Alabama Personal Injury Blog - Toxic Substances

TVA - Kingston Plant Cleanup Cost Could Exceed $800 Million

Pete Mackey — Thu, 19 Feb 2009 10:30:58 GMT

The Tennessee Valley authority has revealed that the cleanup cost for the rupture of a containment pond in East Tennessee could reach the $825 million mark. When that containment pond ruptured, more than a billion gallons of coal ash sludge flooded homes and waterways near the Kingston Fossil Plant. This cost only covers the amount it will take to clean up the coal sludge. It does not take into account any fines levied or the financial impact on affected residents in the area.

In a perfect world, government regulation would not be necessary. Not only is our world imperfect, however, it is very imperfect. Setting and enforcing standards that protect human health and safety are perfect examples of the government's role. We have been told, for the longest time, that government regulations are just not necessary and inhibit the free flow of capitalism. In his first inaugural address, Ronald Reagan said that “government is not the solution to our problem; government is the problem.” The various crises that have befallen us over the last few years indicate otherwise.

I sincerely hope (and believe) that this Administration is taking a long hard look at environmental regulations, both those rolled back by the Bush Administration and those of which have not yet been enacted. If we do not do something soon, we may run out of time. You talk about leaving a problem for future generations ...

Originally posted at InjuryBoard by Pete Mackey

Limitations on Damages

Pete Burns — Tue, 03 Feb 2009 15:07:53 GMT

It is interesting that Ga. is debating tort deform while the salmonella outbreak that has resulted in over 800 recalls has been traced to a Ga. plant with a history of sending out products in which traces of salmonella have been found. Why should the state protect that plant from being responsible for the full consequences of its conduct?

If a company looses millions of dollars as a result of the poisoned peanuts the Chamber of Commerce will surely understand that the company which negligently distributed the contaminated product should fully compensate the injured business.

However, if a child dies from salmonella poisoning the “tort deformers” want to put a limit on the amount the plant will have to pay regardless of how recklessly or even criminally it acted. Limitations on damages subvert our system of justice by preventing juries from doing justice.

Originally posted at InjuryBoard by Pete Burns

The Problem With Fly Ash Sludge - The Other Shoe Drops

Pete Mackey — Thu, 08 Jan 2009 08:33:25 GMT

Prior to the fly ash sludge holding pond rupturing at the Kingston, Tn. steam plant on December 22, not many people even knew what fly ash was. In the aftermath of that disaster, news surfaced that the Tennessee Valley Authority's inspectors had reported as early as March of last year that the same problem existed, and was ignored, at a similar plant in Alabama.

Yesterday, an article in the New York Times reported that, despite these holding ponds containing several types of heavy metals considered by the Environmental Protection Agency to be threats to human health and our nation's water supply, they are not subject to any federal regulations:

“Your household garbage is managed much more consistently” than coal combustion waste, said Dr. Thomas A. Burke, an epidemiologist at the Johns Hopkins Bloomberg School of Public Health, who testified on the health effects of coal ash before a Congressional subcommittee last year. “It’s such a large volume of waste, and it’s so essential to the country’s energy supply; it’s basically been a loophole in the country’s waste management strategy.”

If you have followed the last several entries that I have posted dealing with problems in the financial sector, the nursing home industry, the environment, children's toys and the Michigan prison system, you have undoubtedly noticed a recurring theme - the lack of governmental regulation. The last eight years saw reams of good regulations repealed in the name of free enterprise. Consider also that these are the same folks who want to limit what you can recover in a lawsuit. If the state and federal governments and lawyers can not protect you, who will?

What do you think? Is there a better solution out there?

Originally posted at InjuryBoard by Pete Mackey

Homeowners Sue TVA for Environmental Spill

Pete Mackey — Thu, 01 Jan 2009 12:48:00 GMT

Residents of a subdivision in Tennessee located near the Kingston, Tn. Power Plant filed a lawsuit against the Tennessee Valley Authority seeking $165,000,000 in damages caused by the rupture of a coal ash retention pond. In the lawsuit, the homeowners claim that more than one billion gallons of coal ash sludge spilled over 300 acres of property and polluted two rivers.

Tennessee Governor Phil Bredesen is mindful of the environmental impact of, and potential harm from, incidents like this. He says that the state will be looking at this issue hard - "The regulations we operate under now were written in the '70s; 2009 is a different world in terms of environmental regulation than the 1970s." Let's hope that more states follow Tennessee's stance and start looking at environmental issues like this from a safety standpoint first. Let's also hope that our new Administration realizes that what is good for Dupont and The Southern Company is not necessarily good for America. I think they do.

Originally posted at InjuryBoard by Pete Mackey

New web site seeks to raise mesothelioma awareness

Wendi Lewis — Wed, 14 May 2008 17:28:58 GMT

Mesothelioma is a rare and aggressive form of cancer that usually occurs in the lungs, and sometimes the abdomen. The only known cause is exposure to asbestos. For several years, the firm Beasley Allen has handled mesothelioma cases.

Beasley Allen understands that mesothelioma is a devastating illness that destroys many families every year. Working with the people affected by this disease, our attorneys felt that we should do more than just handle the claim on behalf of the client, but we also wanted to help families make it through a difficult time.

For that reason, in February 2008 Beasley Allen launched a new web log, or “blog” site, www.mymeso.org, dedicated to providing information about mesothelioma, as well as asbestos and related asbestos diseases such as asbestosis, and also lung cancer in general. The site is designed to raise mesothelioma awareness and provide a network of support for those facing this diagnosis. The blog strives to talk to people who have meso, share news about treatment and research, and provide links to helpful organizations.

When I started writing the blog, one of the things that surprised and angered me was the amount of hostility and suspicion I encountered when people found out the blog was sponsored by Beasley Allen. Because we were connected to a law firm, many “support groups” initially wouldn’t even talk to me. They were afraid that the site was somehow looking to exploit the very people we were trying to help.

In fact, I find it ironic that many of the people who have mesothelioma that I talk to have never even heard of this illness, unless from a reference on a law firm advertisement. They’ve heard the word, but they don’t really know much about it, how it’s contracted, or what to do and where to find help. They are blindsided by their diagnosis.

Most people also are surprised when they find out that asbestos is not completely banned in the United States. In fact, it’s still in many common household products, and last year it was even found in a toy, in a fingerprinting kit tied to the popular TV show “CSI.”

It’s an interesting twist of fate that the very people who are being pummeled for “victimizing” people suffering from mesothelioma – the attorneys – seem to be the only ones talking about it. If we don’t raise awareness of the dangers of asbestos, who will?

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About the author: Wendi Lewis is a writer for Beasley, Allen, Crow, Methvin, Portis & Miles. Beasley Allen is based in Montgomery, Alabama, and is one of the country's leading firms in civil litigation on behalf of claimants.

Originally posted at InjuryBoard by Wendi Lewis