The Injury Board Commentary - Toxic Substances

Carbon Monoxide Tragedy has Officials Pushing for Reform

Vicki Antion — Mon, 06 Feb 2012 13:17:44 GMT

On Tuesday, Jan. 31, 2012, a carbon monoxide leak caused by a hotel swimming pool heater took the life of one Rhode Island man and sickened several others. The victims were staying at the Corridor G Holiday Inn Express in South Charleston, West Virginia while working on a project at Yeager airport with the Rhode Island Rosciti Construction Company.

In the aftermath of this catastrophic incident, city officials have reportedly begun looking into whether carbon monoxide detectors should be required for public facilities and will consider issuing new regulations after studies have been conducted. Currently, West Virginia only requires carbon monoxide detectors in homes with certain types of cooking stoves. Furthermore, Michigan, New Jersey and Vermont are the only states that require carbon monoxide detectors in hotels or motels.

According to the American Medical Association (AMA), carbon monoxide accounts for more than 2,200 deaths each year. So often, a tragedy must first occur for reform to be considered when it comes to common sense safety. Nationally, smoke alarms have been required in hotels since the 1990’s, so why not carbon monoxide detectors?

Carbon monoxide detectors typically cost less than $30 and can warn against the tasteless, colorless and odorless gas that kills thousands each year. I have trouble understanding why it takes a study to discern that requiring carbon monoxide detectors in public buildings is a worthy investment. Fund a study, or simply purchase and install a detector? Protect West Virginians, our state’s visitors and people in your home state. Please contact your local representative to discuss immediate carbon monoxide regulations for public facilities. It will save a life.

For more information on carbon monoxide poisoning and how to protect yourself and others, visit the Carbon Monoxide Safety Association website.

Originally posted at InjuryBoard by Vicki Antion

Benzene Leukemia Lawsuit Filed Over Hazardous Workplace

Shezad Malik MD JD — Fri, 03 Feb 2012 11:27:00 GMT

A Texas plaintiff has filed a toxic tort lawsuit against Chevron, DuPont, Exxon and other chemical companies, alleging that he developed leukemia from benzene exposure.

The benzene lawsuit was filed by Norvel Dorsey in January, in Jefferson County District Court in Texas. Dorsey named DuPont De Nemours, Chevron U.S.A., Exxon Mobil Corp. and some of its subsidiaries, Foster Wheeler Energy Corp., Gulf Oil Corp., Texaco, U.S. Steel and 4520 Corp. as defendants.

According to Dorsey, who worked as a pipefitter for various companies from 1960 until 1986, he was exposed to benzene in the workplace and through products made by the defendants. The lawsuit claims that benzene exposure led to the development of chronic lymphocytic leukemia.

The lawsuit accuses the companies of negligence, and claims that they knew their products and workplaces were hazardous to workers’ health. Dorsey claims that he suffered physical impairment, disability, and will require medical monitoring for the rest of his life.

Benzene is an industrial chemical that is used as a solvent in the production of drugs, synthetics and dyes. It has also been used as a gasoline additive, although limits have been placed on its use in fuel due to benzene’s dangerous health effects.

Exposure to benzene has been associated with the development of several fatal forms of cancer, leukemia and other conditions, such as Acute Myelogenous Leukemia (AML), Chronic Myelogenous Leukemia (CML), Acute Lymphocytic Leukemia (ALL), Chronic Lymphocytic Leukemia (CLL), Hairy Cell Leukemia (HCL), Non-Hodgkin’s Lymphoma, Multiple Myeloma, Myelodysplastic Syndrome (MDL), Myelofibrosis and Myeloid Metaplasia, Aplastic Anemia and Thrombocytopenic Purpura.

Originally posted at InjuryBoard by Shezad Malik MD JD

Carbon Monoxide: The silent, and often preventable, killer

Kevin Dean — Thu, 02 Feb 2012 09:33:14 GMT

According to the American Medical Association (AMA), the colorless, odorless and tasteless gas, carbon monoxide accounts for more than 2,200 deaths each year.

On Tuesday, Jan. 31, 2012, a Rhode Island man died and several others were injured by carbon monoxide inhalation caused from a leak in the swimming pool heater. The carbon monoxide levels at the hotel were measured at 500 to 600 parts per million and according to authorities, any reading over 30 parts per million is cause for concern.

The victims were staying at the Corridor G Holiday Inn Express in South Charleston, West Virginia while working on a project at Yeager airport with the Rhode Island Rosciti Construction Co. My heart goes out to the victim’s friends and family. It is all too often that these tragedies tend to strike the most vulnerable and the hardest working.

After hearing of incidents like this, it adds insult to injury to know that West Virginia only requires carbon monoxide detectors in homes with certain types of cooking stoves. Furthermore, that Michigan, New Jersey and Vermont are the only states that require carbon monoxide detectors in hotels or motels.

It has also been our experience in litigation that, time and again, tragic accidents involving toxic exposure are often avoidable. Our attorneys, specifically those practicing in our Rhode Island office, have spent years representing children harmed by lead paint poisoning. Although lead poisoning can be easily prevented, it remains among the most common health problems affecting our country’s children today. Similarly, although the means to help prevent hazardous asbestos exposure have been known for decades, our asbestos team in the West Virginia office witnesses daily how often people continue to suffer needlessly from asbestos-related diseases because manufacturers or their employers failed to provide simple preventative measures. Carbon monoxide poisoning is no different. Last December, we settled a case involving a grandmother who was killed by carbon monoxide poisoning from a boiler leak in her apartment. Her grandson, a toddler, survived the fatal leak but suffered severe neurological damage as a result of carbon monoxide exposure. I have a hard time accepting that this catastrophe could not have been avoided had detectors been in place and proper safety measures followed.

Here are some safety tips provided by the AMA to protect you, your loved ones and others from carbon monoxide inhalation:

Avoid using gas-powered engines (mowers, weed trimmers, etc…) in closed spaces
Ensure that flues and chimneys are inspected and cleaned regularly
Buy a carbon monoxide detector. Most run for $30 or less - a worthy investment
Have your fuel-burning appliances inspected annually
Know the signs. If you are in an enclosed area and start feeling dizzy, nauseous, short of breath, faint or confused, get out and get some fresh air immediately
Never idle a car in the garage
Never use an oven to heat your kitchen or home

For more information on carbon monoxide poisoning, how to protect yourself and educate others, visit the Carbon Monoxide Safety Association website.

Originally posted at InjuryBoard by Kevin Dean

Florida Produce Company Recalls Contaminated Sprouts

Ed Normand — Tue, 31 Jan 2012 09:20:00 GMT

A Florida produce company recalled 2,100 packages of alfalfa sprouts on January 19 out of fear of possible contamination and food poisoning, according to the SunSentinel.com. LEASA Industries, a specialty grower from Miami, suspected the sprouts may be contaminated with harmful salmonella bacteria. Winn-Dixie, the southern grocery chain, pulled all sprouts produced by LEASA during the same time.

This marks the first recall in the family-owned company’s 34 years. LEASA grows its sprouts at a hydroponic plant in Liberty City. The exact source and cause of the contamination is unknown. No illnesses or injuries have been reported.

“During a routine inspection, an inspector took a sample, and it was found to contain salmonella,” said LEASA spokesman Andrew Yap. “We’re working with the Food and Drug Administration and the Florida Department of Agriculture to determine what is the cause.”

The contaminated sprouts were sold in 6-ounce packages labeled ‘LEASA Living Alfalfa Sprouts.’ The UPC code is 7546555912 with an expiration of 2/1/12. If you think you have been injured by this product, do not hesitate to contact and injury attorney.

Wooten, Kimbrough & Normand, P.A.—Orlando personal injury attorneys.

Originally posted at InjuryBoard by Ed Normand

J&B Group Recalls Over 2,500 Pounds of Beef Sirloin

Mike Bryant — Sat, 28 Jan 2012 15:21:10 GMT

This past week, the United States Department of Agriculture and J&B Group, Inc., of St. Michael, Minn., recalled over 2,500 pounds of beef sirloin products due to products being misbranded and contain an undeclared allergen. The products contain milk, a known allergen, which is not noted on the label.

E. coli O157:H7 causes a diarrheal illness, often with bloody stools. There are cases of this illness that have become fatal. So seek immediate medical attention.

The products subject to recall are:

10.5-lb cases of 28 count, 6 oz. "ELLISON MEAT COMPANY BEEF SIRLOIN TOP BUTT STEAK, CAP OFF, NO ROLL, MARINATED," with an identifying case code of "62149."
10-lb cases of 16 count, 10 oz. "ELLISON MEAT COMPANY BEEF SIRLOIN TOP BUTT STEAK CAP OFF / TENDERIZED WITH FICIN & BROMELAIN," with an identifying case code of "62151."

The products subject to recall bear the establishment number "EST. 15805" inside the USDA mark of inspection. These products were produced between Jan. 1, 2011, and Sept. 7, 2011, and were distributed for institutional use in Mont., N.D. and Texas. It should be noted that consumers may not have access to the above labeling information.

Consumers with questions about the recall should contact the company's Vice President of Supply Chain, Russ Sjoquist, at 763-497-3913.

If you suffer from food poisoning, you need to get immediate medical care. If it continues or there are long term affects, you should contact an attorney concerning the problem. Early investigation can include the collection of samples, checking for health alerts, and the proper notifying of those who caused the problem.

Originally posted at InjuryBoard by Mike Bryant

How Good Is the Air Quality in Our Schools?

Randy Appleton — Fri, 27 Jan 2012 11:04:00 GMT

Matthew, a third-grader in Winsted Connecticut (CT), was consistently sick with a wet cough, severe headaches and ongoing respiratory infections. He missed 53 days of school due to his illness. He also suffered a bout of pneumonia and a sinus infection so severe that he was hospitalized.

But a peculiar thing happened during the summer. Matthew wasn’t sick; in fact, it was quite the opposite. He was energetic and healthy. Fast forward to the new school year, and he missed 10 days within the first 3 weeks due to a respiratory infection, said his mom Melissa Asselin. And that is when it started to become clear: "When he was out of school, he was well. When he was in school, he became ill," Asselin told CNN.

Indoor Air Problems

Researchers estimate that at least one-third of U.S. schools have dust, mold and other airborne allergans and pathogens in amounts large enough to exacerbate respiratory issues such as asthma in students and teachers.

A growing body of research suggests indoor air affects more than health. Students work better in schools that have healthier air. Moreover, an estimated 1 in 10 kids in the United States has asthma, which causes them to miss four days of school per year, on average, according to Centers for Disease Control and Prevention.

School Air Problems a Growing Concern

Funding cutbacks that result in fewer dollars for building maintenance and upkeep are a main cause of the school air problems, suggest researchers. As buildings continue deteriorating, there aren’t enough funds to correct the issue.

New York state health department researchers found a link between building maintenance at public schools and hospitalizations due to asthma. Poor conditions of boilers, walls, windows and roofs were contributors to the health of children at the school.

Children are particularly at risk because their bodies are still developing and they breathe in more air than adults.

Teachers Also at Risk

The problem extends beyond students, also puttig teachers’ health at risk. One teacher at a Fairfield, CT, school is on permanent disability with a handful of ailments, including chronic obstructive pulmonary disease. It cost the district more than $20 million to tear down the teacher's school and rebuild.

The takeaway message s that if your child or you are consistently sick with coughing, headaches and respiratory infections, consider that the air quality of the school might be the issue. For the Ansselins, homeschooling Matthew was the solution.

For more information on this topic, visit the CDC webste Initiating Change: Creating an Asthma-Friendly School.

About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.

Originally posted at InjuryBoard by Randy Appleton

Semper Fi - 30 Years of Contaminated Water at Camp Lejeune Captured in Film

Greg Webb — Wed, 25 Jan 2012 08:00:00 GMT

One might associate possible chemical contamination with landfills and leaching from rusted underground gas tanks, or the presence of nuclear fallout from tests during the 1950s and 1960s, or even from dumped industrial waste products finding their way to rivers in years gone by. But one would hardly think of a military base where families have lived, trained and worked for more than 50 years as the source of chemical contamination to the area’s water source.

U.S. Marine Corps Base Camp John A. Lejeune (Camp Lejeune) was a product of the beginning of World War II. On April 5, 1941, the U.S. Congress authorized more than 14 million dollars for its construction. As World War II had been growing angrier in Europe and U.S. military planners were preparing forces for America's entry into the War, the need for an amphibious training facility located on the East Coast was solved by the Department of the Navy’s purchase of the first 110,000-acre tract of land soon to be known as Marine Barracks New River, North Carolina. Since that time, the military base grew in area; and men and women trained for combat at Camp Lejeune have fought for this Country in the Pacific Islands, Korea, Vietnam, Kuwait, Afghanistan and Iraq and trained for humanitarian and peacekeeping missions in the Middle East and elsewhere around the world.

The documentary film, “Semper Fi: Always Faithful,” currently being considered for an Oscar by the Academy for Motion Picture Arts and Sciences, offers proof that Camp Lejeune is indeed the site of at least 30 years of underground water contamination the effects of which may have caused many illnesses and deaths of those exposed, including the young and the infirm. According to a January 21^st article in The Washington Post by the Associated Press correspondent Darryl Fears, “the Marine Corps at Lejeune routinely dumped fluids containing harmful chemicals, which leached into groundwater and eventually contaminated a well. For decades, buried tanks also leaked fuel, allowing the chemical benzene, a known carcinogen, into the ground nearby.” Local cemeteries swollen with the graves of babies, such as one cemetery area dubbed, Baby Heaven and another dubbed “Baby Land”, are believed to contain the graves of hundreds of those affected most severely by the water’s contamination.

Mike Partain and Jerry Ensminger, who both suffered personal and family illnesses - as well as the tragic death of Ensminger’s young daughter from cancer believed to be caused by the contaminants in the water at Camp Lejeune - authored the documentary. The two are credited with uncovering records showing that the leaked fuel which caused the water contamination was exponentially greater than the Marine Corps admitted or acknowledged. In addition, Partain and Ensminger found 73 men who had lived at Camp Lejeune and experienced breast cancer in a greater concentration than would have been expected for the area under normal circumstances, as it is considered a rare illness in men.

Congressional hearings which took place in 2007 brought to light the facts that the Camp had ignored a directive from the Navy Department to inspect its water systems for possible contamination and to develop a protocol for the safe disposal of hazardous compounds. The Camp also failed to study the health risks of its water following the discovery of toxic compounds in the early 1980s and did not notify Marines and their families of the contamination. Approximately one million people rotated in and out of the base from the late 1950s to the late 1980s. Many people did not even know they had been exposed to contaminated water until they received a government-sponsored questionnaire in the late 1990s. What will happen to those impacted by this incredible and outrageous disregard for the well-being of local citizens, including marines that served our country, and their families? The fact that this happened on a United States Marine Corps base is astounding - a place where most Americans would feel safe. Will our country - the Navy, the Marines - make restitution to these families for their losses?

Maybe some in the Marine Corps should look again at their motto, their creed: "Semper Fi."

Originally posted at InjuryBoard by Greg Webb

Canada's role in 3rd world asbestos pollution

Steven Kazan — Mon, 09 Jan 2012 14:20:45 GMT

Hypocrisy abounds in Canada’s dealing with its asbestos industry. The material is banned in Canada and the government has spent—and continued to spend—millions of dollars to remove asbestos from buildings though out the country. On the side, however, the government not only allows asbestos mining and export to less-developed countries to continue, but actually takes steps to encourage that export. While the government acts to protect its own citizens on the basis of overwhelming scientific evidence of the health risks of asbestos, it allows the industry to export this toxic substance into countries that are less-equipped to protect their own citizens.

A recent article in the Montreal Gazette classifies Canada’s behavior as the country’s most recent sin as a big polluter of the third world. The asbestos industry casts a dark shadow over Canada’s environmental and human rights record internationally as it promotes industry in the third world that it deems unsafe for its own citizenry.

In the developing world, asbestos and asbestos-related illnesses continue to be major health and safety issues. According to the Gazette report, the World Health Organization found that in India alone—one of the countries to which Canada exports its carcinogenic asbestos fibers—nearly 8,000 people die because of asbestos each year. Globally, the WHO estimates the annual number of asbestos-related deaths to be more than 100,000. By allowing and even encouraging asbestos exports to these countries, Canada is simply feeding into this problem.

But fortunately, criticism against Canada is growing—both from within the country and internationally. Pressure is starting to mount to force Canada to close its last remaining asbestos mines and eliminate the export of the toxic mineral. Now, for the first time in 130 years, the country’s two remaining asbestos mines have stopped producing the mineral. The Thetford Mines closed as a result of operational difficulties, while the Jeffry Mine is in financial difficulty; it desperately needs a $58 million loan guarantee from the government to reopen.

Both mines are hoping to resume operations, but in the meantime some advocates see this temporary halt as an important opportunity to close the door on asbestos mining once and for all.

Originally posted at InjuryBoard by Steven Kazan

Is a cancer-causing, radioactive gas seeping into your home?

Paul Napoli — Sun, 08 Jan 2012 20:55:29 GMT

The federal government wants homeowners and tenants to learn if they are at risk for lung cancer associated with radon gas seeping into their home.

The U.S. Environmental Protection Agency (EPA) has declared January as National Radon Action Month, part of a broad government effort to raise awareness about the risks of radon exposure.

In 2011, the EPA, General Services Administration and the Departments of Agriculture; Defense; Energy; Health and Human Services; Housing and Urban Development; Interior; and Veterans Affairs joined together to launch the Federal Radon Action Plan. The goal of the group is to promote the importance of radon testing and mitigation, and to create radon service and construction jobs.

Radon is a cancer-causing, radioactive gas that occurs naturally across the United States from the breakdown of uranium in rock, soil and water. It can seep into buildings through:

Cracks in foundation or walls
Construction joints
Gaps in suspended floors
Gaps around electrical and plumbing piping
Cavities inside walls
Water supply

While smoking is the number one cause of lung cancer, radon is the second. It is the number one cause of lung cancer in non-smokers. A 2003 report entitled EPA’s Assessment of Risks from Radon in Homes estimates that 21,000 lung cancer deaths from radon exposure occur annually.

How can you protect yourself from radon?

Radon has no smell or taste. Therefore, people need a radon testing kit or test by a qualified radon specialist to determine the level of radon in their home or water. Consumers can obtain radon test kits at their local hardware store, home improvement store or order online. If testing shows a high radon level, mitigation is necessary. Radon mitigation usually costs between $500 and $2500 for the average single family home.

People not only encounter radon at home. Radon can enter all types of buildings so they may also suffer exposure in other places such as at work or school. The U.S. Department of Labor’s Occupational Safety & Health Administration (OHSA), and some state and local governments, have regulations regarding radon monitoring or exposure in the workplace.

Property owners who fail to test for radon in rental properties may unnecessarily expose their tenants to radon. Tenants should ask if property owners tested for radon and if so get a copy of the test results. Tenants may also perform their own radon testing. The EPA has issued this Radon Guide for Tenants.

As for radon and real estate transactions, buyers should ask if the seller has performed radon testing of the property’s indoor air or water, or had any type of mitigation. Some sellers may have these test results ready in advance to facilitate the speed of the sale. State real estate transaction disclosure laws vary and sellers may not always be compelled to tell buyers of radon conditions.

If buying new construction, the buyer should ask the builder about the use of radon resistant construction methods.

Get the facts about radon and lung cancer risk.

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Originally posted at InjuryBoard by Paul Napoli

No Easy Cure for a Hangover

David Mittleman — Sat, 31 Dec 2011 09:53:19 GMT

We're now just hours away from ringing in 2012 and if you have party plans you might be thinking of ways you can avoid a hangover this year. While there are many tricks out there to help prevent a hangover (including aspirin, vitamins, sports drinks, and even weird folk remedies like eating a peanut butter and jelly sandwich), the best method is simply not to get drunk.

Granted, not getting drunk on New Year's might be too radical of a remedy for many partiers. There are remedies that can soften the blow of overindulging in alcohol. The one that tops the list, and the one you're probably most familiar with, is not drinking on an empty stomach. Additionally, drinking plenty of water before, during and after consuming alcohol can help the body stay hydrated.

Interestingly, 1 in 4 people who consume too much alcohol never experience hangovers. Although that may seem enviable, these people are also the most likely to become alcoholics. Overall, experts say there is no easy cure for a hangover--the best remedy is time. So ring in the New Year with a glass of wine or your other favorite drink, but remember there is no easy cure for a hangover and you're likely to experience one if you drink too much.

Originally posted at InjuryBoard by David Mittleman