Mesothelioma News: Contractor Sentenced to Prison for Asbestos Violations

2010-05-30 01:32:42 (GMT) (WiredPRNews.com - Law, Mesothelioma Asbestos, Press Releases)

Chicago, IL, USA Cooney & Conway // Mesothelioma attorneys: Cooney & Conway

Going beyond monetary penalties, a federal judge in Michigan sentenced the owner of a demolition company to more than a year in prison for violating asbestos regulations―and exposing workers and residents to potentially deadly disease.

Scott Tucker, 43, who had pled guilty to the illegal handling of asbestos at projects in Ohio and Michigan, will serve a 13-month term and pay a $1,000 fine. According to charges filed by the U.S. Department of Justice, Tucker knew asbestos was present during the work but did not comply with rules intended to mitigate the risk of asbestos-related disease.

In handing down the prison term, U.S. District Judge Robert Holmes Bell said that the sentence was meant as "a message"―not only to Tucker, the owner of H&M Demolition Company in Holland, Mich., but also to others who might be inclined to cut corners and skirt asbestos-related rules.

"I am convinced that the message has to be sent out to the larger community," said Bell. "This is not to be tolerated. This is also way out of bounds." If he sentenced Tucker only to probation or fines, the judge added, others would "think it's just the cost of doing business."

With his business struggling, Tucker had taken dangerous shortcuts and exposed many―including his own workers and those living and working near the sites―to asbestos, a building material that has long been scientifically linked to diseases including lung cancer and mesothelioma, an almost always fatal cancer of the protective lining that covers many of the body's organs.

While contractors, building owners, and others who have known of but ignored or otherwise mishandled asbestos risks have often faced civil penalties, prison sentences are rare The more common civil penalties comprise fines levied by government agencies, or verdicts or settlements obtained by attorneys who bring asbestos lawsuits on behalf of victims

The incarceration of Tucker points to lawmakers' and the courts' increasing frustration with those who refuse to handle asbestos properly, and in the process, put others at grave risk.

In this case, Tucker had instructed workers at a defunct lumber company's kiln-drying building to knock asbestos panels down with an excavator, despite federal regulations that the panels be removed only by hand, carefully lowered to the ground, and kept wet until properly disposed of.

Workers told investigators that to avoid the high cost of proper asbestos disposal, Tucker had them take tons of asbestos-containing debris to a cement-recycling facility. Not only did this result in potential asbestos exposure for the recycler's employees when the debris was crushed, but it meant that purchasers of the cement also risked asbestos exposure.

According to a sentencing memorandum filed by the U.S. Department of Justice, Tucker told workers to "keep your mouth shut" and not say anything about the project to Michigan's Department of Environmental Quality.

The demolition work, the government's memo noted, took place near a residential neighborhood and a Home Depot store. This is particularly troubling because asbestos is most hazardous when airborne; any fibers inhaled by those nearby could put them at increased risk for asbestos-related diseases like mesothelioma, often diagnosed decades after exposure when the prognosis is usually grim.

Tucker, the father of six, will spend three years on supervised release once his prison term ends. During that period, Judge Bell said, he must seek out troubled young men and serve as a mentor. Tucker was also forced to surrender his Michigan license to do asbestos-abatement work.

In an earlier case, Tucker's wife, Jaline, was fined $1,200 after pleading guilty to charges that she ordered workers to haul away large quantities of asbestos-containing debris, which caused asbestos dust to be released into the air.

In a letter to the judge, Tucker wrote: "My shortcomings have resulted in me and my family being in this situation. I am incarcerated. Separated from my family. I have learned a huge lesson!"

This news story was brought to you by the asbestos mesothelioma lawyers at Cooney & Conway. For more than half a century we have been advocating for, and fighting for, those who have been injured by the actions of others―including victims of asbestos exposure and the deadly diseases that result, like lung cancer and mesothelioma. We haven't just brought our clients recovery in their asbestos lawsuits: We've given them answers―and justice.

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Decades after Asbestos Dangers Known, Regulation Still Proves Challenging

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The dangers of asbestos are well known by now. Exposure to the material―widely used for decades in construction, particularly for insulation and ceilings―can result in lung cancer and other diseases, including asbestosis and mesothelioma, an almost always fatal cancer of the protective lining covering many of the body's organs.

The diseases can manifest themselves years after asbestos exposure―mesothelioma typically isn't diagnosed until decades after asbestos fibers were inhaled.

The legal consequences of asbestos exposure are also well known. Over the years, many mesothelioma lawsuits and other asbestos-related claims have ended in verdicts and settlements paying victims millions of dollars. Such recourses have forced manufacturers, property owners, and employers―who knew about asbestos risks, but did little or nothing to mitigate them―to take responsibility for their actions.

What is less known is how the law has treated asbestos itself. There is a widespread―and incorrect―belief that since the material is so clearly harmful, it has been banned.

While the U.S. Environmental Protection Agency did propose a ban―one that would be implemented in three states over a six-year period―it was challenged by industry and ultimately invalidated by a federal appeals court. Regulatory schemes like the Clean Air Act put asbestos rules in place, but imposed no outright prohibition on the substance.

So asbestos―to the surprise of many―remains on the market, still used today in goods like some brake pads. It is also present in many buildings, which raises concerns about demolition and renovation work, because asbestos is most harmful when it is airborne. Disturbing the material can release dangerous asbestos fibers and particles into the atmosphere. Individuals can then breathe in asbestos, putting them at risk for mesothelioma and other diseases.

"Asbestos is a term we have gotten used to over time, and familiarity breeds a certain feeling that we don't have to be as concerned," says Robert Ford, manager of the Utah air quality division that oversees asbestos in that state. "We've become accustomed to it, so we don't fear it as much."

But of all the substances regulated under the Clean Air Act, says Ford, asbestos has been linked to the most deaths―a fact that has kept many mesothelioma lawyers busy, because victims seek answers and compensation.

With no outright ban, state regulators oversee and enforce rules pertaining to asbestos. But those rules can vary from state to state. Utah, for example, has a very strict standard that goes beyond what the federal government mandates. The state averages about 1,400 asbestos inspections each year.

Yet some have criticized Utah's tough standard, questioning why the state exercises regulatory oversight on even small projects like remodeling a home. Others, meanwhile, complain that Utah doesn't do enough when it comes to possible asbestos exposure. It's a scenario that many other states are grappling with as well.

"Finding the right level of regulatory control is very challenging for a state agency," says Ford.

As a result, Utah is surveying other states to see how it compares. The data the state collects will be passed on to lawmakers.

The real challenge, of course, will be to enforce whatever rules ultimately result. While asbestos regulations may vary, the consequences of asbestos exposure do not. For too many families, asbestos has meant disease and suffering―and a lawsuit instead of a cure.

This news story was brought to you by the asbestos and mesothelioma lawyers at Cooney & Conway. For over half a century we have found―and vindicated―those victims injured by the negligence and wrongful acts of others. We have prosecuted, won, and settled some of the country's most significant asbestos lawsuits, bringing relief―and answers―to victims of mesothelioma and other asbestos-related diseases.

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Runner takes to street to fight asbestos ailment

Alissa Boardley and her partner Patrick Andersen train for their half-marathon run on Sunday. The race begins at 9 a.m. ET on May 30 in Ottawa. (courtesy CMF Mesothoners)

An Ottawa woman is hoping to raise money to help treat her father's diseased lungs by giving her own lungs a workout on Sunday, as part of the city's annual race weekend.

Alissa Boardley is one of a team of 20 Ottawa residents running in Sunday's half-marathon to raise money for the fight against mesothelioma, a rare form of cancer found in the lungs or abdomen. It's caused by exposure to asbestos.

The 33-year-old said she knew little about the gravity of the disease until after her father was diagnosed with it a year ago. Since then, she's seen its impact first-hand.

Ottawa Race Weekend road closures

"He is such a fighter," said Boardley. "He is the most inspiring man ever, he's so positive. He's been through hell with all the treatments...going through chemotherapy and recently radiation treatment, and both he and my mom are taking it one day at a time."

Her team - dubbed the Mesothoners - has raised $5,000 for the Canadian Mesothelioma Foundation.

Disease takes over 25 years to develop

The foundation's founder, Michael Konviser, said there are about 200 to 300 cases of the disease diagnosed every year. It tends to develop about 25 to 30 years after exposure, said Konviser.

"So this disease will continue to be around for the next 15 to 20 years before falling off," he said. "So it's still an issue."

Konviser said his foundation has raised close to half of the $100,000 they are hoping to raise to fund a fellowship in mesothelioma at Toronto's Princess Margaret Hospital.

Many of the 38,000 runners lacing up this weekend are like Boardley, racing for various causes and raising money for medical research.

The races, closing with Sunday's marathon, are also expected to close many roads in the National Capital Region and draw crowds of thousands of supporters on the streets. Boardley's father Michael is planning on being one of those cheering runners on.

He said he plans on driving from the family cottage on the Bruce Pennisula to be on the race course Sunday.

"One of my desires is to see her run," he said. "I don't know where she gets the running bug from, certainly not my side of the family."

With files from the CBC's Chad Pawson

Read more: http://www.cbc.ca/canada/ottawa/story/2010/05/28/ott-race-asbestos.html#ixzz0pSnd2Wm1

Mesothelioma and the Need to Ban Asbestos Recently Recognized On a Global Scale

Recent events in Canada and Mexico, in addition to an asbestos hazard warning released by the World Health Organization (WHO), have brought attention to mesothelioma and the urgent need to ban asbestos worldwide.

Asbestos exposure is the primary cause of mesothelioma cancer. Exposure occurs by either inhaling or ingesting asbestos fibers. These fibers have the potential to become lodged in the lining of the lungs, heart or abdominal cavity, where they can cause damage that leads to cancer. Due to the latency period of mesothelioma symptoms, which can range between 20 and 50 years after exposure, the average mesothelioma life expectancy for patients upon diagnosis is four to 18 months.

On May 12, a series of high profile events occurred in Ottawa, Canada that garnered much public participation and media coverage. A well-supported anti-asbestos march and rally followed a press conference that criticized Canada's continued production of asbestos.

Tom Mulcain, a Member of Parliament and member of the New Democratic Party in Canada, stated during the press conference that Canada's current policies which promote the use of asbestos in the developing world is "scandalous and shameful." Mulcain pointed to the evidential fact that Canada-produced chrysotile asbestos is scarcely used in Canada and stated the Canadian asbestos industry's line on controlled use of chrysotile is a lie.

The following march and rally was attended by asbestos victims, trade unionists, academics and politicians. Calling for an asbestos ban, protestors held signs boasting strong slogans and the march even featured a symbolic procession of coffins to illuminate the global epidemic.

The following day (May 13) the World Health Organization just so happened to release a document on the world's top 10 hazardous substances, listing asbestos among other carcinogens such as lead, mercury and arsenic. The WHO stated in the document that "All types of asbestos cause lung cancer, mesothelioma, cancer of the larynx and ovary, and asbestosis (fibrosis of the lungs)… Currently about 125 million people in the world are exposed to asbestos at the workplace. In 2004, asbestos-related lung cancer, mesothelioma and asbestosis from occupational exposures resulted in 107,000 deaths and 1,523,000 DALYs" (disability-adjusted life year).

A third day of international anti-asbestos news hit the media on May 14 as community activists in a Mexico City suburb gathered to protest the exposure risk at an American-owned asbestos brake linings factory.

The WHO believes the fight against asbestos can be taken through public health actions, stating, "Elimination of asbestos-related diseases should take place through the following public health actions: a) recognizing that the most efficient way to eliminate asbestos-related diseases is to stop the use of all types of asbestos; b) replacing asbestos with safer substitutes and developing economic and technological mechanisms to stimulate its replacement; c) taking measures to prevent exposure to asbestos in place and during asbestos removal (abatement), and; d) improving early diagnosis, treatment, social and medical rehabilitation of asbestos-related diseases and establishing registries of people with past and/or current exposures to asbestos."

With dedication to the above public health actions recommended by WHO, the world may see an end to unnecessary asbestos exposure and a subsequent reduction in asbestos-related diseases such as asbestosis and mesothelioma.

Additional information on mesothelioma and asbestos exposure is available through the Mesothelioma Center.

<<  Mesothelioma Radiation: How Does Volumetric Modulation Arc Radiation Compare with Intensity-Modulated Radiation?

This entry was posted on Friday, May 28th, 2010 at 3:05 pm and is filed under Asbestos Exposure, Mesothelioma. You can follow any responses to this entry through the RSS feed. Responses are currently closed, but you trackback from your own site.

Mesothelioma cancer widow begging for justice

A woman who lost her husband to mesothelioma is begging government officials to rewrite legislation in place that is currently preventing her and others like her from obtaining monetary compensation. Ms. Caroline Squires, a resident of the United Kingdom, believes she could be offered a six-figure payout from her husband's former employers. There's just one problem: she is unable to track them (and their insurers) down.

Mesothelioma, a rare form of cancer, is caused in almost all cases by exposure to asbestos-containing materials. There are about 2,300 cases of mesothelioma diagnosed each year in the UK, and that number is expected to increase each year, peaking around 2038. The disease typically lies dormant for up to fifty years before an individual begins to suffer from mesothelioma symptoms, and the majority of patients lose their battle with this cancer in less than two years following diagnosis despite mesothelioma treatment.

Mr. Squires, who also left behind two children and four grandchildren, was likely exposed to asbestos on the job with a heating company in Guildford between 1962 and 1964. Mrs. Squires told reporters that her husband had been trying to gain financial compensation for his mesothelioma disease before his death. "It was important to my husband to claim compensation," she said.

He was worried about providing for his family following his death. It is difficult to believe that there are no records of who the insurers were. The quicker [changes are made to the system] the better, not just for me but for all victims of asbestos disease," she told reporters.

U.S. Navy Veterans, Former Merchant Marines May be at Risk of Mesothelioma from Asbestos Exposure

The law firm of Hissey Kientz, LLP wishes to alert Veterans of the U.S. Navy and Merchant Marines that they may be at risk of developing mesothelioma or other forms of cancer if they were exposed to asbestos during their time in the military. Mesothelioma is a rare form of cancer caused by exclusively by exposure to asbestos. According to some estimates, Veterans account for 30% of all mesothelioma victims in the United States, including many Naval Veterans and former Merchant Marines.

(Vocus/PRWEB ) May 28, 2010 -- The law firm of Hissey Kientz, LLP wishes to alert Veterans of the U.S. Navy and Merchant Marines that they may be at risk of developing mesothelioma or other forms of cancer if they were exposed to asbestos during their time in the military. According to some estimates, Veterans account for 30% of all mesothelioma victims in the United States, including many Naval Veterans and former Merchant Marines.

 

Mesothelioma is a rare form of cancer caused by exclusively by exposure to asbestos, a naturally occurring mineral that was once commonly used for insulation and heat protection. Beginning in the 1930s, nearly all ships built by the U.S. Navy contained insulation or other machine parts containing asbestos.

Thousands of U.S.Navy Veterans and former Merchant Marines who served during World War II, the Korean War, the Vietnam War and other conflicts were exposed to harmful levels of asbestos, placing them at risk of developing mesothelioma, lung cancer, asbestosis or other asbestos diseases. Shipyard workers who handled asbestos products are also at risk of developing one of these diseases.

The U.S. Navy stopped building ships with asbestos during the 1970s. Because of the long latency period of the disease, it may take up to 50 years before Veterans who were exposed to asbestos begin to develop the first symptoms of mesothelioma or other asbestos related cancers.

Many Veterans who were exposed to asbestos during their time in the military have filed lawsuits against the companies who manufactured asbestos products and the equipment that utilized these products onboard U.S. Navy and Merchant Marine ships. These Veterans' lawsuits have alleged that they were not warned about the risks of asbestos exposure, even when the companies who manufactured these asbestos products were fully aware of the danger they posed.

About Hissey Kientz, LLP
Hissey Kientz, LLP represents victims of mesothelioma and other asbestos-related diseases, as well as those who have suffered side effects of Yaz, Yasmin or Ocella birth control, Duragesic or fentanyl overdose deaths, acute phosphate nephropathy as a result of Fleet Phospho-soda bowel cleansing products, Digitek, Zicam, the Composix Kugel mesh patch, gadolinium MRI contrast dyes, Reglan, FELA railroad injury lawsuits, zinc denture creams, the Ortho Evra birth control patch and primary pulmonary hypertension (PPH) caused by Fen-Phen, as well as other defective drugs and devices. To learn more about the law firm and other drug cases, visit us online or call toll-free at (866) 275-4454.

New shipbreaking document issued by OSHA

The Occupational Safety and Health Administration (OSHA) recently released a new document available online outlining safety standards and practices for shipbreaking workers. Shipbreaking involves dismantling decommissioned ships for scrap recycling, and it can be hazardous work. Among other dangers, workers can be exposed to mesothelioma-causing asbestos if safety procedures are not followed. The document outlines safety procedures and contains links to regulations and additional safety resources.