Virginia Beach Personal Injury Lawyer - Toxic Substances

Virginia Homeowners Need Help Handling Toxic Chinese Drywall

John Cooper — Tue, 06 Oct 2009 16:34:00 GMT

Toxic Chinese drywall is affecting thousands of homeowners across the nation but especially in the south including Mississippi, Florida, New Orleans, and Virginia (VA). Some estimates indicate over 100,000 homes were built with the hazardous drywall, though no one really has an exact number. The problem just continues to grow.

Virginians in Hampton Roads are taking the brunt of the toxic Chinese drywall problem. For example, Elizabeth and Steve Heischober bought a house in Virginia Beach, Virginia (VA) back in 2006 and discovered the symptoms of toxic Chinese drywall – a rotten egg smell and the destruction of appliances due to chemicals. The Heischober’s would need to spend over $200,000 out of pocket to fully replace the drywall and effected appliances, according to WAVY.

As an injury lawyer who works for a firm that regularly represents people who’ve had their lives adversely affected by toxic substances, I find it outrageous that more hasn’t been done to help these homeowners. Most people don’t have $200,000 sitting around to spend on home repairs.

Most insurance companies are preparing to deny claims related to the toxic drywall because it’s considered a pollutant and, therefore, not covered by a general policy.

So what can be done? The government is making some effort. The Foreign Manufacturers Legal Accountability Act of 2009 is a bill floating around in the Senate that would require foreign companies doing business in the United States to agree to participate in litigation in U.S. courts. Unfortunately, this would not help those currently struggling with the drywall issue.

Virginia Beach Congressman Glenn Nye (D) is planning to submit legislation which would expedite financial support to Virginia (VA) homeowners. Nevertheless, the U.S. government is not responsible for this quagmire. The Chinese government needs to take responsibility since nearly 16 companies who supplied the toxic drywall were apparently owned by the government.

Here's a video of Congressman Nye meeting with the Heischober's about their troubles with toxic Chinese drywall...

http://www.youtube.com/watch?v=_ZphmKlww44

Thousands of lawsuits are being filed in connection to the contaminated Chinese drywall and it’s clear this issue is gaining national attention. Justice needs to be served. Far too many people are having their lives ruined because of this noxious drywall.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling toxic substance cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by John Cooper

Insurance Companies Looking for Ways to Deny Claims Associated with Toxic Chinese Drywall

Emily Mapp Brannon — Sun, 16 Aug 2009 21:46:00 GMT

The devastating effects of toxic Chinese drywall in Virginia (VA) have left numerous families with a home featuring unlivable conditions or a massive bill to remove and replace the lethal drywall material. It’s also forced many contractors and subcontractors to go out of business.

My colleague Rick Shapiro has written about the health hazards associated with Chinese drywall and the ramifications of this situation are far reaching, both legally and financially.

Here’s a video illustrating the extent to which toxic Chinese drywall has effected so many people…

http://www.youtube.com/watch?v=hMZxl2YIkrc

Unfortunately, insurance companies are already contemplating a strategy to avoid paying for home repairs or reimbursing contractors and subcontractors who also face major financial claims from lawsuits.

A recent article in the Insurance Journal discussed methods for insurance companies to avoid financial responsibility. The two primary exclusions they hope to utilize in legal defense include a pollution exclusion and property damages exclusion.

According to the article, the pollution exclusion could be used since a majority of contractors and subcontractors possess general liability policies which feature a standard exclusion for liability arising from the "actual, alleged or threatened discharge, seepage, release or escape of pollutants."

They argue the toxic gases emitted by the Chinese drywall will fall under this provision since "pollutants" are usually defined as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste."

The property damages exclusion is usually entitled "Exclusion: Damage To Work Performed By Subcontractors On Your Behalf" in the policy. This basically eliminates property damage liability for damage associated with the builder's faulty work, the Chinese drywall in this case.

In addition, they argue liability can be denied for the resulting damage to the builder's non-faulty work including the effects of the toxic Chinese drywall in the home such as corrosion to electrical systems, copper piping, and other metals.

The litigation associated with Chinese drywall is probably going to be extensive and its clear insurance companies will look for numerous legal defenses and exclusions to avoid financial responsibility.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by Emily Mapp Brannon

Dominion Virginia Power Aims to Remove Responsibility in Fly Ash Lawsuit

Jim Lewis — Sun, 26 Jul 2009 18:28:00 GMT

Dominion Virginia Power is looking to remove itself as liable in the $1 billion dollar lawsuit brought forth by residents of Chesapeake, Virginia (VA) living near the Battlefield Golf Club, according to The Virginian-Pilot. The lawsuit focuses on the usage of toxic fly ash in the ground fill along the golf course.

Dominion claims they are not legally responsible for any potential injuries since they merely “supplied” the fly ash to the Battlefield golf course developers. The problem with Dominion’s logic is they knew fly ash was toxic way back in 2001, according to The Virginian-Pilot.

Another flaw in Dominion’s argument is the fact that there is legal precedent in this realm. Back in 2008, Constellation Energy settled with residents in Annapolis, Maryland for $45 million dollar in a fly ash lawsuit.

There isn’t word yet as to what the judge in Chesapeake reviewing the motion will do, but given the evidence, I wouldn’t be surprised if he does not rule in favor of Dominion.

Here’s a video illustrating the negative effects of fly ash. It also shows that toxic fly ash isn’t a problem exclusively in Virginia (VA) but in multiple parts of the country…

http://www.youtube.com/watch?v=tUGy5_xN28A

hamptonroads.com/2009/05/dominion-kept-7year-secret-fly-ashs-environmental-risks

Originally posted at InjuryBoard by Jim Lewis

Swine Flu Remains a Deadly Threat in Virginia

Rick Shapiro — Fri, 24 Jul 2009 21:14:00 GMT

The Virginia Department of Health is reporting a woman’s recent death may be linked to the H1N1 virus, commonly referred to as Swine Flu. If it turns out Swine Flu was a contributing factor, this would be the third death in Virginia (VA) connected to the lethal virus, according to The Virginian Pilot.

The two other Swine Flu-related deaths in Virginia (VA) occurred in Chesapeake and Arlington. April Wilson was the Chesapeake resident and the first victim. She died on June 2, 2009. Our deepest condolences go out to her friends and family.

Over 260 deaths attributed to Swine Flu have been reported nationwide and numerous infections continue to surface on a regular basis.

Internationally, close to 100,000 cases of Swine Flu were reported in England this past week, according to the BBC. A vast majority of cases are deemed mild, but the number of confirmed deaths remains 31 and could rise as the number of infected increases.

Here’s a video talking about the government’s plan to combat a resurgence in Swine Flu, and the seasonal flu, this fall…

http://www.youtube.com/watch?v=VJjQ62HfciA&feature=related

Originally posted at InjuryBoard by Rick Shapiro

Virginia Beach Water Quality Under Examination

John Cooper — Wed, 27 May 2009 13:51:00 GMT

The Virginia (VA) Department of Health is preparing to test the waters along 44 state beaches, according to The Virginian-Pilot. They’ll be testing for a bacteria group called enterococcus, which is found in the intestines of humans and animals. This type of bacteria indicates whether fecal matter is present.

If the results are above a certain acceptable level, the water could pose health risks. In 2008, swimming advisories were posted at six beaches in Virginia (VA), covering a total of roughly 30 days. That’s an improvement from 2007, when 14 advisories were posted for a total of 50 days, according to The Richmond Times-Dispatch.

As a personal injury attorney with 20 years of experience, I’m always concerned about the public safety of our waters. I’ve also written articles about water quality in Virginia (VA). I want to make sure I can take my kids to the beach and not worry they’ll be exposed to a hazardous bacteria while swimming in the water.

Unfortunately, my worries cannot be fully assuaged considering the measurements and science used to evaluate beach water quality is out-of-date, according to Portfolio Weekly. The Environmental Protection Agency lost a lawsuit filed by the National Resources Defense Council due to the failure to update public health standards which could detect disease-causing bacteria that may end up in beach water.

Each year nearly 7 million Americans become sick due to contaminated recreational and drinking water, according to the NRDC,

The main issues include out-of-date technology and the protracted time frame to examine test results and inform the general public (usually 18 to 24 hours).

The Virginia (VA) Department of Health needs to make sure they have the latest technology to test our beach waters and the time it takes to inform the public is as efficient as possible. This is of vital importance to our public safety.

Originally posted at InjuryBoard by John Cooper

Nanotubes In High Tech Computer Components May Pose Similar Cancer Risks As Asbestos According to a Major New Study

Rick Shapiro — Sun, 10 Aug 2008 22:42:02 GMT

The Washington Post reported in late May, 2008 that new microscopic nanotubes that are being made for a wide variety of consumer products can cause the same kind of damage in the body as asbestos, and its deadly cancer of the lung lining called mesothelioma. These findings were made by well respected British researchers in a recent study of mice and the study is sounding alarms among workplace experts. Nanotubes are increasingly being used in electronic equipment, and sporting goods equipment and other products. The study used established methods to see if specific types of nanotubes have the potential to cause mesothelioma -- a cancer of the lung lining that can take 30-40 years to appear following exposure. The results indicated that long, thin multi-walled carbon nanotubes that look like asbestos fibers, act like asbestos fibers and apparently may trigger a cellular reaction that over a period of years can cause mesothelioma, a fatal form of asbestos caused cancer of the lung lining, according to the researchers that handled the study at the University of Edinburg Center for inflammation research. Anthony Seaton of the Institute of Occupational medicine in Edinburgh, Scotland, contributed to the research which was published in the journal Nature Nanotechnology. The study's preliminary evidence of cancer is strong enough to require further tests for nanotube factory workers, according to experts. Nanotubes conduct electricity easily and therefore are in new types of material being used inside computers. Leading forecasting firms say sales of all nanotubes/nanotechnology could reach $2 billion annually within the next four to seven years, according to an article in the U.S. publication Chemical & Engineering News.

Anthony Seaton, MD, the co-author on the paper and a professor emeritus at the University of Aberdeen in the United Kingdom, stated, "The toll of asbestos-related cancer, first noticed in the 1950s and 1960s, is likely to continue for several more decades even though usage reduced rapidly some 25 years ago. While there are reasons to suppose that nanotubes can be used safely, this will depend on appropriate steps being taken to prevent them from being inhaled in the places they are manufactured, used and ultimately disposed of. Such steps should be based on research into exposure and risk prevention, leading to regulation of their use. Following this study, the results of which were foreseen by the Royal Society in the U.K. in 2004, we can no longer delay investing in such research."

The study in Edinburg was led by Ken Donaldson. Donaldson tracked short-term effects of putting carbon nanotube's and asbestos fibers into the mesothelium, which is the tissue surrounding the lung and other organs. Longer fiber nanotubes were noted to cause granulomas, early cellular changes that can lead to cancers. Donaldson was quoted as saying: "The results were clear... Long, thin carbon nanotubes showed the same effects as long, thin asbestos fibers….Short or curly carbon nanotubes did not behave like asbestos, and by knowing the possible dangers of long, thin carbon nanotubes, we can work to control them. It's a good news story, not a bad one. It shows that carbon nanotubes and their products could be made to be safe." Carbon nanotubes are atom-thick sheets of graphite formed into cylinders. They may be formed from a single layer of graphite or they may consist of multiple concentric layers of graphite, resulting in multi-walled carbon nanotubes.

My take on this:

New technologies with fibers that are just as tiny in size as asbestos fibers must be investigated carefully. After all, the health warnings relating to asbestos dangers were known for decades by asbestos manufacturers who fraudulently concealed the dangers, before broader industry paid attention-after all, asbestos had good insulating properties, and as long as the truth (fatal cancers, permanent lung diseases), was kept secret, asbestos continued to be sold and used for decades and we all are paying tremendous societal costs. If we force industry to make safety changes at the outset, we may be able to avoid another public health disaster.

Originally posted at InjuryBoard by Rick Shapiro

Radioactive Exposures & Cancers To Railroad Workers Explored

Rick Shapiro — Mon, 05 May 2008 09:00:46 GMT

Note: See recent updates on Radioactive/Radiation Exposures Linked to Cancers in Railroad Workers handling nuclear/uranium contamination

Our law firm, Shapiro, Cooper, Lewis, and Appleton, has a special concentration in railroad injury matters, as well as all forms of personal injury. We have recently been retained on cases involving railroad workers who have developed cancer and other radiation related illness and disease as a result of exposure to radiation and radioactive substances while working for railroads that routinely transported cargo into and out of nuclear weapons facilities while working as railroad engineers, conductors or even as railroad track maintenance workers. In a number of areas of the country, nuclear weapon facilities required all kinds of uranium and radioactive material in order to build the often secret nuclear weapons. It is very common to have the primary source of transport of these materials and byproducts to be by railroad/train. Just as one example of many, there is evidence of ground contamination by radioactive substances in many areas outside of Oak Ridge weapons facilities in Tennessee (also often called Oak Ridge National Laboratory). The government Department of Energy, in an official report in the 1990's, on the ground contamination near Oak Ridge, concluded that the radiation originated from radioactive sources within concrete casks, transported years earlier by rail. It is clear that even concrete casks cannot contain all "low level" radiation emissions.Mostly beginning in the 1990's, there was an increased awareness of the potential dangers of what had historically been called low level radioactive waste being associated with many sorts of cancers. Thyroid cancer is very commonly associated with radiation exposure but there are many other cancers that are also associated with excessive exposure to radiation or ionizing radiation. Our office has reviewed a number of government reports that we have obtained under the Freedom of Information Act relating to radiation and toxic substances cleaned up from areas around Oak Ridge. The Department of Energy has actually paid for many clean ups around Oak Ridge, including at various scrap yards, and even on the CSX spur, which directly lead to Oak Ridge. Railroad workers commonly handled switching of the Oak Ridge waste materials, both in and out of the Oak Ridge National Laboratory. Most people realize that the first nuclear weapons were largely made at Oak Ridge as part of the top secret Manhattan Project.
Another site that has been the subject of contaminated radioactive clean ups as well as clean up of various other toxic substances is the Paducah facility in Kentucky, which also contributed many parts and components related to secret nuclear and chemical weaponry. There have been reports and newspaper articles relating to various types of contamination arising from Paducah, Kentucky, and also there have been concerns over many byproducts associated with these weapons that are extremely toxic substances. Some of these include Uranium, Hexafluoride, as well as Phosgene. All of these substances are highly toxic substances that are associated with cancers.
Radiation has been known since the time of the 1940's to present ultra hazardous dangers to humans. Even when transporting low level radioactive waste, special protections must be employed to any workers associated with these known highly toxic substances. Many years ago the Department of Energy or Nuclear Regulatory Commission provided guidelines and standards for potential exposure limits for radioactive substances. Later, the Occupational Safety and Health Administration (OSHA) has also been involved in regulating radioactive substances and further, with regard to railroad activities the Federal Railroad Administration (FRA) has relatively new regulations pertaining to radioactive materials although many of the regulations have been passed since the circumstances of September 11.
When a railroad worker has a disorder or cancer believed to be associated with the exposure to radioactive substances, careful analysis must be made by a doctor specializing in occupational medicine and it is important for a railroad injury lawyer to be familiar with the types of toxic substances or radioactive exposures that a railroad worker may have been exposed to while working for any particular railroads. Careful review of the occupational history is necessary, careful selection of a doctor with familiarity with radioactive exposure is also required. Other types of experts may be necessary in these types of cases, such as an epidemiologist, who is important to analyze statistical information relating to cancer rates relating to such exposure, and also a certified industrial hygiene expert would be an important expertise in any particular case to determine whether appropriate workplace safety measures were taken.
Railroads are fairly large companies and have always maintained a medical department. Railroad claims departments also keep up very carefully with industry trends and medical conditions. It is always incredible to learn as a railroad injury lawyer representing railroad workers how few important workplace safety measures were taken by railroads and this would include the most basic protections against the toxic potential exposure to highly radioactive substances being transported by railroads.
Several railroad workers that this author has interviewed explained that no respiratory protection was provided to railroad workers working in and out of certain nuclear weapons facilities, even though the particular railroad in question knew that only by products of radioactive weaponry were being transported either in or out of the facility. Inside the plant workers may have been wearing space suits, but as soon as the train car crossed the threshold and was moved by the railroad, no radioactive exposure safety measures were employed by the railroad moving the same materials.
With increased knowledge of the types of cancers associated with radiation, and new scientific and medical techniques, it may be increasingly easier to associate certain types cancers and occupational exposures with the lack of workplace safety measures by railroads.

Originally posted at InjuryBoard by Rick Shapiro