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Problem with Bay Bridge Tunnel

The Bay Bridge’s Yerba Buena Island tunnel is having problems as last month a concrete chunk fell off and only just missed a motorist and now it appears that more concrete is likely to fall.

Following an inspection there are at least 12 other places where corrosion has damaged the tunnel in the eastbound lower portion, leaving concrete in danger of coming loose and falling onto vehicles.

In addition is it possible that more areas are at risk with cracks and corrosion across large areas of the 1,800 foot long tunnel. Plus, according to experts, the tunnel may contain asbestos, and if that is the case the area will have to be sealed off and the job will become more complicated for crews and motorists.

The investigation into the extent of the problem is ongoing and Federal Highway Administration officials are helping to guide the process based on their experience in other tunnels.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Legal Decision in California Eases Asbestos Claims

In the past, contractors on construction projects who used products which were defective were not liable for any damage or injury caused by the product which especially affected asbestos claims. They could be liable if they were negligence but now, a legal decision in California has ruled that in certain circumstances a contractor may be subject to strict liability for the products he uses during the construction process.

The case involves Hernandezcueva v. E.F. Brady Co. whereby E.F. Brady, the defendant was working as a drywall subcontractor on a major construction project back in the 1970s. For the drywall joint compounds, Brady used those which contained asbestos and the plaintiff said he cleaned up the debris which contained the asbestos. However, the jury found for the defendants as there was no strict liability, but at the court of appeal they ruled that even though E.F. Brady was a contractor the company could be subject to strict product liability and that it had played a major role in the contamination of the plaintiff by asbestos.

This ruling will likely mean there will be more defendants in future asbestos cases.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Asbestos Found in NASA’s Jet Propulsion Laboratory

Air samples taken at NASA’s Jet Propulsion Laboratory showed higher asbestos levels than recommended and may have exposed four employees to asbestos.

Once the asbestos readings were discovered the floor was shut down and those employees who had offices on that floor were moved. The building involved was one of the eleven older buildings on the complex and it was being renovated with the ceilings being replaced. There was a powder like asbestos sprayed for fireproofing above the ceiling which is the most dangerous type of asbestos being easy to inhale. Building 230 houses hundreds of employees, including the group which is communicating with the Cassini Spacecraft which is currently exploring Saturn and its moons.

Exposure to asbestos can cause lung cancer, in the form of mesothelioma, and asbestosis, a lung disease.

California OHSA says they have not received any complaints so far about exposure to asbestos in Building 230.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Hospital In Fort Bragg Full Of Asbestos

The Mendocino Coast District Hospital in Fort Bragg, California has been on the brink of closure for ten years and running at a loss.

Things started to go downhill in 2002 when the Fort Bragg lumber mill closed and many lost their jobs. Now there are only around 7,000 people left in the town and few go to the hospital which declared bankruptcy in 2012 but just about managed to survive.

However, the locals do want a hospital in their area as the nearest other one is an hour and a half away on treacherous roads across the mountains. In addition, people are not only concerned about their health, but also the hospital is the largest employer in the town with the best paying jobs. If it were to close it would have a massive effect on the local economy.

There are constant discussions between the administration staff and the medical staff as to which is the best route to take in order to begin to make money but even more essential is to build a new facility as through the maternity ward and the emergency room, the flooring is layered with asbestos and the concrete is not strong enough to hold the weight of MRI machines and new scanners.

The local community hopes that somehow the money will be raised but given that 57 rural hospitals in the United States have closed over the last five years, optimism is not high.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

California Supreme Court Upholds Decision

At the beginning of October, the California Supreme Court upheld the decision made by the California Court of Appeal in the case of Sherman v. Hennessy Industries.

In this case the Appeal Court ruled that the manufacturer of a product which is inherently safe can be liable for injuries caused by unsafe products used with that safe product.

The case involved an arcing machine which is a type of saw used to customize brake linings. The manufacturer of the saw was found to be liable for injuries caused by the asbestos dust in some brake linings, even though the machine itself did not have any asbestos.

This means that in California, the rule states that plaintiffs can sue manufacturers of safe machines if they sold them to businesses which they knew would use them in conjunction with products which do contain asbestos.

This decision means that those who make such safe products can also to be sued, adding more operational expense, because even though the injury was caused by another company, many of those are now bankrupt following decades of asbestos related litigation.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Students and Employees May Have Been Exposed to Asbestos

According to a recent report, employees and students at the UC Davis Academic Technology Services Department were carrying out unsafe practices which may have exposed students to asbestos.

The report states that the buildings on campus which were built before 1980 are likely to contain asbestos as at that time it was widely used in construction.

Although asbestos is safe if left untouched, two employees state that they were told to drill the walls and ceilings of some of the older buildings while students were present in the classrooms. They also were not told exactly where the asbestos was.

They also state that there was no proper checking of the area prior to the work to see if asbestos was present nor were they trained at the time of the incident.

According to Environmental Health and Safety experts, samples should first be taken to see if asbestos is present, and if so, professionals should deal with it and ensure it is properly contained, The UC Davis have said that this practice was carried out with the air checked regularly to ensure no asbestos is present in the air.

Following this incident and others at schools in California, the Environmental Working Group (EWG) Action Fund has asked for all schools in the state to be inspected for asbestos.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Asbestos in Schools is a Major Concern

The existence of asbestos in schools is a major concern.

The Ocean view school district in Orange County decided to modernize the school last year and received a very unwelcome and expensive shock as asbestos was found in 11 of the buildings. This led to 1,700 children being moved and over $15 million in expenses to solve the issue.

However, this is not the only school in the country to be affected. Those most likely to contain asbestos are those built before 1980 as asbestos was used widely in schools constructed from 1940 to 1980 when the federal government banned its use.

In 1984 the Environmental Protection Agency estimated that 15 million students and 1.4 million teachers and school personnel were at risk of exposure to airborne asbestos, which can lead to lung diseases and the fatal mesothelioma disease. Although schools should check their buildings regularly for asbestos no one knows how big the problem might be as no one is certain whether all schools are actually carrying out the inspections.

In addition there is a conflict as to who should pay for the remediation cost, whether it should be school districts or the federal government who were the ones who decided that asbestos was dangerous.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

California Top State for Asbestos Deaths

A new report published by the Environmental Working Group Action Fund has identified that there were between 128,000 and 160,000 asbestos deaths in the 14 years from 1999 to 2013.

The report went on to say that 12,000 to 15,000 people in the United States die every year from lung disease, asbestosis and mesothelioma, the cancer caused mainly by asbestos.

The state with the highest number of asbestos related deaths was California, followed by Florida, Pennsylvania, New York, Texas, Ohio, Illinois, and New Jersey.

Before 1980, asbestos was widely used in the construction and manufacturing industry and although many people believe it has now been banned, it is still legal and is being used throughout the country for various purposes.

Those who work in the construction, plumbing and manufacturing industries along with their families are most likely to breath in the deadly fibers and as the diseases related to asbestos do not usually manifest themselves for decades, thousands more Americans will continue to die as a result of asbestos exposure.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

California Court Granted Judgment to Defendants

A California district court recently granted judgment in favor of four defendants in an asbestos case.

The plaintiff died of mesothelioma and his family state he was exposed to asbestos when he was in the U.S. Air Force working as an aircraft technician. They were suing aircraft engine manufacturers United Technologies and Curtiss Wright.

However, the evidence as to which aircraft he worked on was contradictory and the expert witness for the plaintiff said that he would have been exposed to asbestos from certain engine parts such as heat shields, aircraft engine gaskets, and clamps, along with from asbestos dust caused by the vibration and abrasion of aircraft components during the operation of the plane.

The court found his testimony inadmissible as he was not a qualified expert on the issues and stated his testimony did not reach reliability standards.

Without the expert witness statements, the only evidence was a deposition testimony from the deceased which was not sufficient for the claim and therefore the court granted judgment to the defendants.

This ruling shows that the courts need to hear expert testimony which is totally reliable and credible and that plaintiffs need to prove that they actually worked on or with products containing asbestos, and not simply in the general area where asbestos may have been present.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.

Some Industries Still Have Unsafe Asbestos Levels

A research team, based in California has stated that air quality samples taken from a wide range of industries show unsafe asbestos levels, putting workers at higher risk for deadly mesothelioma and other asbestos related diseases.

According to a recently published paper written by scientists with Cardno ChemRisk which is a scientific consulting firm, when they analyzed inspection data collected between 1984 and 2011 they discovered airborne asbestos levels well above OSHA safety guidelines.

The found that specifically in the construction, automotive repair and manufacturing industries along with the chemical, petroleum and rubber industries there were measurements above the limits from 2001 to 2011.

However looking at the overall picture, airborne asbestos concentrations have declined over time and along with that, mesothelioma incidence has also begun to show a small decline. The report highlighted this as a hopeful sign.

If you have been diagnosed with an asbestos related disease, you may be entitled to monetary compensation. Contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation.