ASBESTOS RULING NOT GOOD FOR WORKERS
Asbestos
can be a painful product when it settles in the lungs of workers and others who
have been exposed to these microscopic fibers. Health problems associated with exposure include lung cancer
(particularly if the person smoked cigarettes), asbestosis (progressive and
sometimes fatal disease that destroys the lungs’ ability to absorb oxygen) and
mesothelioma, a rare and painful cancer (only occurs as a result of asbestos
exposure) and other pulmonary problems.
Prior to
the discontinued use of asbestos, extensively for fire retardant and
insulation, workers in the building trades suffered massive exposure with
anecdotal stories of workers talking about toiling in conditions where the
asbestos “flowed like snow.”
Class action suits have been filed across the
country on behalf of workers, their spouses who did their laundry and even
residents of communities which suffered massive exposure to asbestos.
Some companies have settled the lawsuits with plaintiffs, but one of the
largest, W.R. Grace and Co., which manufactures chemicals and construction
materials hasn’t and faces 325,000 lawsuits with an estimated $6 billion in
claims. Facing such a huge
potential liability, the company and 61 domestic subsidiaries filed for Chapter
11 bankruptcy in April of 2001.
Grace subsequently filed to have the bankruptcy judge issue a ruling on
the legitimacy of the pending asbestos-related lawsuits. In January of 2008 testimony began
before Judge Judith Fitzgerald of the U.S. Bankruptcy Court, District of
Delaware
Grace claims many of the lawsuits resulted from
mass asbestos screenings and are therefore not legitimate. Judge Fitzgerald has already allowed
the company to introduce testimony claiming the diseases were “over diagnosed.”
Judge Fitzgerald will not rule on the
individual claims as valid or invalid, but the judge in bankruptcy cases does
rule on what liabilities the company faces.
The unusual move by Grace could potentially
affect all existing asbestos and product liability lawsuits as it breaks new legal
ground. Attorneys say no one
disputes a personal injury claimant has a right to a jury trial, but if Grace
succeeds in its attempts to have many of the claims dismissed, this will be the
first time a claimant has not gotten a jury trial without their consent. (A
claimant can waive the right to a jury trial.)
Judge Fitzgerald is expected to issue her
ruling in May of 2008 so watch for further information.
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