Two New Asbestos Suits Filed in West Virginia
July 26th, 2008
Two new asbestos-related lawsuits filed in West Virginia in June name more than 100 defendants between them.
The first was filed by Mary Kathryn Black on behalf of the estate of her deceased husband, Steve Black. The second was filed on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison. Both lawsuits were filed in Kanawha County Circuit Court on June 6.
Mary Kathryn Black, the widow of steelworker Steve Black, claims that her husband died as a result of asbestos exposure which caused him to develop lung cancer and esophageal cancer.
Steve Black worked for companies such as Armco Steel. Other defendants in the suit include six corporations which reside in West Virginia: McJunkin Corporation, Ohio Valley Insulating, State Electric Supply, Union Boiler Company, Vimasco Corporation and West Virginia Electric Supply.
The suit alleges that Steve Black developed asbestos-related cancers as a result of working for companies involved in the manufacture, distribution, sale, installation, and removal of products containing asbestos.
According to the lawsuit, Steve Black’s lifespan and enjoyment of life was greatly diminished as a result of his asbestos exposure. His widow, Mary Kathryn Black, is seeking compensatory and punitive damages.
The second lawsuit was filed on June 6 on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison.
The lawsuit names a total of 79 different defendant companies, and claims that the defendants are responsible for Joseph M. Hutchison III having developed asbestosis and mesothelioma.
Joseph Hutchison worked in South Charleston as a laborer, and was employed with Union Carbide. Hutchison was also student and faculty member of West Virginia University.
The lawsuit claims that Joseph Hutchison was exposed to asbestos while working with and around products in use at sites where he was employed. The sites were located in and across West Virginia.
The suit includes fifteen counts, relating to the financial, physical, and emotional losses suffered by both Joseph and Ann Hutchinson. They are seeking compensatory and punitive damages for their losses.
[Note. Joseph Hutchinson died July 26th in Morgantown, as shown in the Obituary below. He was a leader in the founding of the National Youth Science Camp, held each year at Bartow in West Virginia. For the National Youth Science Camp, see the following: http://www.nysc.org/ ]
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Mass Asbestos Lawsuit Dismissal in West Virginia
July 18th, 2008
A mass dismissal of asbestos-related lawsuits in West Virginia has left many plaintiffs dismayed over the decision. People suffering from asbestos-related diseases such as asbestosis and mesothelioma must now wait much longer for their day in court.
The West Virginia Supreme Court of Appeals this week dismissed more than one thousand asbestos-related lawsuits laid by railroad workers against the companies they once worked for.
The more than one thousand plaintiffs had filed lawsuits against their employees, CSX Transportation and Norfolk Southern.
Previously, Circuit Judge Arthur Recht of Wheeling had dismissed the lawsuits. Following an appeal by plaintiffs, the West Virginia Supreme Court of Appeals upheld Circuit Judge Arthur Recht’s decision to dismiss all one thousand suits.
In upholding the decision, the Supreme Court of Appeals has rejected a plea that the United States Constitution provides every American with the right to sue in West Virginia, regardless of whether or not they have a real connection to the state.
In West Virginia, as in many other states, a plaintiff can file a lawsuit even if they live out of state. To do so, however, they must be able to show that either a plaintiff or a defendant in the case has some type of connection to West Virginia.
The Court chose to ignore a 2006 decision known as Morris vs. Crown Equipment, which had granted West Virginia jurisdiction to a dispute which originated in another state. The Court says that this decision did not apply because in the Morris case, one of the defendants was a West Virginia corporation.
The claims were filed under the Federal Employers Liability Act, which applies to railroad and some other types of workers, regardless of where they live.
After the suits had been filed, the Supreme Court of Appeals consolidated them into the Kanawha County Circuit Court, and assigned them all to Judge Recht.
The railway companies had already asked for a move to dismiss the cases while the Supreme Court of Appeals was discussing whether or not the plaintiffs could file their suits in West Virginia. Judge Recht then granted the defendants’ motion, saying that the Morris case was not applicable, and that the railroad workers could not file suit in West Virginia.
The plaintiffs’ appeal was subsequently rejected, and now all one thousand cases have been freed and may be tried in other state courts.
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ALA Report finds Deaths from Lung Disease Increasing
July 26th, 2008
The latest report from the American Lung Association, entitled Lung Disease Data, indicates that death rates due to lung disease are on the increase, and death rates due to other leading causes of death, such as cancer, heart disease, and stroke, are decreasing.
The American Lung Association publishes the Lung Disease Data report periodically to provide a resource with information about information about lung disease trends in the United States for the media, healthcare professionals, researchers, patients, and the public.
The report indicates that lung disease rates are increasing so rapidly that chronic obstructive pulmonary disease may be the third leading cause of death as early as 2020.
Lung diseases include any diseases or disorders in which impairment of lung function is an effect or result of the condition. Lung diseases may be caused by cigarette smoking, exposure to smoke, air pollution, and exposure to occupational hazards such as asbestos and silica dusts.
Bernadette Toomey, President and CEO of the American Lung Association, says, “Every year, about 400,000 Americans die from lung disease. With our report, Lung Disease Data, we hope to provide valuable information on lung disease to the public, especially to people who become ill and their family members who are caring for them.”
Types of lung disease covered in the ALA report data include the following:
• Obstructive lung diseases such as chronic obstructive pulmonary disease and
asthma, as well as chronic bronchitis and emphysema. All of these diseases
affect the person’s airways, and limit or block the flow of air in or out of the
lungs.
• Lung cancer, caused by uncontrolled growth of abnormal lung cells.
Lung cancer may be caused by a variety of factors, including cigarette smoking
and exposure to asbestos.
• Infectious diseases such as influenza, pneumonia,
respiratory syncytial virus, and tuberculosis, caused by viruses or bacteria
which can affect both lung tissue and the membrane which surrounds, protects,
and supports the lungs.
• Respiratory failure, pulmonary edema, pulmonary
embolism and pulmonary hy-pertension. These diseases are caused by problems with
gas exchange and blood flow in the lungs.
• Pulmonary fibrosis and
sarcoidosis. These diseases are characterized by stiffen¬ing and scarring of the
lungs, which prevents normal lung function.
• Occupational diseases, such as
mesothelioma and asbestosis, caused by expo¬sure to hazardous substances such as
asbestos and silica dust. These occupational diseases have no other known causes
apart from exposure to inhalable toxic dusts.
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Source of above three entries: http://www.asbestos-post.com/
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Submitted by: Duane Nichols, Ph.D., President of CLEAR [Cheat Lake Environment & Recreation Assn.]
and Spokesperson for MonValley Clean Air Coalition [MVCAC],
Address: 330 Dream Catcher Circle, Morgantown, WV 26508
Phone: 304-599-8040
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OBITUARY FOR JOSEPH HUTCHINSON