Document DDvy9br8E9Z5GkNENdXK5EgN4
FILE NAME Newspaper & Magazine Articles NMA
DATE 1970
DOC NMA162
DOCUMENT DESCRIPTION Trial Lawyers Forum - Death and Injury from
Inhalation of Asbestos Dust
iea.
ow
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Wwe.
DEATH
'
AND
AND
INJURY from inhalation asbestos INJURY
inhalation inhalation
.
of
dust t
esanam .
Oem
,, - by
1
.
WARD STEPHENSON
te
; Orange
ees
. . .
em
Asbe is s an it nsio dios us di ises ase the victims
ate
tema
of whicrc y ohut for help from membevictimr s vis ctims ete
bar and the medica profession as well
*
Rewme
been
| a
cor
toy
-,
severmibis serribly disabling often fatal which
oe, po i in a sly way
., : ;
comes about gradually and inually 3 ' manii mi^>mi^> sou ty toryrrry Jeers Ereevee ew aro aad
"oe
.
.
h virtually posure Asbestos once innaled is
destructible
continues
un-
-
a
ad
i
we
.
mes fae destructible and
to cause reaction for
the balance of one's lifetime
ot
20 Albermis ^ caused by the inhalation of as- 2is:
bestos chat and fibers The disease has been t.
mye
extensively studied beginning in the late 1800's
wes
and continuing so is highest point of study at i
the present time
r .
og
aesvs
~ 3
*
.
Ohare . Asbestos is mined principally in Canada and
ud
in South Africa and it is a variety of mineral
.
+
having its origin millions of year ago is the
carch's interior It has difiunt industrie and
.
; commercial use and it in
that estimated
asbestos
mre
is used in over 3,000 produco ranging from the
.
J
Or
saac come of a missile brake linings for suie-
mobim ironing board
sained to 900 they then become objects ain-
covers draperica inaula-
finite life
.
my 4
. -
tion and many wher things can be mony
It
woven into ciuin and can withstand high heat
emperatures 11 ^ visually and miruesible k
sunnot be frozen or burned unitas the temper
ture gets to approx 90i 0 m or a moc reOncey
asbestos fiban are in the Auming undly dum Once their indestructibility and due to the fact of
cou thatcthh e be ody temperate fact of -
BP Rts MAY NING LAPO
e
It has been estimated that approximucz ya
million individual fibrils of chrysacile mbesta
caa lic side in a lineal inch whetRAS
only approximately 3,800 glass fibers of od^ human hairs can be aligned in the fibers od^
in the early 1900's 300 tons of asnennen was
It now encimased however that ver ^milline sere a year are encimased Vin the Uniond
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1967 STEPHENSON WAKD
eranoee + LLA inque in 1943
Amemberthe American Southem Astupiga Khammerzity SIor A
the
Oram
County
inalAsciation
in
1955
1953 or
or theAmerican inal Sachs 2.
Law
American
Law
Aurmsoner
ee the
Promont Sachs Sachs Teat gnition Ses- Juracion Fentotes, sper dama si
Leber Low
Men. Stony Ber of Tress practers in Oronge,
.
:
States and that sotal world output is over four a
is
million tons year nor to be unexpected therefore that exposure to ashesins among pro-
imsional workers and laymen alike is very sap
idly increasing There does not appear be any
direct relatiominip between the length of any for not devising safe techniques for application posure and the severity
It
and imgoied warranties and that no warnings
were given workers of the dangerous mature of
the primiucts as well as the failure to devise a
safe metinal of handling their products Our
gnition was that the existence of this discase
.
been known about for
many many years
had been wrimen about extensively for over
fifty years and the states since 1913 had
reco injury occupational mited the diseme
_
as
compensable
compensable
+
that the manufacturers of the
imulating *
products wed by the pizinui knew of the nis- ease and knew that their products contained
| anbesens and thar ashestos could creme the dis-
ease asbestinis We further contend that the
| manufacturers were at faude for num umring and
.
'
of products
containing
has been the writer's mervation is Eudy- Medical testimony in the trial was horrifying ing this discasc unui working mervation asbestosis cases to say the least patient with this disease un for a period of approximately seven years that
a major difficulty miss among the medical <
profession in distinguishing asbestatis from oth : monary sufficiency there is little that can be er diseases such as silicosis and emphyseniz
A
in l^>xel~nnodbe expected to tragic death Once a patient
experience a
has reduced
very
pusto
dont even to relieve the pain and
Asbestosis is readily distinguishable by the Pneumonia is great hazard patient has discomfort discomfort akilied physician trained in this fieid from other
diseases ni the lungs and this can he dane
hy ray Asbes ^ usispecuimus ray wika
enable short respitausn tions that
of moj,,amosi CERTALD
If a
pneuwwania and the treating doctor know about the existence of asbesensis
amage of Demerui s^"got very well
respitausn to a parent causing dicatis
does not
a normal
subjun 3 Tim me
punitive diagnosis of oxygen over prolonged period of time A study of the workmen's
workmen's Compemation
mipi Lam of the valinu 2410 vi the Uniteu tales
indicates that beginning with the year 1913
recognized ty So .
nahemosis has been recognized as compensabie ~
*
a
~ asti drink 2018 02 the lungs and in kuin l^>mitteml^>mittem in limbsyon~ s of thi lung injmii
the end result from the patient's virar point is indeed dismal
now on recently and insulating expos expos workman's compensation occupational disease
The principle studies however have concerned
, Evidence was produced on the trial that one
of the
themselves with workers in mines and in
" manufacturers in 1941 constructed a plant
ashes-
to manufacture asbestos insulating materials and .
sos factoric where produers such as insulating | recognizing the serious nature of inhalation
materials have been manufactured til
Only unr
of
the pruniuses and recupimp the mod in de
wn
certainly manimal . -sign a factory which would minimize the
scale has there been any stuuy by the manufac ure of the workers to the inhalation
o the insulating turen of asbestos
allaces
premiumas
misterials of the
dust
designed their saciury with sac idea in mind of
of sus sive sintir
issuiniing
issuiniing wudi 6 reduring the possibility of inhalation of the
en minregcetnhteliyr hparnoddluecdtsin of among their Even in spice of this recognized dat
workers
We
the United States Diar knowledge which was known by the
stict Court a lawsuit on behalf of an asbestos
manage ment of the company and was riengnized hy
insisting worker who had the discase asbes --
stain This
the engineering department in its design of the
case was filed against the principal
plans
by the legal department b
mamufacturers of asbestos imulating materials
cause on occasion workers would
with whose products the plaintiff had plaintiff
worked discast
matfact the
which came within the state Workmen's over a period of approximately weary year So .
far as we have been ahie to tell this is the first
var r^> in hind Our principal remains vi^
danger tommies has but that that that umpihigit na s u
Compensation Act nevertheless the manul turer did not place any warnings on any of the buses of their products indocanny the
part of the manniectura's brouch of expres
;
Costumed on pige 19
18
.
.
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ML LAWYERS FORUM
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TADA
In speed mechanised society such as ours the archaic rule relating'in Mr. Gatterfield
relating'in and his sicad bone should be burned with
them The courts shuuki stop riving a horse that
has been dead for ^,ver
one nundred and fity
years .
The law most grow with the necas of
Let us hope that men of
society
courage and with a
sense of destiny will meet the challenge of our
times and not fit the image ui a failure once
described by Justice Corduro in another com
section but no las applicable here
Judges Judges maren at times to pitiless conclu-
averted sos They deplore the sacrificial rite
They perform it aanetheless with
gaze convinced as they plunge the anije that they say that hiding of their affwe The victim E offered up to the regularity of
justinporamicmit un she aher u^>
regularity
ADITIONAL INFORMATION
big big Com Tour
it a list of selevied readings
fag the public of Courrabatory Negligence concern
public No Comparante ates.
vs.
ne
Comparante egipster
An Illiams
{ Prosciuta
Chiisteral
5 464 F. 19
Apptanal H. Prosciuta Ioh J.
Jr.CaTn R L i Comparsiore Comparsiore degizeme T. F. Lambert -
Q. 1965 Tare What Camerate Negligence and and the
Act M Class Fed
Federal
Tare Claims
B. 26-9 Winter 1986
Comparative
After
Negligence
in
Arian~-c~A-
Beinze
and
Manne Song Song Song Nya Nya } 16-457 Th
DEATH AND INJURY FROM INHALATION
.
OF ASBESTOS DUST
Continued from page 30
of the inhalation of asbestos dani The manu~"k
turer made no das counts in the lacid and
effnooer ffot rt to conduct any studies of say
swaontrkederssiginned to prevent the disease among these the field ming their products After the beginning of our litigation termia of the manufacturers began to place a smal arning sign on noxes of their imulating pred-
cr,which read
ashes- CAUTION This penduct contains
aos fiber ^ nhalationof asbestos in excessive
quantities over long periods of time may be
harmful It dust is created when this
mer is handled avoid breathing the dipsrtodI-f
adequate ventilation control is not
possible wra respirator approved by the ti.s.
Bu
reau of Mines for
pacumar ing dust
soe S A. - New Pe
Chums Maame Law Reviem
Pe Pe
ce
placing Comparative desugence
kaik4 kaik4 1956
am in die the Blassmar~-
Other than
this small warning sign on
M.117 M.117 M.117 M.117 Wan~-1945 M.117 Negligence
certain of the bones iew if any of the
wrei Math 1962
a Payne Pu Adv 6.9
facturess did
manur
Comparative Negligence
vu AIFIQUIer
anything else and have nor come
Negli anything gene 195 | Negligence 126
Semember 194
significant even to this date to prevent
The Ame and Fall of Comparative
contracting dimmiee
Comparative Negligence in the
she w rkenfrom
the disease
Frein min min 1.57.10 1.57.10 Septemer ^"nAaki
lu 239 N.E. 28 304 Fifeet 1+
There is no respirator or breathing device in
Summer
Meissoppi Comparative Negligence
common use
e today Blat
Summer Summer Hi Hi kau
178
bom J.
which will prevent the so
49 imme imme lom is Never Foments
halation of ashesins dust by those wing the
TN . Katumiaviy kagame Casumonar^irja kagame nan slim blonski
wi it manquante Neg F. P. sami jr ALA L. J.
prinkat Kattumiaviy Kattumiaviy in con
k^r^nsi im
1741 on
paroiducis on order su bue
we s Compe
tilata
applied have so be awed
Desgliget tilata tiMlaJta MJ +
~ Merum J.
ca ne Parkwa's Ibu MJ
serihej cut and fisted wire banus have to be
127709 127709 127709
beau }
hammered into
kweantby barabarta spammn^'^
place and ashevies cement
has ia barabarta illimus ti s in CTo.mp3a4r1atSiuvnedbNeergligence Ride
to be posted out of its much into a bucket of
Negligence The
of Savior kal~-n Si
Pe 17614 Negligence susun The Paul L. Nov.
19267
wasee and mixed so that it can be applied by
1964
17614 tear
trowtreowl el All
Fe asbestoosfdust athe tiomef Dese protcheedures Croossfe Irving a
Come Negiverent Negligeme
parause Negiverent
Comitata Comitata and Cre
dust and ych even to date the amnafio
hot that 18 41 h1 artian A 1. Haber WIMBLE WIMBLE
turers have not devised a sa^>c
19
N Comparaa tive CompaLraotiwve vNeigeliwge4 nc6e 4Dh6an3Dhan Willam Willam Pemet 51 1966
cation of their
system of appli
products which would
the inhalation of
prevent
Sammals Sammals Negerme
the
Au Canard Dele
the fibers by the worker
Sammals the Ambers 44 A 11A
1986 1986 1986 1986 a^ vas
Caprine
NA 1997
There exists dirent
Caprine oe
Caprine
Nemind Las Arhdu Prodroma Prank tNegheruce A
length of first
relationship herween the
G Comment Comment terre 139
Mammay 11 274 1984
expumure to the inhalation of
.
Comment
ote A.
Negigence Buie
An Ollase no jum
to
at which
discase
comber 196G5ai5r NY 1. J. 1991 473
asbestosis manifesa imself Studim made by Dr.
Himspital Himspital APRIL MAY JUNE 1379
) Selinoiof Mount Sinai
in
t
.
2 OMe s Cee
oo.
r
rida he
whew
ot,
alms
a
sy
cen
ore
perhaps leading York New York, who .
Pethans te wortd',
who is perhaps the the
.
world's leading leading possibility
authority authority wurkets in^"mates in^"mates
that in those work-
*
ton
insulating wurkets the dust for period
ers exposed sen sucis workers workers
Jung findings 723
abnoraul abnoraul caty
time exposed Jung findings shoomi iung
twenty %
years exposed
hadings
hadings
and
67.3
we
years
for
long abnormal lung
:
There
findings cases a wife
wife have been repont^" cases of chen
whose whose contact with
wife
animescos contained ay
possibility association with ashessos
consultation consultation
that aod tha:
medical consultation
highest highest order otcce oe
and more
with
dicton feri are becoming our our
this disease At time years
2
suglio approximately
ago oc our
found quite
approximately physicians physicians
quite difficult locate elicas
azo,
asbes experienced study study
physicians
asbes- the elicas elicas asbesimis asbesimis
suggest
that the attorney for for bis besiaw
as
Kunals the New Art Pages
Vol Effects
Asbestos
1-766 wy Som
Effects Street Journal . November 3-966,
Gee
1964 Street Journal November
before
Subcommittee Subcommittee 2,
Labor the Committer Committer
Representatives Representatives NLintaiebthor , Hown Representatives Representatives an Representatives Congress Second Session
significantly invoquonly Session e now believes well 14816 ens ot increases significantly
lung cancer well
149-169 149-169 attorneys soudy 71
that
as menthelioma menthelioma has
the shaach
. ume sullers who cur ashestinn is dxygen uarea the quereinan Supreme
sian
~fimimun.isall of which are
Court
Of
cancer
considered
be
s
direct
resuit
of
inhalation
duy There is
indicatorii
5. T umpias munker drvuspod
40% mboro a
drvuspod sis
of
a munker munker drvuspod
a
medical studies that the
:
alkat Summet Summet jour
ous
frum smole cigarettes have
willis suscepubilky
ployment ployment
main
inco- bhcae
62 smole disease
a griste
fus
are jour ytscs THE ene
ing late actior suscepubilky than those who do not
.
when case case
accrues accrues webca webca
to It been
limitation begins
commitsShih s ha is suggested that in future decades *
statutes statutes statutes of limitation - limitation wit When the
defendant Selikuff ublic will he
higher costl^...ltatiomcostl^...ltatiom
subjected the
sadevos fibers Selikuff
the amsociated therewith Drs Spring |
From the disumbsatasntes ssuubbsstatnatenstes discovedr isdicscoovveerr220044-- Of of 1964 in fommuni fommuni oj
fal Association Association article American awlogied
discovery now effects effects asbeton These
are niany amic.c
and
avalibk avalibk
muscu^flmum prosessium prosessium
the subjest Exuumive
studies studies dealing dealing with subjest the
ON alivulure
pertunina pertunina any
America litigasian and even
type litigasian
namitation namitation
with
with
AS
authorities on this subjectsubject With.
medical authorities article article
appeated appeated AD excellens magazine
1965
Yorker
October 1965 written written
For "fun Pasi magazine This article scientific scientific
there must be Paui thorough~ authenticated authenticated authenticated
mature
and recommend
thorough~ interested the
recommend |
wrecking #0 to
subject subject subject begin-
filed whica must point their their sturlie as his office
OME sing point attorney has
remous can neverwuuki operate | che is
is
suffering
frum
frum
lung
disease
disease disease
feel
slut
in
suffering current axdical axdical knowledge
he imperative imperative tha
knowledge fuli
: imperative
suoracy
require trait Second wees vestigation vestigation iam eae?
client fuli
of
the client
440 0 vestigation iam the hhisairysosafrythcleient client $3, Us, wee
WhenWhen
commits his sus,
b wrong the action accrues his
'
&% is
OF
From
States America ing dimas and
d From the time of
From From
the the
ores, cause
Urie bei that the cause
C~o83) the discovery the the
Uric incins chat the
.
United
Of Wilay
United
of America
Wilay
United 251
Wilay Wilay
the 022) 1914 which
acia, But
not wronglui wronglui
megligen memeglgigenligen is not gives
claim
which
be
it
right right Until there certai damage there
damage Masute pre- pre-
claims and in whica
wrecking ~ wrecking
whether whether
sunt
as condici^nof
(3)
Wright poor poor tins
End Wright
as 4 241 F24
Carter Produits Produits
U.S.
Court
Court
Appeals
Appeals
F24 Second
per-
trait 6. 1957. LANTERS LANTERS FORUM
of
i
t a
;
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!
H
Cour TRIAN LANTERS FORUM a0 Gat Mey 4, 1937. TAS was anccopen VR CANTER pone
.
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50cosis
kor kor kor
11 if
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id
jan
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77a
77a
77a
aves
.
oe
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0 eee
ew
'
Cspoiwranntsaciasde involving Afrii The
.
... ... When the inet is onze established
dimuntrati^" dimuntrati^" dimuntrati^"
by experience that a
certain
kay
commuming appliently lum
contains vemurafee dangers and when distri ntedto
the channels of
pohiethrough
trau ina unc^,,for ine
purames for which it was made and
.
so if sure in cause suffering to and
injure the health of some
innocent purchaser even though the
of to percentage arises
injured be at large a muty
and =
responsib ityresis apon
rere
and
with
extent at least of
aming the ignorant consumer * * * Gerki r Bruun & Sebler Co. 1913 177 Mich 45. 60 143 NN.W. 48 52 46 R A. NE 221
4 Title 15. Section 1261 United State Code Annotated defining hazardous substances required to be labeled and
interstate inipment pronunica under
certain circuns
5
causing Title 15 Section 1262. United Camir Ancamani wh^<nhsays
The folkming ace and the
thereof are prolachited
States
a The introduction or
introduction
into
sc^...veryfor
interstate
of any mishranded
commerce
ardous substance package of a mat-
To
saneres that the legal taisammataisamma van
vem'es
vem'es
a suimaancial neachit to maniand by aleming the
quiring , through through maniand maniand aleming aleming re
quiring through meeding meedinmgeeding ny such
means as might be appropriate that those whi
manuiscture products containing mbestos do more than they have done in the past tha safe systems be devised to use the produm and that studies be made by the manufacturers to enable
one we the
co products consequences
without exposure to such
serious consequences
Certuny vande in our scientific knowledge s^" sjunct noi aii c the
c^"geawaiivivir there
with the ad
seading men
techanging Kontur
tube
and
manufacturer pumilioms pumilioms sotuss tube mural far the
ut
sin
10
lawsuits
have principle all =e lawsuits tacy have deferme aganas all
expected when they their put on
bases dunt simis Avoid breathing the
might that simis . O
lawsuits that
ittle warning
HACKWORTH DON T. HACKWORTH
TEXARKANA DEPOSITION
SERVICE kamarand No Tras
kamarand
Fewe - Ohiae Crates
Od
RESIDENCE onceonce
fo
fo y
214 782-8661
RESIDENCE
RESIDENCE PHONE 214 703-6733
AP Ry MV, & 1970
:
;
THE 2ACT OF SILENCE
Commned from ^ eir20
all anerio during surgery causing internal hemorrhage and a variety of unanitul neES
or ocmissions of carcicis treatment and
surgery The lawyer often cocoumen
tight 140 which fractured legs or armatiagrhetenccalsotsecdasiens
Gi^,,20 light they cut n"b"oocdirculation and
sesuit in amputations Occasionally the doctor
nemoves wrong organs or leaves
sheters cintop or other hardwaresjwuinthgions ca he
They . body during surgery
may transiune
wrong
blood types into a
the patient causing kidney blockage and death
+ Childnirchs are maltreated by obscuritians
don't try to juggle aseveral births at a time and
don't watch casi casc
caseimily Doctors arrive
late while nurses or interns try to delay the birth
until his attival The resuls can be daunt daunt
Darter's and bugs may admi^nter ex-
oxygen oxygen improper causing dra ive
improper or excraive drug 16
premature infants or chpectans moinen
blindness brain damage or death of the inant
@mother Some doctors may induce births
pre- Sonimidly of mit exroutexe route prugs
indives birin
coutingcouting fedpdiums fedpdiums musicia~ omusicia~ o
incompatible A high public medical official has candidly
in New Yui Calvve Calvve a
average of two deatim occur from
nocaly
incompatible
biod trailuun which causes
wrong
blood
type-
kidney shurdowa nephrosis of the
u'cai den
The patient dies " mis
Li~ neys bie death after fits and convulsions
resulting fram uremic poisoning of his brain and other
organs
become blocked
The kidneys by clas
formed bic
by
biowth
making
hu blood
when
the incompati
incompati
.
performs coroner's autopsies .
The Medical Examiner in New York 2nd elus where who
is required by l to inform the family cause of the uremia and nephrosis
no
of the discovered
upon autopsy The mistake
deceased .
buried with the
In the case of David M his youn widow was told by the doctor that
scurgoerymspurlgeirycbeantigidaoines polyps and camist caused
Sing of om tent
her young min min in
husband w
cancer when
er ered the hospital for minor
polyps
to
nove
of the colos
email
se re-
beniga
prawchamnis widey gagged at the doctorb'enisga
ae
. 41
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o3
;
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towne
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