Lori George, are suing because they think the toxic mold in their campus apartment caused their daughter's severe respiratory problems.

The couple's daughter Libby, then 1, began to have breathing problems in October 2011, four months after the family arrived.

Santa Cruz doctors couldn't stabilize her, and transferred her to Stanford's pediatric intensive care unit. She spent the next three days in critical condition.

Libby, who was eventually diagnosed with asthma and allergic rhinitis, was hospitalized at Stanford three more times.

At first, the couple was unsure what triggered Libby's attacks, and took their older daughter out of preschool to minimize germ exposure.

The family started noticing mold on their walls in fall of 2011, around the same time Libby first got sick. They tried to manage it, but it returned.

In June 2012, Libby's doctor wrote a letter to UCSC housing requesting the family be transferred if the mold couldn't be removed. Richert and George filed five transfer requests in the following year.

In May, the family conducted an independent mold inspection, which showed five types of toxic mold known to cause severe asthma and allergic rhinitis growing in their apartment.

The university also conducted its own inspection around the same time, which showed damage to the walls. The university transferred the family to a hotel a few days later. The apartment remains unoccupied.

"It's very frustrating, it's very scary and we're not the only ones," George said.

In March 2009, more than 100 residents gathered at Family Student Housing to protest rising rent and substandard living conditions. Many complained that mold was growing in their apartments and allergy attacks kept their children up coughing at night.In April, then-resident Orville Canter collected 142 signatures from residents who said their units were infested with mold, despite cleaning and common-sense prevention methods.

Editor's note: This article has been edited for length.

Source: Santa Cruz Sentinel

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Mold in nose leads to sick building lawsuit and settlement

Plaintiff settled after becoming sick
from toxic mold exposure.

A former prosecutor in Florida has settled a “sick building” suit that claimed the mold in her sinuses was caused by the Broward County Courthouse in Fort Lauderdale.

Stefanie Krathen Ginnis will receive $166,500 in a settlement approved by county commissioners on Tuesday, the Sun Sentinel reports.

She was among 19 current and former courthouse employees who sued and was the first to settle.

The plaintiffs claimed they became sick as a result of toxic mold and asbestos fibers at the courthouse.

Ginnis’ husband, Eric Ginnis, was also a plaintiff. He told the Sun Sentinel his wife had “strong evidence” of cause because the mold found in her nose during complex sinus surgery matched the mold in the courthouse.

Stefanie Krathen Ginnis worked at the courthouse from 2003 to 2010.

Assistant County Attorney Tony Rodriguez said the settlement doesn’t signal that the county is willing to settle all the cases.

"We have to look at all of these on a case-by-case basis,” he told the Sun Sentinel.

Construction has begun on a new courthouse and could be completed in about two years.

Source: ABA Journal

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Captain sues marine company for exposure to toxic fumes

Chemical exposure ruined health and future, seaman alleges

Health and safety lawsuits can be
expensive for employers.

Comal County resident Paul Whetstone seeks more than $1 million in damages from a marine company he claims exposed him to toxic chemicals.

He was ordered to repair his ship after the Ashton T ran aground on the Galveston north jetty in March 2012. Whetstone was first captain of the vessel.

Whetstone claims that he had to work “in a closed environment with little or no ventilation and ingested fumes and vapors from paint, polyurethane, welding gasses and other toxic and harmful substances in the air.”

Whetstone filed a Jones Act lawsuit against T&T Offshore Inc. and T&T Marine Inc. in Galveston County District Court.

In his suit, Whetstone claims he now wears a pacemaker following the incident last year in which “his heart and entire central nervous system shut down and he died.” Whetstone was revived and stabilized shortly afterwards, but rendered unable to work again, the suit says.

Seaman now requires pacemaker because of ship’s toxic fumes, court papers say

He also claims that he was made to eat and sleep “in this environment” and not allowed to leave the Ashton T.

Whetstone claims he requested adequate protection from “such harmful and deadly fumes, vapors and metals in the air” to no avail.

He was released from duty on April 28, 2012, and Whetstone states he was taken to San Antonio’s Baptist Hospital where surgeons installed the pacemaker.

According to the suit, the pacemaker “has permanently prevented the plaintiff from performing any form of work activity in the maritime and aviation fields because he is no longer qualified to maintain his ship captain and aviation license(s).”

A jury trial is requested.

Source: Southeast Texas Record

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Company could face millions of dollars in damages for asbestos exposure at work

Health and safety legislation: Exposing workers
to hazards may be costly for companies.

An Australian court reiterated the importance of safety in a workplace when it comes to asbestos when it ruled that a company exposed workers to asbestos dust even though it knew of the potential health consequences.

The company now faces claims for millions of dollars of punitive damages.

An 86-year-old former shipyard worker sued the company under the state’s Dust Diseases Act, saying he developed asbestosis because of the exposure to asbestos dust.

The court ruled in his favor because he could prove that the company knew he was at risk of exposure when he worked at the shipyard in the 1970s and that the company was also aware that he could get sick from it.

Asbestosis is a lung disease that occurs from breathing in asbestos fibers, which causes scar tissue to form inside the lung. Symptoms include chest pain, cough, shortness of breath and more. There is no cure.

The worker and his council said the decision was important not only for the interpretation of the Dust Diseases Act but also for hundreds of other similar claims that were still before the courts.

Source: The Australian

Air cleaners for asbestos remediation and other workplace hazards

Even though asbestos has been heavily regulated in the past few decades, many buildings still feature asbestos-containing materials that may be a health hazard to the workers there.

Electrocorp has developed portable air cleaners for asbestos and mold remediation work that can help provide cleaner and healthier air, along with other health and safety measures.

As one of the leading providers of air cleaners for industrial and commercial applications, Electrocorp offers the most relevant filtration media, the most adsorbent surface areas and the most customizable options in units that work.

Contact Electrocorp for more information.
  

Cabinet maker sues company for toxic chemical exposure

The plaintiff says the machinery
released toxic chemical fumes.

A man who worked for a cabinet company says he developed respiratory problems after being exposed to toxic chemicals in the machinery.

The man filed a lawsuit against the company and machine supplier.

He claims that the toxic chemicals came from a machine that glues veneer to cabinet surfaces called an edge bander, which required a special adhesive.

The glue was supplied in solid form and had to be heated inside the edge bander to attach the veneer.

The litigant claims that the adhesive was polyurethane that emitted diphenyl methane diisocyanate, a toxic chemical that caused damage to his lungs.

The former worker is asking for more than $150,000 in damages for medical bills, loss of income and court fees.

Source: Madison Record

Air cleaners for chemical and odor concerns at the workplace

When employees are working with glues, adhesives, solvents and other potentially hazardous materials, chances are the ambient air is filled with airborne pollutants that can affect their health and well-being.

An industrial-strength air cleaner with the right types of filters can help remove those airborne chemicals, odors and gases and provide cleaner and healthier air.

Electrocorp has developed portable and powerful air cleaners for a wide range of commercial and industrial applications.

The air cleaners feature some of the most trusted and efficient filtration technologies, with a deep bed of granular activated carbon, HEPA and UV germicidal filtration.

Contact Electrocorp for more information and recommendations based on your specific concerns: 1-866-667-0297.
  

Manufacturers to pay out millions for trailer fumes

Class-action plaintiffs were exposed to high levels
of formaldehyde from pressed wood products.

It was supposed to be a relief effort – but the trailer homes made available to hurricane Katrina and Rita victims turned out to release harmful chemical fumes.

Government tests on hundreds of trailers found formaldehyde levels that were, on average, five times higher than what people are exposed to in most modern homes.

Formaldehyde, used to manufacture many building materials, can irritate the skin, eyes, nose and throat. High exposure levels may also cause cancer.

A class-action settlement is asking about two dozen companies to pay a total of $37.5 million to resolve claims.

Four large manufacturers - Gulf Stream Coach Inc., Forest River Inc., Jayco Inc. and Monaco Coach Corp. – already agreed to pay about $22.7 million of the total amount.

The money will be distributed among 60,000 plaintiffs from Louisiana, Texas, Alabama and Mississippi, if they qualify.

The trailers were made with a lot of pressed wood products (particleboard and plywood), which were the main source of the indoor air pollution. The temporary homes also did not provide adequate ventilation, the lawsuit claimed.

A previous CDC study showed average formaldehyde levels in trailers and mobile homes was about 77 parts per billion -- high enough to raise the odds of cancer and respiratory diseases.

Source: Star-Telegram

Air cleaners to remove formaldehyde and other chemicals

Formaldehyde and other volatile organic compounds (VOCs) can affect people’s health and well-being, but many workers and homeowners are still exposed to high levels of fumes.

A portable air cleaner with a deep-bed activated carbon (activated charcoal) filter can help remove those airborne chemicals and odors.

Electrocorp has designed a wide range of units and sizes provide the most fitting solution for virtually any indoor air quality concern.

Contact Electrocorp for more information and options.
  

Compensation fund set up for workers affected by welding fumes

Plaintiffs in welding fume litigation cases
may be able to benefit from a resolution fund.

Exposure to welding fumes is a high-risk occupational hazard and often the subject of legal pursuits.

Now a US District Judge has set up a fund for a $21.5 million settlement in a multidistrict litigation over the hazardous effects of welding fumes.

The Welding Fume Resolution Fund created by Judge Kathleen M. O’Malley is overseen by a fund administrator, who can determine how the money is dispersed, in accordance with Law360.

The multidistrict litigation involved almost 100 lawsuits, and another 700 or more were pending in other state or federal courts.

The plaintiffs in these lawsuits sought compensation for allegedly developing brain damage after exposure to dangerous welding fumes containing manganese from welding rods.

What are the effects of manganese?

Manganese poisoning (also known as manganism or “welders’ disease”) is caused by excessive exposure to the chemical element manganese (Mn), which is an essential component in iron and steel production.

The disease is sometimes mistaken for Parkinson’s disease, Lou Gehrig’s disease, or multiple sclerosis.

Manganese poisoning has been the subject of a number of product liability suits brought by welders who claim that manufacturers failed to warn that their products could cause welding fumes to contain dangerously high manganese concentrations.

The MDL agreement was reached earlier this year and affects many of these plaintiffs trying to get some justice in court.

Source: Sokolove Law

Welding fume extractors can remove dangerous chemicals, gases

One of Electrocorp's
welding fume extractors
with source capture.

Welding is an important part of many business processes, but keeping workers’ health and safety in mind has to be of utmost importance.

Electrocorp has developed industrial strength air cleaners for welding fume extraction that can handle the different chemicals, gases and toxins present in welding fumes.

The welding fume extractors contain a deep-bed activated carbon filter for gaseous pollutants, a source capture attachment for protection right where it’s needed and other filters for maximum overall dependability.

Contact Electrocorp for more information and options.

Related posts:  

• Sick welder sues welding rod manufacturer
• Study probes effect of dust, welding fumes on women
• Occupational risk: Former welders are often clumsier
• Metal fume fever a persisting problem, toxicologists say

  

Chemical exposure lawsuits: Difficult to prove link between chemicals and cancer

Certain chemicals have been linked to cancer.

While for many people there seems to be a clear connection between chemical exposure at work and the development of cancer, proving a link between a specific type of cancer and chemicals in court may be difficult, recent lawsuits show.

In the case of Joseph Snizavich,a long-time pipe-fitter who died of brain cancer, a judge wouldn’t allow a primary witness report to be part of the trial.

The witness was an expert in occupational medicine who could have given some credibility to the family’s claim that Snizavich’s chemical exposure at a research facility had something to do with the cancer.

It would have been the first trial in connection with an alleged cluster of brain cancer among employees at the site, a Philadelphia Inquirer news report said.

Expert opinions can only be part of a trial if they are delivered with a reasonable degree of scientific certainty, and the judge didn’t feel this was the case here.

Chemical exposure background

The research facility conducted two internal studies that established no cause for cancer, but some officials criticized them as flawed.

A University of Minnesota research team found in 2010 that up to 14 employees at the facility had died of brain cancer after working there.

The research facility was opened in 1963 and changed owners a few times.

However, the researchers could not pinpoint any specific chemicals as possible causes, since thousands of chemicals were used at the site.

Officials had concerns about the indoor air quality at the research facility for certain periods of time, since some chemical vapors expelled by air handling equipment were being sucked back in.

Source: Philadelphia Inquirer

Protect workers from airborne chemicals and vapors

In any working environment where chemicals are involved, there is a chance of exposure for employees.

Electrocorp's RAP series: One of
many series of powerful air cleaners.

While the levels may not be of a concern initially, it’s the cumulative effects of chemical exposure that has many experts worried.

Electrocorp has designed powerful air cleaners for industrial and commercial applications that can remove airborne chemicals, gases and fumes as well as other pollutants such as particles, dust, bacteria, viruses and mold.

The air cleaners feature deep-bed granular activated carbon filters for gaseous pollutants as well as HEPA filters, optional UV germicidal filtration and various pre-filters to prolong the main filters’ lifespan.

The air cleaners can be portable, attached to the HVAC system or mounted to the ceilings or walls, depending on the facility and requirements.

Contact Electrocorp for more information and options. See also Electrocorp's air cleaners for chemical processing plants.
 

Landmark ruling on asbestos compensation

Insurance companies will have to pay compensation
to families that are affected by asbestos exposure.

The Supreme Court in Britain decided that insurers who had offered coverage at the time asbestos victims inhaled fibers will have to honor that and pay compensation.

Four insurance companies have been fighting in court to pay the least amounts possible to 6,000 families, who have a family member that either died or suffers from mesothelioma caused by exposure to asbestos.

The Supreme Court’s decision could bring the compensation bill to more than 600 million pounds and even up to 5 billion pounds if up to 25,000 families enter their claims in the future.

The lawsuit went from High Court to the Court of Appeal and has been running since the year 2006.

Many cancer patients that initially started the claims have died, and their family members have kept pursuing the case.

Asbestos exposure has turned out to be one of the biggest killers in the British workplace even though it has been banned for a while.

The fibers can be in a person’s lungs for half a century before causing cancer, so that experts predict a peak of deaths only in 2016. Currently, about 4,000 people die of asbestos-related diseases in the UK each year.

It has been common knowledge since 1955 that inhalation of asbestos fibers can cause fatal lung cancer.

Employers or their insurers are liable to compensate those who are affected, even if it takes decades to develop.

Observers of the controversial drawn-out case say that a lot of money was wasted in the courts, which could have been given to victims’ families. The average compensation payments for mesothelioma are 200,000 pounds.

Before the lawsuit went to court, insurance companies were paying claims from 1967 until 2006.

Source: The Independent

Watch out for asbestos fibers exposure

The AirRhino is a portable air cleaner
that can go from particle to chemical
control on the site.

Asbestos exposure still remains a problem today because asbestos-containing materials were used extensively before the ban and a lot of older homes and buildings are affected.

Renovations, demolition and other work on those buildings can expose workers and occupants to the deadly fibers.

It is important to let professional asbestos remediation companies handle these projects to minimize exposure and risks.

Electrocorp also offers high-quality air cleaners for mold and asbestos remediation that can help keep the air clean and healthy (along with other measures).

The air cleaners feature the most efficient HEPA and dust/particle filters and they can be used for positive and negative air configurations.

Contact Electrocorp for more information and options.
 

Brazilian Blowout maker settles class-action lawsuit

Brazilian Blowout agrees to pay consumers and
stylists who claim they were harmed by the treatment.

The hair-straightening product Brazilian Blowout has been under siege for a while after numerous complaints from users, government inquiries and filed claims.

The reason for all the excitement is the formaldehyde-content in the products, which the company allegedly failed to label correctly.

Formaldehyde is a known carcinogen and a toxic volatile organic compound that is emitted during the hair straightening process when heat is applied to the product in the hair to straighten it.

The company was also the subject of a class-action lawsuit, which it agreed to settle on Monday for about $4.5 million.

The agreement stipulates that consumers that say they were harmed by the product get $35 for each treatment (with a maximum of three per person), while stylists would receive $75 for each bottle of the product they purchased.

The company also has to change its marketing and take off the “formaldehyde-free “claims on the products, while also providing more detailed instructions on safe use.

The company settled another lawsuit earlier this year when it agreed to the California attorney general’s office to pay $600,000 in fees and penalties and to warn consumers about the release of formaldehyde from the product.

The company is still allowed to sell the popular hair straightening product and people are free to use it – but the goal was to make sure they use it in a safe way, litigators said.

Source: New York Times

Chemical concerns in salons and spas

Electrocorp's
CleanBreeze 3
for salons and spas

Formaldehyde is not the only chemical threat in hair salons and spas. Most hair products, including hairsprays, mousses, shampoos and other fragrance-filled treatments emit chemicals, volatile organic compounds and other toxins.

While good ventilation and proper use of the products are essential, many ventilation systems are unable to provide enough fresh air to reduce the chemical concentration in the ambient air.

An industrial-strength air cleaner from Electrocorp can help. Electrocorp has designed air cleaners specifically for the hair salon and spa environment, including nail salons.

The air cleaners are equipped with many pounds of activated carbon, HEPA and other filters to remove the widest range of indoor air pollutants from the ambient air.

Other air cleaners also feature a special source capture attachment to remove toxins right at the source and prevent them from spreading into the space.

Contact Electrocorp for more information and suggestions.
  

Refinery chemicals blamed for man’s bladder cancer

Health and safety lawsuits can damage a company's
reputation and bottom line.

Exposure to carcinogens throughout his career has allegedly caused the development of bladder cancer for one man, who is suing his employer.

A Texas man working as a journeyman machinist and a machinist mechanic for more than 30 years claims he was exposed to nitrates in a lawsuit filed in November.

The suit alleges that he got bladder cancer because of the exposure to the chemicals, and also suffered physical pain and mental anguish. Part of the claim concerns disfigurement and lost wages.

The man’s wife is also a plaintiff in the lawsuit, claiming the chemical exposure and subsequent suffering cost her her husband’s affection, solace, comfort, companionship, assistance and sexual relations among others.

The complaint states that the defendants (a long list of chemical and oil companies) failed to protect, warn and monitor workers.

The plaintiffs are seeking an unspecified judgment, plus interest, costs and other relief the court deems just.

Source: Southeast Texas Record 

Occupational health and safety a must

Employers have a responsibility to put appropriate health and safety measures into place to provide the safest and healthiest workplace possible.

The AirRhino: Effective odor,
chemical and particle control.

In many cases, these measures include a proactive indoor air quality management program.

The ventilation system in a lot of buildings and factories may be unable to provide enough air exchanges and filtration to keep the air clean and healthy.

That is when a portable or ceiling-mountable air cleaner from Electrocorp provides an affordable and effective solution.

Electrocorp’s air cleaners are equipped with a powerful activated carbon and HEPA filter combination, which can remove a wide range of indoor air pollutants, including chemicals, gases, fumes, odors, particles, dust, bacteria, viruses and mold.

The air cleaners are versatile, customizable and can be filled with different carbon types and blends to enhance adsorption capacity for specific gaseous pollutants.

Contact Electrocorp for more information.
 

Fear of lawsuits drives employers to take Health and Safety seriously

Health and Safety lawsuits can involve
a lot of money, cases show.

Sometimes, fear can be a good thing.

Fear of court is a powerful motivator for employers to go above and beyond the necessary health and safety regulations, says a new UK report.

Researchers reviewed the regulations and approved codes of practice by the Health & Safety Executive (HSE) and how they are interpreted and applied.

It seems an employer’s fear of court is justified, as they are often encouraged to

• Keep large numbers of paper records as evidence
• Settle compensation claims if possible

Even if employers are doing everything “reasonably practicable”, they might lose a court case because of some strict regulations.

This type of compensation culture is widespread in the UK and in North America, where employees tend to seek financial compensation for perceived failings in occupational health and safety measures.

Source: Health Insurance & Protection

Indoor air quality is part of health and safety

Whether it’s people working in an office, at a welding workstation or in a chemical processing plant – the air may contain harmful pollutants.

Electrocorp offers industrial air cleaners for a wide range of applications that can be portable, HVAC-compatible, wall- or ceiling-mountable to fit into any space.

The air cleaners help keep the air clean by removing gaseous pollutants, particulate matter and pathogens from the air with the help of a powerful multistage filtration system with activated carbon and HEPA.

For more information, contact Electrocorp.
 

More lawsuits filed over alleged benzene exposure

Living near an oil refinery may expose
you to airborne chemicals and gases.

Shell Oil Co. and others have been hit with a steady stream of lawsuits claiming that benzene leaks around the oil refinery caused cancer.

The latest comes from a 28-year-old man who attended school next to the Shell Oil Co. refinery. His complaint states that he suffers from non-Hodgkin’s lymphoma, a cancer of the lymphatic system (blood cancer).

He is the sixth plaintiff to file a lawsuit against the company, but the only one with non-Hodgkin’s so far – the other plaintiffs had different blood cancers.

In their complaints, the plaintiffs allege that Shell and BP Amoco knew about the dangers of benzene and publicly minimized the risks. They are each asking for damages well above $50,000.

The complaint alleges that Shell has known about the dangers of airborne benzene because of a high incidence of cancer at the Wood River Refinery in the 1970s and soil vapor intrusion studies in the 1980s.

Soil vapor intrusion describes the process of contaminants from soil or groundwater entering a home or building through cracks and fissures in the foundation.

In May 2008, the Illinois EPA cited Shell for violating the Illinois Environmental Protection Act 41 times by exceeding the standards for the release of benzene, ethylbenzene, toluene and xylene into the groundwater of Roxana, the complaint says.

Shell has filed an answer in at least one of the cases. It admits that the company has processed, handled and stored benzene. It admits that benzene has been classified as a human carcinogen "when exposed to it at significant levels over a sufficient period of time."

However, Shell denies it caused or contributed to injuries and damages, any cover-up or negligence and that it knew of the dangers it allegedly caused. BP has filed a similar answer.

Source: The Telegraph

GAC air scrubbers can remove gaseous pollutants

Electrocorp has designed deep-bed activated carbon + HEPA air cleaners for soil vapor intrusion and environmental concerns, which can adsorb a wide range of gases and chemicals, including benzene, toluene and xylene.

The air cleaners can be equipped with custom carbon blends or impregnated carbon to increase their adsorption capacity, and they are portable and powerful enough to be used in single and multi-family dwellings.

For more information, contact Electrocorp: 1-866-667-0297.