Posts Tagged ‘benzene lawsuit’

Man with MDS Files Benzene Lawsuit

Friday, March 6th, 2009

A Kentucky man who has been diagnosed with myelodysplastic syndrome (MDS) has filed a lawsuit against 18 companies for damages in excess of $200,000. He claims that his condition was caused by benzene exposure suffered during his work as a pipefitter, oil burner, and maintenance and repairman.

MDS is considered a precursor to a rare type of cancer known as acute myelogenous leukemia (AML). In fact, about one-third of all patients with MDS eventually develop AML - a condition linked to benzene exposure, which often occurs in high risk jobs such as the ones worked by Earl Brumleve.

Individuals who work in high risk occupations should look into the various state and federal regulations that govern workplace benzene exposure. Employers generally have an obligation to minimize the risk to their workers, and it’s important that workers understand their rights. In instances where workers’ rights have been violated, a lawsuit may be an appropriate course of action.

Ford Sued in Toxic Sludge Lawsuit

Friday, February 6th, 2009

More than 650 residents of Ringwood, New Jersey, are suing Ford Motor Company over a toxic waste dump known as Sludge Hill. The area is one of the most polluted in the country and has been for decades - It’s been listed on the Environmental Protection Agency’s superfund list twice.

During the 1960s, Ford used the area to dispose of toxic by-products of its manufacturing processes. Paint, chemicals and battery acid-these and other hazardous waste products melted together to form a now rock hard toxic sludge that was originally a colorful liquid slime.

Residents Blame Sludge for Health Problems
The sludge contains benzene, lead and arsenic. Residents in the benzene lawsuit say the sludge contaminated their groundwater and many allege that they are sick as a result. Not surprisingly, Ford is denying any connection between the residents’ health problems and the toxic sludge.

In fact, the company is taking a defense similar to the tobacco companies by saying that genetic factors or benzene from the environment could have caused the residents’ current health issues. Ultimately, this defense did not work for big tobacco and hopefully it won’t work for Ford either.

Alan Steinberg, who heads the regional EPA, acknowledged that the residents’ health issues could very well be an effect of the benzene and other toxins they’ve been exposed to for so long. “…is there a potential that this contamination has resulted in sickness? Absolutely. I would still be very angry if I were a citizen of Upper Ringwood,” he said.

Suit Blames Former Employers for Benzene Exposure

Wednesday, December 31st, 2008

A couple living in Brazoria County, Texas, recently filed a lawsuit against several petrochemical companies claiming they are responsible for a man’s benzene exposure. As a result of benzene exposure the man reportedly developed leukemia.

The suit, which was filed by Jan and James Callihan, names Univar USA, Atlantic Richfield Company and Shell Chemical LP, amongst others as defendants.

Leukemia Lawsuit Details

James Callihan claims that he was exposed to benzene after working with products that contained the harmful substance for over 20 years. Callihan began working with and around products that contained the known carcinogen in the 1960’s and claims he was never warned of the risks associated with the toxin.
“The plaintiffs would show that the negligence made the basis of this lawsuit, as committed by the defendants, was of such a nature so as to constitute gross negligence as that term is applied and interpreted by the State of Texas,” explains the lawsuit.

Products Containing Benzene Cause Illness

James Callihan was responsible for handling paint products that were manufactured, distributed, and sold by Sherwin-Williams. All of these products reportedly contained benzene. He also became the victim of exposure from the five other defendants during his time working as a journeyman laborer.
The Callihans state in the suit that James Callihan developed permanent and disabling injuries due to his benzene exposure, which eventually developed into acute myelogenous leukemia.
James and his wife are seeking compensation for their pain and suffering, mental anguish, physical impairment, lost wages, and acquired medical expenses.

Family Sues Texaco Over Benzene Exposure

Wednesday, November 26th, 2008

According to reports, the family of a deceased refinery worker recently filed a lawsuit against the worker’s former employer, Texaco. Although 14 other corporations have been named in the lawsuit, Texaco is serving as the primary defendant. The refinery worker’s life was taken at an early age due to cancer and the family claims that the cancer was wrongfully caused.

Lawsuit Details

The lawsuit was filed by plaintiffs Kelly Dial and Wesley Maida, who are the children of the deceased worker, Samuel Maida Jr. According to the suit, Samuel worked for Texaco at its Port Arthur facility for several years before the 1970’s when the risks of benzene were discovered.

Samuel was allegedly exposed to benzene, a known carcinogen, during his time at Texaco but was not warned of the risks or protected in any way. As a result, his health was jeopardized and his life was taken at any early age. The company reportedly failed to warn any of their workers of the dangers of benzene and the suit states that they were negligent and should have been aware that their products were dangerous and contained benzene.

Man Suffers from Leukemia

As a result of the benzene exposure, Samuel spent the last months of his life suffering from leukemia before it suddenly took his life. Among the other defendants named in the suit are Chevron, Dow Chemical, and PPG Industries.

Samuel’s family claims that he suffered extreme mental anguish and physical impairment before his life was taken. His family also reportedly had to pay thousands in medical expenses, suffered from loss of companionship and lost wages due to their sudden loss.

“Such Defendants have not only demonstrated a willingness to sacrifice human beings such as Samuel Maida Jr., but they have inexcusably neglected to utilize available technology and methods and neglected to develop new technology and methods to control such hazards,” claims the suit.

Woman Diagnosed with Leukemia Files Suit

Friday, November 14th, 2008

A woman who was recently diagnosed with myelogenous leukemia has filed a lawsuit against her former employer blaming them for her illness. The suit names 12 corporations for exposing her to benzene, a toxic chemical that is commonly linked to leukemia. The suit was filed in Madison County, Texas, early last week.

Benzene is a known carcinogen that is typically used as an additive in various dyes, gasoline and synthetic rubber. Those who are exposed to the solvent over an extended period of time are susceptible to developing different forms of cancer like leukemia and lung cancer.

Leukemia Lawsuit Details

Paula Dangerfield was employed with Afton and Reilly Industries for over a decade and believes that during her employment she was wrongly exposed to benzene.

“By working with and being exposed to the aforesaid benzene-containing products, Plaintiff was cumulatively exposed to benzene,” the suit explains.

The twelve corporations are being accused of negligence due to the fact that Dangerfield was never warned of the dangers of the chemicals she was working with and around. Several of their products reportedly contain benzene, which in turn caused harm to employees like Dangerfield who worked with them daily.

Dangerfield also claims that during her employment she was forced to do work in areas that were marked “Benzene-Regulated Areas but was given no protective gear. She is hoping to be compensated for her mental and physical suffering as well as all medical expenses she is being forced to endure because of her health condition.

Exxon Trial Gets Underway

Thursday, October 30th, 2008

It was announced last Tuesday that ExxonMobil Corp. would be going to court in a billion-dollar lawsuit against them. The company reportedly chose its bottom line over the well-being and safety of the Maryland community and as a result, may have to pay a hefty price.

Faulty equipment from Exxon’s site allowed for a leak from a damaged fuel line in 2006 for more than a month. As a result, 25,000 gallons of contaminated wells, including deadly toxins like benzene, were emitted putting hundreds of locals at risk.

Exxon Under Fire for Benzene Exposure

“Exxon was on notice it had problems with the line leak detector … and they did nothing. It’s not like they didn’t have the economic wherewithal to do something,” Stephen L. Snyder Snyder told jurors in his opening statement in Baltimore County Circuit Court. “This was a corporation that knowingly or deliberately left in an unreliable piece of equipment.”

According to reports, an estimated 150 observers, many of them plaintiffs, packed the Jacksonville courthouse nearly an hour before the trail began. Snyder stands to represent them all and has supposedly asked all of them not to speak to reporters regarding the trial.

Company Accused of Breaking the Law

The documents which Snyder as presented to the jury thus far reportedly detail how Exxon knowingly went against the law and the good of the people, acting with negligence. As early as 1998, Exxon officials reportedly knew that the line leak detectors were outdated which could make for potential problems, though they failed to do anything.

Burke & Eisner Law Blog is proudly powered by WordPress
Entries (RSS) and Comments (RSS).