Asbestos-Related Cancer Claims Third Family Member Lawsuit Filed

New York Mesothelioma Attorneys File Lawsuit in Syracuse, NY After Rare Asbestos-Related Cancer Claims Third Family Member

Levy, Phillips & Konigsberg, LLP, New York mesothelioma attorneys, filed a lawsuit today in New York State Supreme Court, Fifth Judicial District, Onondaga County, Syracuse, on behalf of the third family member from Jefferson County, New York, to die from mesothelioma.

Donald Lozo, 67, who died in August 2005, was exposed to asbestos from talc, as was his late sister, Catherine, and late mother, Mary, who also died of asbestos-related cancer. Donald Lozo worked for more than a decade at the Carbola Talc Mine, Natural Bridge. Natural Bridge had a population of approximately 392 persons according to the 2000 Census and zero mesothelioma deaths would be expected.
The Lozo family's mesothelioma tragedy began in the 1930s when Alfred Lozo, husband of Mary and father of Donald and Catherine, began working at the Carbola Mine. For decades Albert Lozo would return from work at the mine with talc dust on his clothing and in the family car. Mary, Donald and Catherine were constantly exposed to this asbestos-laden talc dust.

Donald Lozo, whose estate filed its case today, also was exposed to contaminated talc when he worked in the mill at Carbola Mine in the 1950s and early 1960s. He also was exposed to asbestos used in industrial products while working as a member of Iron Workers Union, Local 60 beginning in the mid 1960s. The Carbola Chemical Company is one of the entities believed to be responsible for mining and milling operations during the years in which Alfred and Donald Lozo worked at the Natural Bridge facility, according to Patrick J. Timmins, Esq., another one of the New York mesothelioma attorneys working on the Lozo's case.

For years scientists have noted the high rates of asbestos-related cancer in New York State talc mining counties. One 2002 study published by the British Occupational Hygiene Society found Jefferson County, in which Natural Bridge is located, with the second highest mesothelioma death rate for females in the U.S. and the sixth highest for males, according to Komitor. Additionally, published studies have independently confirmed at least 15 mesothelioma deaths among talc workers in New York State.

Independent scientists and the National Institute of Occupational Safety and Health ("NIOSH") analyzed New York State talc in the 1970s and concluded that it was contaminated with asbestos. More recently, the New York State Department of Health again confirmed the presence of asbestos in the talc ore, Komitor said.

To read the full article and case captions visit Levy, Phillips & Konigsberg, LLP

New York Supreme Court Permits Asbestos Exposure Lawsuit to Go to Trial Against Cable Manufacturer, Okonite Company

A New York Supreme Court Justice has ruled that the asbestos exposure lawsuit of a former Elizabeth, New Jersey resident will move to trial, denying a motion for summary judgment filed by a cable manufacturer, The Okonite Company.

Leonard Shafer died at the age of 73 from mesothelioma. He was first exposed to asbestos working as an electrician at the Brooklyn Navy Yard in the 1950s. Evidence submitted by Shafer’s mesothelioma trial attorneys to the Court proves that, as early as January 10, 1941, Okonite was approved to sell asbestos-containing armored cable to the Navy. At the time of the approvals in 1941, cable manufacturers were required, under Navy Specifications, to include asbestos in heat and flame resistant, armored cable. However, military records establish that, in September 1941, cable manufacturers were given a choice whether to use asbestos or glass fiber. Despite the asbestos hazards to health, Okonite continued to sell to the Navy asbestos-containing armored cable.

Carmen St. George, a mesothelioma trial attorney in the New York and New Jersey offices of Levy Phillips & Konisberg, said that, "Mr. Shafer's death from mesothelioma could have been avoided if these companies would have acted responsibly and warned about the health hazards of asbestos. Justice Freedman's ruling properly places the factual issues surrounding Mr. Shafer's asbestos exposure where it belongs -- in the hands of the jury."

If successful, the Shafer mesothelioma case may pave the way for other litigants to proceed against Okonite for asbestos exposures into the 1950's.

Employees Exposed to Asbestos

According to The Post-Standard, Aapex Environmental Services could be fined thousands of dollars for exposing employees to asbestos during a botched cleanup project at the former Agway building in DeWitt.

The U.S. Labor Department's Occupational Safety and Health Administration (OSHA) cited Aapex for six "willful and serious" health violations and proposed fining the company $57,000. OSHA inspectors began investigating Aapex in November last year. OSHA identified several laws the company broke while doing work at the former Agway building, such as failed to monitor its employees' exposure to asbestos, falsified records, failed to perform proper air-sampling tests, failed to train employees on how to properly contain asbestos and allowed asbestos-contaminated water to leak from work areas.

According to the article, an Aapex supervisor in charge of the asbestos removal pleaded guilty last month to one felony count of conspiracy to violate the Clean Water Act, Clean Air Act and Superfund law and faces up to five years in prison and up to $250,000 in fines when he is sentenced Aug. 21 in federal court.

This wasn't the first violation for Aapex, in 2002 after owners admitted to improper practices during a job at Crucible Specialty Metals, OSHA issued Aapex four serious citations and the company agreed to pay $3,087 in fines.

Have you been exposed to asbestos in the workplace and want more information? Read more on asbestos exposure.

Asbestos Hazards in Ford Training Manuals Ruled by Court

On March 5, 2007, New York County Supreme Court Justice Karen S. Smith ruled that training manuals from Ford Co., and other companies, can be submitted at trial. Admissions of Ford that its asbestos-containing brakes are hazardous and can cause cancer. This ruling was handed down in a case involving complex asbestos litigation filed in New York City by the mesothelioma lawyers of Levy Phillips & Konigsberg, LLP.

The Ford training manuals' references to the asbestos hazards contradict Ford's position that asbestos-containing brakes are safe. The training materials are part of Ford's nationwide training program for independent Ford dealership employees, vocational instructors and automotive students. Ford offers its training materials to these groups as well as the public at large through the sale of publications, videos, and web-based training. In these materials, whenever Ford addresses asbestos in brakes, it warns of the asbestos hazards to health and often warns that asbestos from brakes can cause diseases including cancer.

To read the full article see Levy Phillips & Konigsberg, LLP news release, New York County Supreme Court Justice Rules that Admissions in Ford Training Manuals that Reference Asbestos Hazards to Health Are Admissible at Trial.

New York and New Jersey mesothelioma lawyers, Levy Phillips & Konigsberg, LLP, have filed complex asbestos litigation on behalf of numerous mesothelioma victims who were exposed to asbestos health hazards from automotive brakes. To seek legal counsel from Levy Phillips & Konigsberg, LLP go to www.LPKLaw.com