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Asbestos Found in Home Heating and Air Conditioning Equipment

enarh — Mon, 21 Jul 2008 10:16:37 -0700

Release Date

July 21, 2008

Summary

DALLAS, TX (July 21, 2008) The law firm of Baron & Budd, P.C. today announced that an unnamed mesothelioma patient and his family have reached a confidential settlement with several manufacturers of home heating and air conditioning (HVAC) equipment, including industry leaders Lennox, Trane and Carrier. The plaintiff developed mesothelioma, an extremely painful and fatal cancer caused by exposure to asbestos, after working for 40 years as a repairman on residential HVAC units, according to attorney John Langdoc.

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HVAC Manufacturers Settle with Mesothelioma Victim,
Announces Baron & Budd

“Baron & Budd has been investigating asbestos related injuries for years, and even we were surprised to discover that common residential air conditioners and heaters contained the carcinogen asbestos,” said Langdoc. “We had scientists dismantle and test some of the units—units that had no warnings or notifications that they had asbestos in them—and we were shocked to discover that they contained asbestos parts.”

The plaintiff operated a small HVAC repair business in Telephone, Texas, about a hundred miles northeast of Dallas. Over several decades, he worked at hundreds of local homes, repairing name-brand heating and air conditioning units for families in the Dallas/Ft. Worth area. During the course of the lawsuit, Baron & Budd, P.C. discovered that many of these HVAC units contained asbestos parts that released hazardous amounts of asbestos into the air during routine repair work.

According to Langdoc, the evidence that he and his colleagues turned up established that the HVAC manufacturers intentionally added asbestos parts into their equipment and never warned consumers or repairmen that the units had asbestos in them.
“Because these manufacturers have been successful in keeping this secret for so long, HVAC repairmen have been largely unaware of their asbestos exposure and the health risks their work entailed,” said Russell Budd, managing shareholder of Baron & Budd. The case was filed in Oakland, California.

About Baron & Budd, P.C.
For more than 30 years, the law firm of Baron & Budd, P.C. has championed the rights of people and communities harmed by corporate misconduct. With more than 50 attorneys and offices in California, Texas and Louisiana, Baron & Budd enjoys a national reputation as a leader of the plaintiffs’ bar. The firm represents individuals with mesothelioma and other diseases caused by asbestos; leukemia caused by benzene; injuries caused by other toxic substances and unsafe pharmaceuticals; water authorities seeking clean-up costs for drinking water contamination; government entities and whistleblowers fighting corporate fraud through qui tam and False Claims Act cases; securities investors defrauded by corporate wrongdoing; and consumers in class actions.

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John Langdoc

Baron & Budd Attorney Denyse Clancy Speaks at International Mesothelioma Program’s First Annual Harvard Medical School Course

enarh — Mon, 7 Jul 2008 10:17:06 -0700

Release Date

July 7, 2008

Summary

DALLAS, Texas (July 7, 2008) – Denyse Clancy, an attorney and shareholder with the Dallas-based law firm Baron & Budd, P.C., spoke at the International Mesothelioma Program’s First Annual Harvard Medical School Course, entitled "Surgery-Based Multimodality Therapy for Malignant Pleural Mesothelioma." The program was held in Dallas on June 13 and 14.

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The program was designed to update thoracic surgeons and other medical professionals about current diagnostic criteria and treatment options available for patients with pleural mesothelioma, a rare, asbestos-related cancer that attacks the lung’s lining. It was co-sponsored by the American Association for Thoracic Surgery.

Ms. Clancy spoke with the group of medical professionals about how medical research articles are understood and applied in the courtroom—sometimes in ways not intended by the scientist authors. Her words provoked lively discussion among the doctors and research scientists present, including questions about the scientific community’s responsibility to anticipate the legal applications of their words.

Baron & Budd has a long-standing relationship with the International Mesothelioma Program (IMP). As a member of the IMP’s Executive Advisory Board, the law firm is in regular contact with the IMP to remain abreast of mesothelioma research updates affecting treatment options. Baron & Budd was invited to become a member of the Executive Board because of the law firm's experience and commitment to working with people with mesothelioma. Baron and Budd was the first and remains the longest-standing member of the IMP Executive Advisory Board.

About Baron & Budd, P.C.

Since 1977, the law firm of Baron & Budd, P.C. has championed the rights of people and communities harmed by corporate misconduct. With approximately 50 attorneys and offices in Texas, California and Louisiana, Baron & Budd enjoys a national reputation as a leader of the plaintiffs’ bar. The firm represents individuals with mesothelioma and other diseases caused by asbestos; leukemia caused by benzene; injuries caused by other toxic substances and unsafe pharmaceuticals; water authorities seeking clean-up costs for drinking water contamination; securities investors defrauded by corporate wrongdoing; and consumers in class actions.

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Denyse Finn Clancy

Asbestos Verdict Upheld by Louisiana Court of Appeal, Announces Baron & Budd

enarh — Mon, 19 May 2008 07:56:13 -0700

Release Date

May 19, 2008

Summary

Substantial Verdict Upheld Against Mesothelioma Victim’s Former Employers BATON ROUGE, LA – Just fifteen months after winning a substantial verdict against contractors Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. on behalf of a mesothelioma victim, Baron & Budd, P.C. today announced the verdict has been affirmed by the Louisiana First Circuit Court of Appeal. The former welder and pipefitter contracted mesothelioma as a result of asbestos exposure while he worked for the defendants.

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Substantial Verdict Upheld Against Mesothelioma Victim’s Former Employers

BATON ROUGE, LA – Just fifteen months after winning a substantial verdict against contractors Parsons Infrastructure & Technology Group, Inc. and Jacobs Constructors, Inc. on behalf of a mesothelioma victim, Baron & Budd, P.C. today announced the verdict has been affirmed by the Louisiana First Circuit Court of Appeal. The former welder and pipefitter contracted mesothelioma as a result of asbestos exposure while he worked for the defendants.

The plaintiff was represented at trial by attorneys Cameron Waddell and Jody Alderman of Baton Rouge’s LeBlanc & Waddell. Baron & Budd’s Renée Melançon was appellate counsel for the plaintiff.

“Our client’s employers tried repeatedly to evade responsibility for his injuries, but these committed attorneys convinced the trial court, and then the Court of Appeal, that these companies were responsible to their employees for exposing them to dangerous levels of asbestos,” said Russell W. Budd, managing shareholder of Baron & Budd.

In addition to confirming that Louisiana’s 1952 Workers’ Compensation Act does not cover mesothelioma and so does not bar suits by mesothelioma victims against their employers, the Court of Appeal ruled that the plaintiff’s case was not barred by Louisiana’s 10-year preemptive period to bring claims for injuries arising from deficiencies in the construction of improvements to real property. The court ruled that, because the plaintiff’s employer—a contractor who did major “turn-key” construction jobs at a chemical plant—had control over the construction at the time of his asbestos exposure, his claims against his employer fell within the statute’s exception and were not untimely.

The dangers of asbestos exposure, particularly to those like the plaintiff working in close proximity to asbestos insulation, were widely known in industry circles for decades before the plaintiff went to work for the defendants. “Our client’s employers did not protect him from the clouds of asbestos in which he worked, even though basic prevention methods have been known since the 1930s,” said Melançon. “This man has had to accept that the disease that will kill him was preventable, but his employers did nothing to protect him.”

The effects of asbestos exposure, including the onset of diseases like mesothelioma and asbestosis, can take decades to surface. The plaintiff worked as a pipefitter from 1965 until 1985. He was diagnosed with mesothelioma in 2006 and continues to fight his disease from his home in Ponchatoula, Louisiana.

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Renee Melancon

Jody Anderman

Cameron Waddell

Substantial Verdict Leads to Settlement Between Asbestos Victim and Garlock Sealing Technologies

enarh — Fri, 16 May 2008 08:19:29 -0700

Release Date

May 16, 2008

Summary

PHILADELPHIA, Penn.-- The law firm of Baron & Budd, P.C. today announced that a mesothelioma sufferer and his family have settled with former asbestos manufacturer Garlock Sealing Technologies (based in Palmyra, NY) for a confidential amount following the jury’s substantial damages verdict. The plaintiff contracted mesothelioma—an excruciating and fatal cancer associated with asbestos exposure—after working for decades as a boiler mechanic at a Johnsonburg paper mill.

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“His cancer was entirely preventable. Asbestos was just too profitable for Garlock. The worst thing about it is that instead of promptly eliminating asbestos from their gaskets and packing once they knew what asbestos could do, Garlock chose to spend decades devising ways to cover up the cancers its asbestos products cause,” said Baron & Budd attorney John Langdoc. Langdoc and colleagues Ryan Leggiero and Melissa Fair tried the case on behalf of the family.

The irreversible harm done by years of exposure to the paper mill's boilers, which were covered in asbestos cement, and to asbestos gaskets and asbestos rope packing that were used on turbines and steam pipes became apparent in 2006 when the plaintiff was diagnosed with malignant pleura mesothelioma.

Mesothelioma is a painful and deadly cancer that encases the lining around the lungs, called the pleura, and turns it from a single cell layer wide to a thick, hard rind. This inhibits the expansion of the lungs, making it difficult to breath and causing the nerve endings to scrape torturously against the hard lining. In some cases, the growing tumor can encase and fracture the spine, or it can surround and strangle the heart, as it has done in this case.

Prior to contracting mesothelioma, the plaintiff, now 84, played sports with his grandchildren and shared his love of athletics, music and dancing with his wife of 55 years and their three children. He was the first member of his family to see his children go to college, and they are now teachers and principals.

“It breaks my heart because he did everything right," said his son. "He raised us, he educated us, he labored for us. He did everything right and he shouldn't have to go through what he's going through. No man, no person should have to go through what's facing him.”

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John Langdoc

Asbestos Verdict Upheld by California Court of Appeals, Announces Baron & Budd

admin — Mon, 28 Apr 2008 05:38:04 -0700

Release Date

March 14, 2008

Summary

Substantial Verdict Upheld in Unique “Bystander Exposure” Case LOS ANGELES – Eighteen months after winning a substantial wrongful death verdict in Los Angeles Superior Court against Stamford, Conn.-based Crane Co. (NYSE: CR) on behalf of the family of a U.S. Navy veteran who died from his exposure to asbestos, Baron & Budd, P.C. today announced the verdict has been affirmed by the California Court of Appeals.

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Substantial Verdict Upheld in Unique “Bystander Exposure” Case

LOS ANGELES – Eighteen months after winning a substantial wrongful death verdict in Los Angeles Superior Court against Stamford, Conn.-based Crane Co. (NYSE: CR) on behalf of the family of a U.S. Navy veteran who died from his exposure to asbestos, Baron & Budd, P.C. today announced the verdict has been affirmed by the California Court of Appeals.

Attorneys John Langdoc and Renée Melançon from Dallas’ Baron & Budd represented the wife and adult children of a Navy veteran who died in August 2006 from mesothelioma, an incurable cancer caused by asbestos exposure. The lawsuit itself was unique in that this man contracted the disease through “bystander exposure” and Crane Co. was not a manufacturer of asbestos products, but a user of asbestos components.

“John, Renée and our entire trial team have not stopped working to prove, first to the jury, then to the Court of Appeals, how the defendants could have prevented this terrible tragedy,” says Russell W. Budd, managing shareholder of Baron & Budd. “The Court ruled unanimously that a company cannot use a dangerous component, then disclaim responsibility for the harm it inflicts on innocent people.”

The plaintiff was exposed to asbestos while working as a gunner’s mate in the U.S. Navy from 1955 to 1957. Crane Co., a manufacturer of industrial products with more than 10,000 employees worldwide, previously manufactured valves with asbestos gaskets and asbestos packing materials that were used aboard his ship, the U.S.S. Bremerton. Crane Co. also sold its own line of asbestos-containing gasket materials from 1920 until 1972.

The dangers of asbestos have been widely known since the early 1900s, but Crane Co. continued to manufacture and sell asbestos-containing products throughout the last century without researching asbestos dangers, testing the products for asbestos hazards, or warning end users, according to Melançon.

“To have exposed our country’s selfless military members to this dangerous substance was inexcusable,” said Melançon. “On behalf of this family, we are proud to have won and upheld the first successful asbestos verdict against Crane Co.”

The effects of asbestos exposure, including the onset of diseases like mesothelioma and asbestosis, can take years or even decades to surface. Nearly 50 years passed before this Navy veteran began exhibiting symptoms of mesothelioma. He was diagnosed in April 2005, and lived only 16 months after learning he had the disease.

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Renee Melancon

Mesothelioma Victim Wins Verdict in California Asbestos Lawsuit

enarh — Tue, 6 May 2008 08:18:18 -0700

Release Date

March 12, 2008

Summary

The law firm of Baron & Budd, P.C. today announced a verdict in an asbestos lawsuit on behalf of a 69-year-old victim of mesothelioma, a painful and debilitating form of cancer affecting the lining of the lungs, and her husband of 42 years. The jury held asbestos manufacturer Georgia Pacific responsible for her injuries.

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SAN FRANCISCO — The law firm of Baron & Budd, P.C. today announced a verdict in an asbestos lawsuit on behalf of a 69-year-old victim of mesothelioma, a painful and debilitating form of cancer affecting the lining of the lungs, and her husband of 42 years. The jury held asbestos manufacturer Georgia Pacific responsible for her injuries.

Baron & Budd attorneys John Langdoc and Roger Gold represented the clients before Judge Thomas Mellon in San Francisco County Superior Court, announced Russell Budd, managing shareholder of Baron & Budd.

“To our knowledge, this is one of the largest asbestos verdicts of its kind,” said Budd. “The results of this trial send a clear message that companies will be held accountable for endangering innocent people.”

The plaintiff, a San Francisco native, spent much of her career in real estate and show business. Her singing career spanned 30 years and took her around the world seven times on USO tours. But it was her work in the part-time family construction business that exposed her to Georgia Pacific’s asbestos-containing joint compound, the suit established. Together, she and her husband, who was also a math teacher, built and remodeled over 200 houses in the 1970s, 1980s and 1990s.

The evidence at trial showed that Georgia Pacific knew from the moment it entered the asbestos business that asbestos exposure causes disease. Years before the couple first used Georgia Pacific’s asbestos-containing joint compound, Georgia Pacific knew that its product posed a substantial risk to workers. But Georgia Pacific continued making asbestos-containing joint compounds well after other companies stopped.

Georgia Pacific made a conscious business decision to benefit financially from the fact that other manufacturers ceased manufacturing the more profitable asbestos containing joint compounds. Not until the government banned certain uses of asbestos in 1977, after the Consumer Product Safety Commission said that exposure to asbestos-containing joint compound for as little as six hours a day, four times per year could result in thousands of people developing cancer, did Georgia Pacific stop selling asbestos containing joint compound.

“I’ve been honored to represent this family,” said Langdoc. “This lady has worked hard her whole life to care for her parents, to raise a much younger sister, and now to take care of her husband, the love of her life, who was disabled by a stroke last year. Georgia Pacific didn’t care what happened to her family when it sold this product without warnings, but we do care.”

The damage caused by asbestos exposure can take decades to surface. The plaintiff was diagnosed with mesothelioma in 2006—35 years after her first exposure to Georgia Pacific’s product. She continues to fight the painful disease that experts say will cause great suffering and eventually kill her.

About Baron & Budd, P.C.

For 30 years, the law firm of Baron & Budd, P.C. has championed the rights of people and communities harmed by corporate misconduct. With more than 50 attorneys and offices in California, Texas and Louisiana, Baron & Budd enjoys a national reputation as a leader of the plaintiffs’ bar. The firm represents individuals with mesothelioma and other diseases caused by asbestos and other toxic substances and unsafe pharmaceuticals; water authorities seeking clean-up costs for drinking water contamination; securities investors defrauded by corporate wrongdoing; and consumers in class actions.

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Profiles to List Under

Russell W. Budd

John Langdoc

Roger E. Gold

Baron & Budd opposes use of the controversial "Wet Method" to demolish an asbestos-contaminated building in Fort Worth

enarh — Tue, 6 May 2008 08:45:56 -0700

Release Date

December 11, 2007

Summary

Baron & Budd is working with Public Justice and other concerned lawyers and citizens to oppose a plan by the City of Fort Worth along with the EPA to use the experimental "Wet Method," also called the Alternative Asbestos Control Method or AACM, to demolish an asbestos-containing building in a Fort Worth residential neighborhood.

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The "Wet Method" is a proposed alternative means of demolishing an asbestos-contaminated building without first removing the asbestos materials from it. Instead, the building will be sprayed with a foaming material to try to minimize dust during the demolition and the building will be knocked down. The debris will all have to be disposed of as "asbestos-containing" material and the surface of the ground beneath removed to minimize remaining asbestos contamination.

This method is much cheaper than the traditional and accepted method of removing asbestos before demolition, but many public health officials believe that it releases more asbestos fibers that the traditional method and creates a greater risk to public health. Even very low levels of exposure to asbestos increases the risk of mesothelioma, a painful and incurable cancer that attacks the lining of the lungs, heart or abdomen. Although the EPA stated after its first test of the wet method that the amount of asbestos released was not a health concern, which prompted reviewing scientists to express concern about "a research bias or hidden agenda" on the part of the EPA. The results of a second test, also in an unpopulated area, are still being reviewed and a final report has not been issued.

The EPA admits that it has not done a health risk assessment of the "Wet Method," but officials insist that it is safe--even in this heavily-occupied neighborhood. The demolition, now scheduled for Thursday, December 13, would be the first test of the method in a residential area.

Baron & Budd attorney Ben DuBose, along with Jim Heckler of Public Justice and Dallas-area attorney Scott Frost have questioned the EPA about this dangerous "experiment" in a densely-populated urban neighborhood. And receiving no answer, they have petitioned the EPA to abandon the demolition plan. They have also worked with Fort Worth area residents and public media to draw attention to the risks.

"We believe this plan puts the public at risk, we know the harm that asbestos exposure can cause, and we are committed to raising awareness and challenging the City and the EPA to defend this plan," says Ben DuBose about the firm's involvement.

This story from The Fort Worth Star Telegram provides additional background about the plan.

Video

Related Stories:

Experimental demolition plan causes some concern (www.star-telegram.com)

Group protests Fort Worth's asbestos removal method (www.dallasnews.com)

FW, EPA test of asbestos removal method draws safety concerns (www.dallasnews.com)

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Ben K. DuBose

Dr. David J. Sugarbaker, Founder of the International Mesothelioma Program (IMP), Special Guest at Baron & Budd Staff Event

enarh — Tue, 6 May 2008 09:39:43 -0700

Release Date

November 30, 2007

Summary

David J. Sugarbaker, M.D., renowned thoracic surgeon and the founder of the International Mesothelioma Program (IMP), will be a special guest at a luncheon hosted by the law firm of Baron & Budd, P.C.. Dr. Sugarbaker founded the International Pleural Mesothelioma Program as a response to the growing incidence of mesothelioma, a disease caused by asbestos exposure. Baron & Budd serves on the executive advisory board of the International Pleural Mesothelioma Program and donated the funding for the design, development, and hosting of the IMP website, www.impmeso.org.

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David J. Sugarbaker, M.D., renowned thoracic surgeon and the founder of the International Mesothelioma Program (IMP), will be a special guest at a luncheon today hosted by the law firm of Baron & Budd, P.C.. Dr. Sugarbaker founded the International Pleural Mesothelioma Program as a response to the growing incidence of mesothelioma, a disease caused by asbestos exposure. Baron & Budd serves on the executive advisory board of the International Pleural Mesothelioma Program and donated the funding for the design, development, and hosting of the IMP website, www.impmeso.org

Recognizing that a cure for mesothelioma can only result from a collaborative effort of committed professionals, the International Pleural Mesothelioma Program includes some of the finest surgeons, oncologists, pathologists, radiologists, pulmonologists, researchers, and medical and social science professionals from Brigham & Women’s Hospital, Harvard Medical School, and Dana-Farber Cancer Institute. The goal of the program is to offer potentially curative therapy to patients with malignant pleural mesothelioma (MPM).

Dr. Sugarbaker will speak to Baron & Budd attorneys and staff about recent advances made by the IMP program in treating mesothelioma. "The International Pleural Mesothelioma Program is one of the most highly-respected mesothelioma research and treatment programs in the country," said Russell Budd, managing shareholder of Baron & Budd. "We are incredibly honored to have Dr. Sugarbaker as our guest today."

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Baron & Budd, P.C., Announces Substantial Verdict Against Union Carbide, Hexion in Texas Asbestos Lawsuit

enarh — Tue, 6 May 2008 09:44:16 -0700

Release Date

November 26, 2007

Summary

The law firm of Baron & Budd, P.C., is announcing a substantial verdict handed down today in an asbestos lawsuit on behalf of an 73-year-old pipefitter from Texas City and his wife of more than 50 years.

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The verdict in Judge John Ellisor’s 122nd District Court in Galveston includes compensatory damages against Houston-based Union Carbide Corp. and Columbus, Ohio-based Hexion Specialty Chemicals Inc. and punitive damages against Hexion.

Baron & Budd attorneys Denyse Finn Clancy, Russell W. Budd and Jed Borghei represented the plaintiffs.

“I’m very proud of our work on behalf of our clients,” says Mr. Budd. “These companies knowingly exposed workers to dangerous asbestos, which caused our client to develop the cancer mesothelioma. While we can’t undo the harm they caused, we can hold them accountable.”

The plaintiff was exposed to asbestos while working as a pipefitter in the 1950s and 1960s. Evidence in the two-week trial showed that the dangers of asbestos exposure have been widely known since the early 1900s, but the defendants continued to expose workers to dangerous asbestos products.

Hexion owned the chemical plant where the plaintiff worked from 1957-1964. He also worked at a Union Carbide facility.

The damage caused by asbestos exposure can take decades to surface. The plaintiff in this case was diagnosed nearly 50 years after he began working as a pipefitter. He continues to fight his disease from his home in Thibodaux, La.

About Baron & Budd, P.C.

For 30 years, the law firm of Baron & Budd, P.C. has championed the rights of people and communities harmed by corporate misconduct. With more than 50 attorneys and offices in California, Texas and Louisiana, Baron & Budd enjoys a national reputation as a leader of the plaintiffs’ bar. The firm represents individuals with mesothelioma and other diseases caused by asbestos; leukemia caused by benzene; injuries caused by other toxic substances and unsafe pharmaceuticals; water authorities seeking clean-up costs for drinking water contamination; securities investors defrauded by corporate wrongdoing; and consumers in class actions.

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Russell W. Budd

Denyse Finn Clancy

Jed Borghei

Baron & Budd, P.C., Announces Substantial Settlement in California Asbestos Lawsuit

enarh — Tue, 6 May 2008 09:50:30 -0700

Release Date

November 5, 2007

Summary

SAN FRANCISCO -- The law firm of Baron & Budd, P.C., is announcing a substantial settlement in an asbestos exposure lawsuit filed on behalf of an 81-year-old man who worked in the San Francisco area. The settlement was reached a day before the jury would have determined the fate of the defendants, all asbestos joint compound companies.

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Attorneys John Langdoc and Eric Brown from Baron & Budd represented the plaintiff. The final settlement was reached after two weeks of trial in Judge Thomas Mellon's courtroom in San Francisco.

The defendants in this trial were: Bondex, Kaiser-Gypsum, Hamilton Materials, and Kelly Moore.

"Eric, John and our entire trial team worked incredibly hard to find and interview witnesses; obtain access to internal corporate files which showed these companies knew their products could cause cancer and chose to keep selling them; and trace our client’s Lujan's career working in the construction of over 100 buildings around these products. In the end the investigation uncovered that our client had been exposed to asbestos, a known carcinogen, in the form of joint compound, for over 15 years while working in the construction industry," says Russell W. Budd, managing partner of Baron & Budd.

In addition to uncovering that the plaintiff had been exposed to asbestos from these companies' joint compounds, the Baron & Budd trial team also presented evidence that the companies were told by the U.S. government that working for only four days around joint compounds would result in an unreasonable risk of cancer to workers, and that it has been known for decades that there is no safe level of exposure to asbestos.

Just months before he was diagnosed with mesothelioma, his doctors noted that the plaintiff was in excellent health. When his doctors informed him that his mesothelioma was caused by asbestos, he initially had no idea that his work as a carpenter and construction worker had exposed him to dangerous materials.

"Our client’s family is appreciative of all the hard work put in by the Baron & Budd team to uncover what products were responsible for his asbestos cancer," says John Langdoc.

The effects of asbestos exposure, including the onset of diseases like mesothelioma and other asbestos cancers, can take decades to surface. Nearly forty years passed before the plaintiff began exhibiting symptoms of mesothelioma. He is currently fighting the cancer from his home in the San Francisco area.

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Eric Brown