Accutane Class Action

Elbert County in Denver, CO has a unique asbestos abatement project to tackle – that of a public landfill and trash compactor site. The site has historically been used to dispose of roofing and building materials, much of which was from before the mid 1970’s when buildings were routinely constructed with an abundance of asbestos. The landfill has been the primary dumping site for such rubbish but then it is compacted into bundles and shipped off to another landfill.

Concern about asbestos at the site arose when a backhoe company began excavating the grounds in preparation to remove an old missile silo. Local residents in the area called in complaints to authorities that contaminants were being spread by the excavation. Subsequent soil tests and tests to the debris at the landfill showed the presence of asbestos. No charges were filed because the asbestos had not yet gone airborne, but rather was contained to the landfill site.

Upon learning of the presence of asbestos among other environmental contaminants, the excavating was ceased and the area was covered, pending professional asbestos abatement services.

Cory Stark, director of Elbert County Emergency Management determined that the backhoe company, Backhoe Services, was operating without having tested the soil first and without a formal contract with the city. As reported by the Denver Post, Backhoe Services could not be reached for comment.

Stark asserts that there has been no danger to local residents so far as the toxins have been contained. Still, local residents have remained cautious and concerned. They are now taking their trash and debris to an alternate dump site.

Asbestos diseases such as lung cancer, asbestosis, and mesotheliomaare the unfortunate result of asbestos exposure. If you have been diagnosed with an asbestos-related disease, contact a mesothelioma lawyer at Sokolove Law today for a free consultation.

Asbestos

Only now, three full years after her conviction, is she finally sentenced, the woman responsible for endangering hundreds of illegal asbestos workers and innumerable members of New England communities. Albania DeLeon’s punishment is largely financial. She was ordered to pay $1.2 million restitution to the Internal Revenue Service (IRS) and $370,000 restitution to AIM Insurance. Her prison sentence is a mere seven years, with three years of probation after her release. That seems mild compared to the death sentence handed down by most asbestos related illnesses, includingasbestosis, mesothelioma and other malignant cancers.

Here’s a crime that makes identity theft look gentle in comparison. Most of DeLeon’s customers were illegal immigrants who, rather than obtain fake documents from underground agencies specializing in identity theft, chose to bypass that step and go straight to a skilled trade.

Forget fake drivers licenses, how about fake asbestos abatement certifications? The place to buy those in Massachusetts, which thrived for six long years, closed up shop in 2007 when its owner, Albania DeLeon, was exposed and arrested. She had been selling certificates to people and placing them in jobs where they were supposed to be trained to perform asbestos abatement services, except they weren’t. The workers didn’t have to undergo training at DeLeon’s school, they just had to pay an extra $50 to bypass the federally-mandated 32-hour program and get the certificate.

The closing of the long-lived fraudulent Massachusetts school for asbestos removal training and certification was a high profile story back in 2007 when it happened. It was an even bigger story in 2008 when DeLeon fled the country after being charged with dozens of felonies. She sawed off the monitor locked around her ankle, abandoned her three-year-old child and disappeared. That should teach the feds not to merely house arrest someone who’s destined to be the first woman ever placed on the EPA’s most wanted fugitives list.

As reported by the Boston Globe in 2009, DeLeon wrote a three page letter to US District Court Judge Nathaniel M. Gorton, part of which read: “I pray that God will forgive my soul and allow me to atone the rest of my life repaying and repairing the harm I have done. This is my solemn promise.” Although a prayer for forgiveness is not a solemn promise, one might gather from the letter that DeLeon sincerely wished to amend her wrongs. Unfortunately not. She fled the country. Nineteen months later, on October 30, 2010, DeLeon was arrested again in the Dominican Republic. Her actual sentencing took a while because the sincerely remorseful DeLeon secured herself a better lawyer for the hearing.

Although Cynthia Giles, the assistant administrator for EPA’s Office of Enforcement and Compliance says that “justice was served” in this case, we disagree. Sure, DeLeon was ordered to pay back the IRS and an insurance company for fraudulent tax return filings and claims, but the real loss occurred when more than 2,000 untrained, illegally certified asbestos workers were exposed to carcinogenic asbestos fibers or silicate minerals while unsafely removing asbestos from hundreds of New England schools, hospitals, churches and homes. In addition to the illegally certified asbestos workers, nobody knows how many children and other innocent members of the community were also exposed to asbestos fibers during these projects.

If you were exposed to asbestos and subsequently diagnosed with mesothelioma, contact a mesothelioma attorney. If you have any questions about the details ofasbestos law and what is required to pursue a settlement, check out the information available on the Sokolove Law website as well as this Asbestos Resource website.

Asbestos

It may have occurred across the pond in London, but it is still always good to hear about successful childbirth injury lawsuits resulting in a settlement that will benefit those who have been harmed.

In the South London suburb of Tooting in 2004, Leo Whiten was born at St. George’s Hospital with cerebral palsy that was caused by a deprivation of oxygen that stemmed from doctors’ failure to perform a caesarean section birth when it was necessary.

Following the birth, the Whitens pursued a lawsuit against the hospital. In 2006, St. George’s Healthcare NHS Trust admitted that Leo’s injuries could have been prevented if appropriate action had been taken at the right time. The Whitens eventually won the lawsuit, gaining a £2.7 million (or approximately $4.4 million) settlement in the process.

“Leo is a delightful little boy but the injuries he suffered at birth mean that he will never be able to lead an independent life or work for a living. We are pleased to have been able to secure an award which will provide sufficient funds to ensure Leo can obtain the treatment and care he needs to give him the best possible quality of life both now and in the future,” said Tom Cook, the family’s solicitor.

Leo’s mother, Samantha Whiten, added that she had been worried about how her son’s cerebral palsy would be cared for properly in the years to come. However, she said that money from the settlement would help ensure that Leo will always be able to afford the best care possible.

“Like many parents who have a child with severe cerebral palsy our greatest long-term worry is how he will be cared for when we are no longer able to do this ourselves,” she said. “This settlement gives us the security of knowing that there will be funds available to pay for his care for the rest of his life.”

It’s good to see the Whitens have gotten justice for the birth injury that will affect their child for the rest of his life. If you or a loved one have a child who has cerebral palsy after suffering a birth injury, taking legal action may help you secure a similar monetary settlement. Speak to acerebral palsy attorney at Sokolove Law today to learn about any legal options regarding a birth injury lawsuit that may be available to you.

Cerebral Palsy

Rainy weather in Reading, Ohio, has lead to the closing of an elementary school so the building’s asbestos-laden roof can be properly and safely repaired following some water damage.

According to local television station FOX 19, Hilltop Elementary School closed last week so workers could get to the building’s roof to reinforce 35 square feet of weakened plaster that is known to contain asbestos. The plaster roofing was weakened during heavy rains that had hit the area during the week.

In order to prevent asbestos fibers from falling into the school during the construction, some workers remained inside to monitor the building and make sure conditions were safe for students to return the following week.

“Technically they don’t have to follow the EPA regulations,” said Bradley Miller with the Hamilton County Department of Environmental Services. “But the contractor has agreed to do everything in the US EPA regulations by wetting the material, placing it in bags in a wetted condition and then take it to an approved landfill for disposal.”

For those who have been diagnosed with mesothelioma cancer that can be linked to asbestos exposure caused by a product or former employer, you may be entitled to financial compensation. Contact an experienced mesothelioma attorney to learn more about your rights, and to see if pursuing a mesothelioma settlement is in your best interest.

Asbestos

The removal and disposal of asbestos used as a building material is a dangerous, expensive and highly technical process. Contractors who work with the deadly substance usually need to hold a license from the state and require specialized equipment and safety precautions before undertaking any asbestos-related job. If proper procedures are not followed when working with asbestos, not only can there be significant health consequences for the workers, but the contractors also can be liable for significant financial penalties.

In Gibbstown, N.J., local contractor Lovett Contracting is facing legal action and potentially stiff fines from the United States Environmental Protection Agency (EPA) as a result of the alleged improper clean-up and removal of asbestos-containing materials used in a former DuPont Chemical gunpowder plant. The lawsuit alleges Lovett was in violation of the federal Clean Air Act and the National Emission Standard for Hazardous Air Pollutants regarding asbestos. The EPA is seeking $32,000 per day and per violation as well as court costs, which can ultimately amount to hundreds of thousands of dollars of violations for the contractor.

According to The Gloucester County Times, the EPA allegations listed six violations, including failure to take required precautions in demolishing or removing about 5,000 feet of piping and 3,000 feet of pipe insulation with dangerous amounts of asbestos that could be exposed to the air. Once airborne, the asbestos becomes a hazard to employees and the local community alike.

While the contractor had no comment to local media, EPA spokesman Elias Rodriguez said, “Asbestos is a known carcinogen, and inhalation of asbestos fibers can cause serious health risks.” He noted, “Using water and equipment such as glove bags and other containment measures prevents the release of asbestos fibers and minimizes the chance of exposure.”

However, high government penalties will not save the lives currently in peril because of this added risk of developing asbestos-related cancers. All these fines can do is punish the offenders. They can not take away the pain, suffering and struggle manymesothelioma and asbestosis victims face on a regular basis. Workers are regularly put at risk during these massive asbestos clean-up projects, with little upfront protection.

Isn’t it time to ban this deadly substance? Join us and help us ban asbestos now.

Asbestos

As reported by Associated Press, those who have lived in the town of Libby, MT for the last few decades have seen around 400 people die and an additional 1,750 suffer from asbestos-related diseases like mesothelioma cancer and asbestosis.  Emotions and anxiety ran high recently when it was discovered the struggle is not yet over.  This week, it was revealed that two giant piles of bark and wood chips that have sat on the edge of town for years are contaminated with an unknown level of asbestos.  Residents have been helping themselves to truckload after truckload of the material to place in yards, city parks, outside school and at the local cemetery.  No one ever told them the piles may be filled with the toxin that has killed so many of the people they loved.

An AP investigation found that the federal government has known for at least three years that the wood piles contained asbestos, but they did not know the level of contamination.  EPA documents show that in 2007, 20 samples were taken from the pile, four of which showed potentially dangerous asbestos fibers.  The piles came from a now-defunct timber mill that took thousands of trees from a forest affected by asbestos from a nearby mine.

The potential for more contamination has frayed nerves in the town of 3,000 people and further eroded confidence in the government to clean up the mess. Resident Lerah Parker, who has spread truckloads of the material around her property, worries, “We thought we were coming to an end and now we have this issue all over again.” Residents are justified to feel concerned about the public health of their town.  Asbestos is one of the only causes of mesothelioma and, unfortunately, themesothelioma life expectancy can be grim.

Residents aren’t the only ones scrambling at this time. The EPA is now trying to gauge the public health risk and is preparing to issue guidelines about how residents should handle the wood, including warnings not to move or work with the material when it’s dry to avoid stirring up asbestos.  But the agency has decided it won’t track down where the chips went, saying it no longer has jurisdiction because the material is now classified as a commercial product.

Libby has fought an uphill battle against asbestos for many years.  This is not a resting point.  They must continue leading the fight for an asbestos-free country.

Asbestos

An electrical engineer from California has taken utilized his technical know-how and created a “FrankenKindle” to help his sister who suffers from cerebral palsy.

Using a “hacked” Kindle eBook reader, six large buttons taken from a V.Reader childrens’ eBook device, a few planks of wood, and an array of wiring and circuitry, Glenn from Santa Cruz, California, was able tofashion together a device for his sister, who suffered the birth injury and now has difficulty with basic motor functions.

In order to accommodate her limited motor functions, the larger buttons from the V.Reader are rewired to perform the basic commands on the Kindle and allow her to read books. Everything is connected through a series of circuits that are housed behind the Kindle in wood casing.

Glenn currently has assigned functions to all six of the V.Reader buttons. He added in a YouTube video that he was thinking of adding new function buttons during “later revisions” to the device in the future.

While Glenn only made the device for his sister and makes no mention of producing more versions of it, his story does show the great lengths that some families must go to in order to make life easier for loved ones suffering from cerebral palsy.

If you would like to pursue a potential birth injury lawsuit in order to receive a financial settlement that could fund medical costs for your loved one, contact a cerebral palsy lawyer at Sokolove Law today to learn about your legal options.

Birth Injury

A Massachusetts family has been awarded more than $7 million following a lawsuit against the medical staff who they claim did not properly care for their prematurely born child who ended up passing away due to a preventable condition.

According to Boston.com, Danielle and John Bellerose brought the lawsuit against the medical team that tended to the birth of their daughter Katherine at Beth Israel Deaconess Medical Center on June 13, 2004. Katherine was born two months premature and quickly began experiencing health problems and was put in neonatal intensive care.

However, as Katherine’s condition worsened, the team allegedly took too long to diagnose that her bowels had become perforated.

Following an unsuccessful surgery to prevent her intestinal tissues from failing, Katherine passed away on June 21, 2004.

In the lawsuit from the Bellerose family that followed, jurors found that Dr. Janet Lloyd and nurse practitioner Michele Ambrosino were negligent in their care for Katherine and did not treat her appropriately. Jurors awarded Danielle and John $3.5 million each, as well as $50,000 for suffering Katherine experienced before her death.

“By all accounts [Katherine] should have progressed on just like her sister and should have gone on to live a normal life,” said William Thompson, the Bellerose’s attorney. “She lived eight days.”

If you or a loved one have given birth to a child that suffered birth complications that either led to death or permanent injury, there may be legal options worth pursuing. Contact a birth injury attorney at Sokolove Law today to learn more about what types of lawsuit you may be able to bring against the doctors that caused the birth injury.

Birth Injury

Yet another notable public figure has passed away from mesothelioma.

Seventy-year-old Frank Bender, a well-known forensic sculptor (or “recomposer of the dead” as he came to be known) passed away from mesothelioma in July after battling the deadly asbestos disease for nearly two years.

Bender became well known throughout the U.S. – and attained local fame in Philadelphia where he was born and raised – following his involvement in the case of John List, a N.J. man who disappeared after killing his family in 1971. A Bender-designed bust of List’s head that reflected what he would look like 18 years after the murders that was used in an 1989 episode of “America’s Most Wanted” that resulted in the murderer’s capture and eventual conviction

“In many ways, Frank’s bust of John List really launched “America’s Most Wanted” into a national force for catching fugitives,” said John Walsh, host of the television show, in 2009, according to the Philadelphia Inquirer. “Whenever I get the tough cases, I call Frank.”

Bender likely suffered the asbestos exposure that led to his mesothelioma diagnosis during his years working in the engine room of a navy ship before he began his career as a forensic sculptor.

Bender joins a group of notable public figures who have passed away from mesothelioma, including NFL Hall of Famer Merlin Olsen, Olympic gold medalist Terrence McCann, musician Warren Zevon, actor Steve McQueen, architect Paul Rudolph, and band manager Malcolm McLaren.

Navy veterans who previously worked in naval bases and have now been diagnosed with mesothelioma may be able to bring a mesothelioma lawsuit against companies who manufactured or sold asbestos products that were used on the ships. Contact amesothelioma lawyer in order to learn more about asbestos law and find out if you or a loved one may be able to receive an asbestos settlement.

Mesothelioma

The Food and Drug Administration (FDA) has been hit with a lawsuit alleging it failed to turn over documents regarding the use and distribution of the morning sickness drug thalidomide despite repeated requests by attorneys who have filed a birth injury lawsuitagainst the companies involved with the drug.

Law360 (subscription required) reports the FDA is being sued for allegedly violating the Freedom of Information Act by failing to fulfill requests for records pertaining to a case against GlaxoSmithKline PLC and other drug companies. The underlying birth injury lawsuit alleges GlaxoSmithKline and other defendants withheld evidence proving that the morning sickness drug caused birth defects. The complaint, filed on behalf of 13 people who were born with severe birth defects, also claims thalidomide was distributed to more than 20,000 people by Smith Kline & French (the predecessor GlaxoSmithKline) despite the fact that the drug never received FDA approval.

If you or a loved one have been affected by medical negligence during the birth of a child, you may want to speak to a birth injury attorney about filing a birth injury lawsuit.

Birth Defects