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FILE NAME Newspaper & Magazine Articles NMA DATE 1970 DOC NMA162 DOCUMENT DESCRIPTION Trial Lawyers Forum - Death and Injury from Inhalation of Asbestos Dust J :. * . Q t DEATH : 4 DEATH ie i i : ec AND AND , INJURY INJURY from _ asbestos i * of inhaltion inhalation inhalation asbestos dust dust t : ; at . ry ry . i. WARD STEPHENSON ; Orange c Asbestosis i Asbestosis is an insidious disease the victims of cry out for help from of the a | ! which members whe! . altel, Q 3 bar and the medica profession as well j ct atl This is disease of the eT . . nara lungs incurable in cots i B,7" reversible terribly disabling often fatal which . Sons oe F ! f pe a sly way tote . in comes about gradually and usually Sa a . 3 mani i my 2 *., 1816 to sets fimm en . posure Asbestos once inhaled is virtually in- I . oe a destructible i cause Fete ty q j at the destructible and balance of one's continues to lifetima reaction for ot eta > I or, oon ~ . . - E iy la : bestos dust and fibers The disease has been i t. ~y~~ by Tr: ; Abermis is caused the inhalation of as he . iy extensively studied beginning in the late 1800's 1 a . . . ad : . : . in Asbestos is mined principally in Canada and : in South Africa and it is a variety of muncral . having its origin millions of years ago in the 28 : carth's interior It has fint industrial and | commercial use and it is estimated that asbestos ; is used in over 3,000 product ranging from the , ; : : nosc come of ironing a missile brake linings for aute- mobries board coversdraperics insula- raised to 900 they then become objects of ine - draperics finite life . tion and many many other things It cabne It woven into ciuin and can withstand high heat has million been estimated that approximately a individual temperatures It is virtually and strucuble k cas lic fibrils of chrysocile mbesios side in a lincal inch whereas Cannot be frozen or burned unicas the tempera- ture gets to approximately 900 or more Once only approximately 3,000 glass fibers of odd . asbestos fiber are in the bunny bunny Once Once uman hairs can be aligned in the same dian : their indestructibility and due to the fact of la the carly 1900's 300 tons of asbesam was : couche that the body temperans cannot ba - produced It is now estimated however that a APRIL MAY JUNG 1870 ver million tons a year are mod in the United a. : . 17 . e aan me, . * mecees 6 wemmen + pose ery +e Heme - 8 yl. . . \. e Waesse. wor eo .. e686 . en, ee rae . + OF ene, et m - * . a . ? sy . . . . ee ad vd } . : at! ot Natnee tsa h Mile Sataont Ke 2. Lerchintds os thant? WAZ) STEPHENSON ovcewee @ A degree in 1943 for Auction ond on .. in 1947 in South A Wamity A membeorf the American for phon he serves as Preremvet of the Oram County in 1952 SI A Director of the Texas inal Layers Aca 1953. ober of the Amer.com Trial Lawyer A Aca be is currently present of the SamecheIns al Law and imq^"iedwarranties and that no warnings were given werken of the dangerous nature of the products as well as the failure to devise a safe metind of handling their products Our position was that the existence of this aiscase had had been known about for many many years been wrimen about extensively for over States and that socal world output is over four million sons year It is not to be unexpected a therefore that exposure to ashesins among pro fessional workers and laymen al^fiheis very sap idly increasing There does not appear to be any posure and the severity fifty years and the states since 1913 had recog injury nized the disease as compensable compensable occupational that the manufacturers of the insulating products wed by the plaintiff knew of the ais- - case and knew that their products contained asbestos and that ashestos could create the dis- case asbestini We further contended that the manufacturers were at fault for not testing and for not devising safe rechiques for application of It has been the writer's observation in study- to say the lteaeststpaitiinmenttohe wntirtyihalthwiass discas un for a period of approximately seven years that a major difficulty miss among the medical profession in distinguishing asbestosis from och Medical A horrifying in likel^flnood be expected to experience a very tragic death Once a patient has reduced put monary sufficiency there is little that can be er diseases such as silicosis and emphys disconfort disconfort Asbestosis is readily distinguishable by the Pneumonia is great hazard patient has skilled physician trained in this fieid from other diseases of the lungs and this can he danc h ray Asbestosis causes peculiar tions that enable short of peculiar ray Diomy zmost a certain positive diagnosis time A study of the Workmen's Compemation Laws of the various states of the United States indicates that beginning with the year 1913 usbestosis has been recognised recognised as a " done even to relieve the pain and If a pneuwwania and the treating doctor does not know about the existence of asbestosis a normal . Dosage of Demerui aught very well suppura respitation of oxygen to a over point causing scalin a prolonged period The of WHE mipmipii trying eit ... ... ... ... de SS ens slags ... ... ... ' and i in pmi ' p ... m i ty So the end result from the patient's view. point is indeed dismal compensabie workman's compensation occupational disease Evidence was produced on the trial that one concerned The principie studies however have of the manufacturers in 1941 constructed mines and plant themselves with workers in in asbes manufacture asbestos insulating a ' to factoric sos where insulating materials and products such as insulating recognizing the serious nature of inhalation of materials have been manufactured Only un- the premiucts and recuprising the ated ind ind til recently and even now certainly on a minimal sign a factory which would minimize the expos scale has there been any study by the manufac ' of the turers of asbestos ure of the workers to the inhalation dust insulating materials of the designed their saciory with sac idea in mind of of sive inspuitng inspuiting wudh allaces sincir prom^nces sive reducing the possibility of inhalation of ers using their products pA the dust among their workers * Even in spite of this - We recently handled in the United States Dia- trict Court knowied"cwhich was known by the manage a lawsuit on behalf of an asbestos | ment of the company and was riengnized hy worker who of insulating had the discaasse ber . the engineering department in its design of the principal sis This case was filed against the plant recognized by the legal department be manufacturers of asbestos insulating materials cause on occasion workers would with whose product the plaintiff had worked contract the duscast which came within the state Workmen's ver a period of approximately twenty years So manulaci far as we have been able to tell this is the first rave of its kind Our principal mumma of danger by her tad then dented of moms moms slam Compensation Act nevertheless the turer dad nur place any warnings on any of the boxes of their produces indocaning the part of the manufacturer's brouch of express Continued on page 19 18 TRIAL LAWYERS FORUM mes et ween ee ew wy CeCe me a Hoe Ae ml oe met mm COCO 14974 14974 h 1 2 ROR Ter ha ar years In speed mechanised society such as ours the archaic rule relating Mr. Batterfield and his sicad bone should be buried with them The courts shuuki has been dead for stop riuing a horse that over one hundred and fifty . society The Law most grow with the necas of Let us hope that men of courage and with a sense of destiny will meet the challenge of our times and not fit the image of a failure once described by Justice Corduro in another coa section but no ins applicable here Judges maren at times to pitsiens conclu Judges . deplore the sacrificial rite They perform it nonetheless with averted gaze convinced as they plunge the knife that they they the hidding of their office The ridim uffered up to the regularity of justinquiumicumir un sie alter of regularity ADDITIONAL INFORMATION The thing thing is a list of selersed readings ing char pb of concern pective Sig Contributory Contributory Contributory Negligence rs Com vo mce. Comparative CoinPen Collateral LH Sue An inepiiprace inepiiprace Appeal F. Appeal LH Pen ich J. 36:46 Craparaure Appeal Craparaure Negligeme Water Can Can Jr. TR LinQ Craparaure LinQ Craparaure Negligeme Negligeme T. T. F. Lambert Art ML Comparative Negligence ML Glow Fed ..d the Federal Tars Claims B. Comparative Negligence 26-92 Winter 1986 After Sane Negligence in Arkansas A Before and Rempnmore NVSD NVSD 24971 24971 DEATH AND INJURY FROM INHALATION CF ASBESTOS JUST Continued from page 18 of the inhalation of asbestos dust The manufac tuter made no dust counts in the fcid and made no effort to conduct any studies of any sort designed to prevent the discase among these workers in the field using their products After the beginning of our litigation certain of the manufacturers began to place a smati arning sign on noxes of incir insulating prod- c which read asbes CAUTION This product contains sas fiber Inhalation of asbestos in excessive quantities over long periods of time may be harmful It dust is created when this is handled avoid prod- uer breathing the dist If adequate ventilation control is not possible wear respirators approved by the ti.s. Bu reau of Mines for pacumoconiosis pacumocniosi produc ing dust the Coury 2 the biaine Coury Mane Law RevieNwew14P1e6e5r 1c 9e 56 as oe Comparative gence Comte de tor certain Ne Comte Comparative Lae gence Wil ees Diessmart Sb, Other * than placing this small warning sign on of the boxes iew if any of the Underparative Negligence a Yak wemri March 1962 raune Pl nov 6.3 facturers did manu " anything else and have nos cons Comparative Negligence TL Negligence CRITIQUIT The INS foe nen 24. Semember Negli- anything significant even to this date to preven an SaTmeh,e Ane and Fall of Comparative Negli1g9e6n9ce 11- she worker from contracting the unease Frein s. 1. 57.40 Seemer in 16 laki it 229 N.E. 28 284 Comparative Fffeet " Mississippi .. There is no respirator or breathing device in common Negligence Sun om today 175 Other Hubs et Comparative Napes, J. 9:49 use which will prevent the so- 1 legre 1am is Never legre om tie Mah Pemests +i 44 pane Nea halation of asbestos dust by those using the primbunt Patiuuiarly 04d neon in in Patiuuiarly 26.74 Ome, 1. P. samtorsty Jr. AIA J. aoce. fee, sim c products in urder so he e e ne A 17 en en Pahan Pamhwa's Ikm scribed cut and applied have to be sawed 17 a M J. M Joos disrenats fisted wire bans have to be 770 W sein, J hammered into benders! Asnoaw ni place and ashescos has cement da Hm U. Lise F o . Comparative Negligence Ande to be poured out of its auch into ORM Comp therine Negligence 351 Summer of Series Fashim Sim summer hy Paul L. Mev 1967 a bucket of water and mixed so that it can be applied by MA 17614 trowtreowl el All eK or of these procedures cresse Come Seghizome Wille Negligeme Cami Cami Cami Come parause for Seghizome haru 1. her WHICH them 1941. 1941. r 1962 Comparause Comparause Negligence Dean Wille New New Review the 46 Preser Si prevent 1954 Corwin CorwinCorwin tha Simmeled me A led Delease the r 44 A 11A a Nevin 'Lan K. 52 58 1937 oes Prodroma re Nevin Lan K. Prodroma Penn Sphere A U dimes Lan Heview 135 Mammey il 174 1994 Convenes ace IL A. Nepigence Ruie An Ollace ar Jun Gair B. J. 392 473 cumber 196E ) Selhol of Mount Sinai Hospital Hospital in APRIL MAY JUNE 1870 dust and you esta to date the munafie munafie ctautrierosn hoafve not devised a safe system of app^/ their products which would the inhalation of the fibers by the workers There exists direct length of fint relationship herween the exposure to the inhalation of asbestos dust to the time at which the discase of asbestosis manifests itself Studia made by Dr. Irving Sellholl perhaps York trading Petham sNew York, who as who is the wertd's perhaps the world's trading trading possibility insulating workers the dust for 44.17 years ten period such workers workers exposedabnormal years 44.17 72.8 swenty lung findings abnormal tunc exposed swenty lung swenty years exposed hadings hadings and 67.1 years we for experienced wife long abnormal lung finding cues a wife possibility association with ashestos consultation consultation and aod thar sought consultation highest highest order de be bei suggest that the attorney attorney for bis humals the 152. Ant Pages 1-766 ThelVogoiclal15S2t.reAesbetstosJourAnsalbesNtoos v.eNmovbemeberr Street Journal Subcommittee Subcommittee before Subcommittee flfl^-o- wo; November Sem Gea 7, Representatives Representatives Labor the Committer Committer Labor , House Representatives Representatives on as mesothelioma mesothelioma has sheston is uxygen varva tion cancer be a puimon.ic all of which are puimon.ic Of considered dus resuit of inhalation of There 5 alow af indication medical studies tives the from smoke cigarettes as wi suscepubility & smoke disease a great suscepubility than those elie 2_ to It been bom with with suggested that in future decades accumulation accumulation asbestos and subjected to higher contattationspcuontattbationslic will be subjected the asbestos fibers Selikull Selikull associated therewith Drs Spring Of of 1964 in published American American Medi- fomuni fomuni of American amlogical * tal Association Association article effects effects are niny artic.es artic.es now asbestos There and svalbh svalbh to macias prosessions prosessions the subject Exicisive dealing studies dealing with subject the precision precision any thorough interested the subject #0 to point their their subject begin- studies studies MBE ning point attorney has as his office who require is is suffering frum frum lung disease disease feel uut the suffering current medical the imperative imperative imperative assorncy medical knowledge knowledge fuli CONSE - are in the posent posent thee- are four years DE . of action accrues accrues when case case limitation limitation whea whea statutes statutes statutes of limitation limitation wit When the . commits Creehsis his When action b wrong cause * is lastlast accrues his time discovery discovery discovery 201- is the substance From substance OF discovery 201- From d discovery of d and From the time of From From tionally tionally the the Uric leis that the America . Wilroy Wilroy WilrWilo roy Wy ilroy gives the fume 023) 21 which Sem, But iswhinchotwrongful wrongful it megligen megligen which claim must For there there must some Until there certai damage there no claim and damage Masute pre- pre- in which sing sing sing whether suit must be be filed remedy cwheta her a n s condition of sight the of never operate prior prior tins would be per ay 244 F24 53. U.S. Ge 3) cuit o. 1957. TRIAL LAWYERS FORUM $3, U.S. Couct of TRIAL Got, May 1, 1937. Scoand Thy was a8 anticpen FR, MAWVERS toaum e 148 .2 2:11 EE Ee Tabntds 7 { meen. oe ' . . spirant case involving Court said Amrid The THE CONSPIRACY CONSPIRACY ... When the inet is once established OF SILENCE mes demonstrated demonstrated by experience that a ee certain carumming apponly turm Commned from ^ eje20 kesx contains comated when distributed dangery and the channels of trt auo public through all anerio during surgery causing internal hemorrhages and a ind usc^"for inc variety of uninitiful acts purpes for which it was made and + or ocanissions of carcicas treatment and e sold . if sure to cause suffering to and The lawyer often surgery injure the health of some : in which encounten sight cast cases purchaser even though the innocent fractured legs or arms are enclosed in of percentage arises to ainndjuared be a large a cuty responsibility resis casa so tight they cut off blood circulation and muit in amputations Occasionally the doctor upon the manufact and un with removes wrong organs or leaves knowledge to the extent at least of spuoges a warning the ignorant consumer * ** Gerkin . Brown & Sebier Co. 1913 body during surgery They may transiune into wrong blood types the patient causing hinney 41877 Afich 45. 60 143 N.W. 48 53 a LR N.S. 224 Mockage and death 4 Tk 15 Section 1261 United State Code Annotated defining hazardous substances required to be labeled and interstate shipment pronssica under certain circunstances 5 Title Canic 15. Section 1262. United States Anna which The following acts and and the thereof are prohibited cousing a introduction of any The introduction or delivery for into interstate commerce mishranded puchage of a maz puchage ardous Te same substance the that the e'er e'er e'er e'er e'er e'er sim dingen of this product and re- a substancial benefit to maniund by alerting the pubin so quiring through mun proceedinprgoce ding at such means as might be appropriate that those wh manufacture products containing asbestos do Certainly serious consequences with the ad vance in our scientific knowledge s^" sjuace ami ai of the sending men technological knowin cuge availaisie there sezums unificant unificant unificant unificant unificant for the manufacturer of in * Mi > in Childbirths are maltreated by obecn who try to juggle several births at a time and don't watch caci care cascinity Doctors arrive late while nunes or interns try to delay the birth until his arrival The remiss can be dances dances Duster's and mail may administer ex assive oxygen improper improper or exces ive drugs 10 * premature infants or expectant mother causing b^...indnessbrain damage or death of the infant or mother Some doctors may induce births preDesimicry of use excessive cru oy sels danysiums Sivcks ung danysiums lingo resulting A high public medical official has qereed shes in New Yui candidly Gay divers a weekly average of two deaths occur from incommailble od which transfusionthe wrong blood causes kidney shurdowa typ5- u-eaL and nephrosis of the kidneys The patient dies . mis bic death after fits and convulsions fram uremic poisoning of his brain and other organs The kidneys become blocked formed by mixing hu blood with the incboympcaltois The Medical Examiner in New York and ele have done warning simple wac as a principle defeme against lawsuits that they all that might be expected whco they put on their bases a simple little Avoid breathing the dust where who performs coroner's autopsies is n i required by L to informs inc family of the cause of the uremia and nephrosis ducevered upon autopsy The mistake is buried with the deceased : DON T. HACKWORTH TEXARKANA DEPOSITION SERVICE Nath Texas kominvord Town Nouch . _ Nouch OnliOnlnine eOnliCneovCero - v7590eCo7ver-5r 9S0u- se o~ ! OFFICE Pricing 234 782-8561 RESIDENCE PHONE 214 792-6733 OPA tie MAY JUNE 1970 M. In the case of David his young widow was told by the doctor that complications w and cancer caused her young husband die Sing to c tent hes in in cancer when se er ered the hospital for minor surgery to re- move polyps of the colos smail growths widow beniga gagged as the doctor's 41 , 4@ 4 nh me oy eee oe te e. ene Bithsbe