May 20, 2009

Jury Awards Widow in Florida Mesothelioma Lawsuit Nearly $1 Million

A jury has awarded $995,600 to a Lynn Haven woman suing over her husband’s death, the Panama City News-Herald reported April 29. Betty McBride was continuing the lawsuit filed by her and her husband, Woodrow McBride, against former employers and parts manufacturers they believe exposed him to asbestos. As a result, they argued, Woodrow McBride developed mesothelioma, an aggressive cancer of the internal tissues. He died in September of 2006, a month after the lawsuit was filed.

Woodrow McBride had worked at two power plants in the Panhandle between 1968 and 1996. During that time, the McBrides’ lawsuit charged, he was exposed to asbestos, a known carcinogen, though the installation and maintenance of Foster Wheeler brand boilers insulated with the substance. In the suit, the McBrides named Foster Wheeler and fifteen other companies they believed had contributed to the asbestos exposure. In its decision, the jury found that products from Foster Wheeler and a company not part of the lawsuit, Gulf Power, made products that caused the illness. It apportioned 25% of the blame to Foster Wheeler, 60% to Gulf Power and 1% to each of the remaining defendants. Because Gulf Power was never part of the claim, it does not have to pay its share of the damages.

Asbestos exposure is a common subject of lawsuits because it is the only known risk factor for mesothelioma, a rare but deadly cancer of the tissues lining the chest. Asbestos is a naturally occurring mineral that was once widely used in industry; it is composed of tiny fibers that human beings can inhale but not exhale. Once the fibers are inside the victim’s body, they get stuck in the lungs and are eventually absorbed by the body, resulting in cancer anytime from 10 to 60 years later. Because this cancer is frequently detected late, and because its location near vital body organs makes surgery difficult, the prognosis for most victims is grim. Though some patients live with the disease for years, most, like Woodrow McBride, die within 18 months of diagnosis.

History shows that scientists understood the dangers of asbestos for decades before it was removed from most U.S. workplaces. However, employers in multiple industries continued to expose workers to the material without warning or protection throughout the 20th century, which is why most mesothelioma sufferers are older men, often retired. Many of those patients and their loved ones are now striking back with South Florida mesothelioma lawsuits. A lawsuit cannot reverse mesothelioma, unfortunately, but it can help victims pay for the medical care they need, provide for their loved ones and hold the companies responsible for the asbestos exposure legally liable for their actions.

Cohn, Smith & Cohn is proud to represent mesothelioma victims throughout the state of Florida. Our Hialeah asbestos exposure lawyers can help patients and their families win compensation for a serious illness or a wrongful death caused by the carelessness of former employers and their suppliers, sometimes including the U.S. military. Unfortunately, time is of the essence in mesothelioma claims -- in addition to concerns related to the illness, it can take time to trace back all of the sources of the asbestos exposure. That’s why experts recommend that you contact a Miramar mesothelioma attorney as soon as you begin considering a legal claim.

If mesothelioma has struck you or someone you love, you can learn more about your legal options at a free, confidential consultation with Cohn, Smith & Cohn. To arrange one, please contact us online or call our main office in Pembroke Pines at (954) 431-8100 today.

September 26, 2008

Three Arrested for Dumping Carcinogen in Wetlands

Three men were arrested Sept. 12 for allegedly dumping asbestos-laden debris into Central Florida’s Green Swamp more than 43 times over this summer, the Orlando Sentinel recently reported. According to the report, Ronnie Lee Spears, Jr. of Bartow told his employees at the Florida Environmental Compliance Corporation to dump asbestos-laden tiles in the swamp in order to save on landfill fees. Another employee, Thomas Barnhill, arranged for the dumping, and Warren Gregory Gay, the owner of the land, participated and allowed it. All three men were arrested after a tipoff sparked a joint state and local investigation into the practice, which the Sentinel reported may have saved the company more than $10,000.

Dumping is a crime in Florida, of course, and it's despicable that some people feel entitled to spoil our environment in order to save a few dollars. But what really raises eyebrows in this case is what was dumped -- asbestos building materials. Asbestos causes cancer, and it has been known to cause cancer for decades, which is why its use in buildings and other applications is highly restricted. In fact, the type of cancer it causes is a particularly fast-acting cancer called mesothelioma, which is frequently not diagnosed until it has reached an advanced state. Victims of mesothelioma are generally given months, rather than years, to live. In short, mesothelioma is an ugly disease -- but because asbestos is almost always the cause, it is also highly preventable.

Because asbestos makes people sick, special precautions must be taken when it's removed from buildings, as it was in this case. In fact, I wouldn't be surprised to learn that the Florida Environmental Compliance Corporation specializes in that sort of high-risk removal -- which would make it highly ironic that the company's employees (apparently acting on their own) exposed others to this carcinogen by introducing it into our air and water. Their company is cleaning up the swamp at its own expense (which I applaud), but its employees could still be legally liable in any asbestos exposure lawsuit or mesothelioma lawsuit that results from their careless and illegal behavior.

If you or someone you care about is suffering from mesothelioma or another asbestos-related disease, please contact Cohn, Smith & Cohn as soon as possible to discuss your case and your legal options.