Mesothelioma Patients and their Families

Baron & Budd won appellate victory for mesothelioma victims in Texas.

At the beginning of the decade, Baron & Budd attorneys won a case before the Texas Supreme Court that protected the rights of mesothelioma victims who had previously been diagnosed with a separate and distinct asbestos-related disease like asbestosis. In Pustejovsky v. Rapid-American Corp., 35 S.W. 3d 643 (Tex. 2000), the court held that mesothelioma victims who previously settled a claim for asbestosis could bring a second lawsuit for mesothelioma. Until this case was decided, Texans had only one chance to recover for an asbestos-related injury, even if they developed cancer later. Many states now recognize the “second injury rule”—that people who develop mesothelioma should be able to recover from the companies who caused their cancer, even if they suffered, and recovered for, a less serious asbestos-related disease in the past.

Admiral Elmo R. Zumwalt, Jr. died of mesothelioma.

Admiral Elmo R. Zumwalt, Jr., who was the youngest Chief of Naval Operations in U.S. history and became a champion for men and women in our nation’s service. He developed mesothelioma as a result of asbestos exposure aboard Navy ships. Baron & Budd was honored to represent his family against the asbestos manufacturers whose actions caused his death.

U.S. Congressman Bruce Vento died of mesothelioma.

Congressman Bruce Vento served in the U.S. House of Representatives for 24 years and was known as a champion of the environment, American worker and the homeless. As Committee Chairman of the Natural Resources Subcommittee on National Parks, Forests and Public Lands, he was central in the passage of over 300 laws that protect our country’s natural resources and was honored many times over as a dedicated conservationist. He died of mesothelioma in 2000, caused by asbestos exposure during a summer job as a very young man.

9/11 terrorist attacks released asbestos and other toxins over lower Manhattan.

As the national grieved and struggled to get past the devastation of the 9/11 terrorist attacks, no one wanted to think about the ongoing risk of asbestos and other environmental toxins that were released when the World Trade Center towers were destroyed. To this day, it is difficult to find accurate and consistent reports about the scope of the problem and level of contamination in lower Manhattan. What is clear is that those who worked at Ground Zero continue to feel the effects of their exposure. More than eight years after the attacks, one in four Ground Zero workers struggle with persistent lung problems according to a recent study. About 60,000 people participate in the federal health monitoring program, and for these and other first responders, the consequences of the 9/11 terrorist attacks remain with them every day.

Senator Patty Murray introduced bill to ban asbestos in the United States.

In 2002, Senator Patty Murray introduced a bill to ban asbestos in the United States. While a ban has still not been passed, Senator Murray has continued her efforts to protect Americans from the effects of asbestos exposure.

Libby, Montana was added to the EPA’s National Priorities List.

After nearly two years of investigation into asbestos-containing vermiculite from W.R. Grace’s mine, the EPA added Libby, Montana to the National Priorities List. This would be just one step in the saga of asbestos poisoning in the small town of Libby.

Scientist Stephen Jay Gould died after battling peritoneal mesothelioma for 20 years.

After battling peritoneal mesothelioma for 20 years, scientist and writer Stephen Jay Gould died of an unrelated lung cancer. One of the best known and most influential evolutionary biologists in history, Gould was the author of 20 best-selling books and almost 1000 scientific articles. He was a winner of both the National Book Critics Circle Award and the National Book Award.

U.S. Supreme Court recognizes recovery for asbestos victims’ fear of cancer.

In Norfolk & Western Ry. Co. v. Ayers, 123 S. Ct. (2003), Baron & Budd represented Public Justice as amicus curiae (“friend of the court”) to help persuade the U.S. Supreme Court that a victim of asbestosis should be able to recover damages for his or her reasonable fear of contracting an asbestos-related cancer.

Singer-songwriter Warren Zevon died of mesothelioma.

Singer-songwriter Warren Zevon, best known for his hit “Werewolves of London,” began his career as a songwriter for Linda Ronstadt and the Everly Brothers. He collaborated with a number of other musicians, including the Eagles, Jackson Browne, Linda Ronstadt, Pink Floyd, Little Feat, Jefferson Airplane, Jerry Garcia and Neil Young. His last album, The Wind, was completed during his illness and won two posthumous Grammys.

ADAO is founded by a ground of asbestos victims and their families.

Asbestos Disease Awareness Organization (ADAO) was founded in 2004 by asbestos victims and their families to advocate for asbestos victims with a unified voice and to raise awareness about the asbestos tragedy in the United States

Hurricane Katrina hits New Orleans and Gulf Coast of Louisiana and Mississippi.

When Hurricane Katrina struck New Orleans and the Louisiana and Mississippi Gulf Coast, the destruction released asbestos from residential and commercial buildings. Asbestos exposure was recognized as one of the risks to returning families. With so many buildings needing to be demolished, asbestos-containing debris exceeded the capacity of the qualified landfills and the EPA explored alternative methods of dealing with the hazardous debris.

Georgia Supreme Court holds asbestos claims statute unconstitutional.

Baron & Budd attorneys successfully argued to the Georgia Supreme Court in Daimler Chrysler Corp., et al., v. Ferrante, et al., 281 Ga. 273, 637 S.E.2d 659 (2006) that the state’s asbestos statute, OCGA § 51-14-1 et seq., was unconstitutional because it interfered with the rights of asbestos victims who had already developed an asbestos-related disease before the statute was enacted.

Olympic athlete Terry McCann died of mesothelioma.

Olympic wrestler Terry McCann brought home gold from the 1960 Olympics in Rome. His job at an oil refinery in the 1950s, which helped fund his Olympic dream, exposed him to asbestos and caused him to develop mesothelioma many years later. Terry McCann was a co-founder of the United States Wrestling Federation (now known as USA Wrestling), which governs U.S. wrestlers involved in regional, national and international competitions. He was inducted into the US Wrestling Hall of Fame, the United States Olympics Hall of Fame, the International Wrestling Hall of Fame and the Amateur Wrestling Hall of Fame.

Asbestos was found in popular children’s toys.

In the midst of Christmas shopping season, the Asbestos Disease Awareness Organization (ADAO) announced that it had found asbestos in some popular children’s toys and a number of household consumer goods. ADAO spend $165,000 over 18 months on asbestos testing, and the organization publicized the problem and shared the results of its testing with the CPSC and the EPA.

EPA released current version of the “Gold Book.”

In 1986, the EPA released the original Gold Book—a booklet with a gold cover that warned automotive mechanics about the danger of asbestos exposure from asbestos-containing friction products. In 2007, the EPA released the most recent version of the Gold Book: Current Best Practices for Preventing Asbestos Exposure Among Brake and Clutch Repair Workers, recognizing that asbestos exposure is still a risk for automotive mechanics.

Former White House Chief of Staff Hamilton Jordan died of mesothelioma.

Hamilton Jordan, White House Chief of Staff for the Carter Administration, was a key advisor and strategist in Jimmy Carter’s 1976 presidential campaign. He also worked with businessman H. Ross Perot in his 1992 third-party presidential campaign.

Scottish MP John MacDougall died of mesothelioma.

In 2005, John MacDougall, a longtime member of Labour Party in Scotland, won the UK Parliament seat for Central Fife. His loyalty to the Scottish Labour Party was born out of his own work in shipyards and construction yards. This work also exposed him to asbestos, which caused him to develop mesothelioma later in his life.

The EPA declares a public health emergency in Libby, Montana.

After a decade of investigation and cleanup, while hundreds have grown sick and died from asbestos-related diseases in the small town in the mountains of Montana, the EPA has declared a public health emergency in Libby, Montana.

Baron & Budd attorneys won appellate victory for mesothelioma victims in Louisiana.

In Rando v. Anco Insulations, 2008-C-1163, 1169 (La. 5/22/09), 16 So.3d 1065, Baron & Budd attorneys successfully argued to the Louisiana Supreme Court that mesothelioma victims who were occupationally exposed to asbestos before 1975 have the right to pursue claims against their employers for their asbestos-related disease. The case resolved a longtime split among the courts of appeal by holding that these claims are not barred by Louisiana’s workers’ compensation law.

Baron & Budd attorneys won appellate victory against asbestos brake manufacturers.

In General Motors Corp. v. Grenier, No. 453,2007, 578,2007, ___ A.2d ___, 2009 WL 2581722 (Del. Aug. 24, 2009), Baron & Budd attorneys won an appeal before the Delaware Supreme Court that upheld the reliability of evidence that exposure to asbestos-containing automotive brake and clutch products can cause mesothelioma.

Minnesota State Representative Dennis Newinski died of mesothelioma.

Dennis Newinski, who served a term in Minnesota’s House of Representatives in the 1990s, was exposed to asbestos as a career machinist. In 1994, he ran against Congressman Bruce Vento for a seat in the U.S. House of Representatives and nearly won. He gave the invocation at the 2008 State Republican Convention.