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Asbestos Finally Banned in United States

We’ve been waiting nearly 50 years to type this: Asbestos is finally banned in the United States.

After decades of inadequate protections for workers, the EPA has finally banned the only remaining type of asbestos still imported into America. More than 50 countries have already banned the use of asbestos, which is known to cause several types of cancer including mesothelioma and ovarian cancer.

The asbestos in question, chrysotile, is used in a variety of products, including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and some other types of gaskets. The use of asbestos has been declining as years progress.

Although there are several types of asbestos that occur naturally in the environment, only chrysotile had been used in the United States in recent years. In fact, raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Known as “white asbestos,” most consumer products that historically contained chrysotile asbestos have been discontinued.

RPWB attorneys have been helping asbestos victims with personal injury lawsuits against asbestos manufacturers for more than 40 years. Our work continues to hold the asbestos industry responsible for the estimated 40,000 asbestos-related deaths in the United States each year. With a verdict of $250 million, RPWB continues to hold the record for the largest single asbestos verdict in our nation’s history and we have helped workers in nearly every U.S. state and territory.

While the use of asbestos in new products is declining, it remains present in a variety of buildings throughout the country. Asbestos was widely used in construction through the 1970s and was used much longer than that in other industries.

The move by the EPA to implement the rule banning chrysotile asbestos will save lives, but unfortunately, due to the prevalence of asbestos and the long latency period for mesothelioma and lung disease, many people will continue to be diagnosed for years to come. In recent years, many people have come into contact with asbestos in talc products, including cosmetics, talcum powder and baby powder. Asbestos and talc occur naturally in nature, so there is a risk of contamination with talc products.

If you or a loved one has been diagnosed with mesothelioma, please contact us for a free, no obligation case review. All of our asbestos attorneys have devoted their careers to help asbestos victims.

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    EPA Proposes Asbestos Ban

    Many people do not realize it, but asbestos is not banned in the United States despite the fact it kills thousands of Americans each year by causing mesothelioma cancer and other forms of lung disease.

    That might be about to change. The EPA has announced it intends to ban the known carcinogen using new authority granted to the agency by the 2016 Toxic Substances Control Act. On Tuesday, April 5, 2022, the EPA announced that it will move forward with an asbestos ban.

    The EPA last attempted to ban asbestos in 1989, but a federal court shot the effort down, an escapade that highlighted the toothlessness of the original 1976 Toxic Substances Control Act. Similar attempts in Congress also sputtered, most recently in 2020, when the bipartisan measure nearly made it to the House floor before falling apart with competing accusations about who was responsible for the failure.

    “EPA’s proposed rule is a strong step forward in eliminating exposure to a substance that is killing 40,000 Americans each year,” Linda Reinstein, president of the Asbestos Disease Awareness Organization, said in a statement.

    Under the proposed rule, the agency would ban uses for chrysotile, the one remaining type of asbestos fiber still in use in the United States. One of the major current uses for asbestos in America is the chlorine manufacturing process. In 2021, chemical companies imported 100 tons of chrysotile asbestos from Brazil. In prior years, they also imported from Russia. The 11 active chemical plants that utilize asbestos also used around 220 tons of asbestos they had previously stockpiled. Other chemical plants no longer use asbestos in the chlorine manufacturing process.

    Under EPA’s proposed rule, the remaining chlorine plants that still import raw asbestos would have two years to stop using asbestos filters.

    Sheet gaskets that contain asbestos would be banned after two years. Most remaining products that contain asbestos — oilfield brake blocks, aftermarket automotive brakes and linings, other “vehicle friction products,” and other types of commercial gaskets — would be banned after 180 days.

    The proposed asbestos ban is set to be published in the Federal Register, which kicks off a 60-day public comment period. The Biden administration hopes to have the ban finalized by November.

    The ban isn’t the end of the EPA’s review of asbestos, however. The agency says it intends to look at other asbestos fibers as well as examine asbestos present in talcum powder products, which has caused even those who never worked around asbestos to develop mesothelioma. Asbestos and talc often are located near one another in the natural environment, which can cause contamination in products like baby powder and cosmetics. These asbestos victims are often younger than the blue-collar workers exposed through the late 1970s at their job sites.

    RPWB lawyers have helped thousands of mesothelioma patients nationwide get financial compensation from asbestos manufacturers since 1976, when we worked on the first successful product liability case against the asbestos companies. We have seen first-hand the devastating health effects caused by asbestos, and applaud all efforts to eliminate asbestos from the United States.

    If you or a loved one has been diagnosed with mesothelioma or another form of asbestos-caused lung cancer, please give us a call anytime at 1-866-594-8765 or fill out the contact form on this page.

    For more information about mesothelioma, please visit our Mesothelioma Info Center.

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      How are Mesothelioma Lawsuits Paid Out?

      By Ken Wilson

      Some of the most frequent questions we get about mesothelioma lawsuits concern how they are ultimately paid out to clients and how long it will all take. To address those questions, let me give you a little bit of context about how mesothelioma lawsuits work.

      When a person is diagnosed with mesothelioma, asbestos lawyers like myself work with that client and other witnesses such as family members and co-workers to determine all of the places he/she has come into contact with asbestos. In addition to identifying the exposure locations, we also work using a variety of sources to identify all of the asbestos products used at those locations. From there, we can start to build a product liability case against all of the manufacturers of those products. The best mesothelioma lawyers can walk you through this process to make it as easy as possible.

      Most mesothelioma lawsuits involve a number of defendants that share culpability for causing the client’s mesothelioma. If the litigation is successful, the client will typically receive periodic settlement checks as various defendants settle. This includes both businesses in operation today and those that set aside money in bankruptcy trusts. This entire process can take several years from beginning to end, with most clients and their families beginning to receive money shortly after the case is commenced.

      Of course, it is important to note that every case is different and a good asbestos attorney will not rush through building the product liability case against the asbestos manufacturers.  A well developed, researched, and prepared case will increase the likelihood of a successful outcome.  Additionally, if a case goes to trial, the time frame for case resolution may be extended

      Over the past 33 years, I have dedicated my career to helping asbestos victims with mesothelioma lawsuits throughout the United States. To me and to the others in our firm, our clients are not a number; they are people who reach out to us for help at one of the most consequential and difficult times of their lives. My advice to people diagnosed with mesothelioma is to find the best medical and legal care that you can. Ask lots of questions and, if you feel uneasy, seek a second opinion. This will help you to enjoy time spent with family and friends.

      If I can ever be of assistance, feel free to contact me 1-866-594-8765 or send me an email.

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        FDA pushes for more testing amid asbestos exposure concern

        Current asbestos testing standards for industries that use talc are fairly loose. As recent reports have shown that many products contain this toxic substance, the U.S. Food and Drug Administration is pushing for new testing standards. If implemented, it could possibly lower the risk of asbestos exposure for people in South Carolina and across the country.

        The FDA allowed the cosmetics talc industry to basically self-police when it comes to asbestos and testing. The last time the FDA held a hearing focusing on asbestos and testing methods in cosmetics was in 1971, meaning the industry has been handling these issues on its own for several decades. The FDA did not test any cosmetic products from then until 2018, when it discovered that many popular cosmetic products were contaminated with asbestos.

        In addition to stronger standards for testing talc, the FDA wants to take things one step further. Minerals that resemble asbestos are also frequently found in talc, but there are currently no testing requirements for those minerals. Experts agree that look-alike minerals quite often cause very similar health problems which are nearly indistinguishable from those related to asbestos.

        Both the FDA and the World Health Organization agree that there is no safe level for asbestos exposure. People can easily inhale tiny particles that then make their way to the lungs. Mesothelioma and ovarian cancer have both been linked to asbestos, and thousands of people — some in South Carolina — have already filed lawsuits against companies that sold tainted products. Many of these individuals are seeking compensation for things like medical care, loss of income and even physical and emotional trauma.

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          Construction workers learn of asbestos exposure months later

          There is a very good reason that asbestos abatement is tightly regulated in South Carolina. When mishandled, asbestos fibers are released into the air. Those airborne fibers are easily inhaled. For those who do not quite understand just how serious this is, it is important to know that asbestos exposure can lead to a number of different cancers, including the incurable cancer mesothelioma.

          Asbestos was recently discovered at a construction site where a building had been demolished earlier in 2019. Construction workers were apparently not instructed to take any safety precautions for asbestos at the time of demolition. However, workers later discovered what they thought was likely asbestos inside another building at the same site.

          Following that discovery, the South Carolina Department of Health and Environmental Control — the SCDHEC — tested rubble from the demolished building. The results confirmed what the workers had already suspected. There had been asbestos in the building they had already demolished. Perhaps even more upsetting than realizing that they and the surrounding communities had been exposed to asbestos is just how long it took the SCDHEC to take action. The debris from the building had been left on-site for months.

          Many victims in South Carolina do not even realize they were exposed to asbestos until they develop a related disease. For those who do learn of their asbestos exposure beforehand, it is important to maintain detailed records of the event as well as medical histories. This type of information is often useful when a person develops mesothelioma or other cancer and chooses to pursue compensation for his or her damages. It might even be helpful to speak with an experienced attorney about what information is most important to document.

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            Renovations caused asbestos exposure for residents, workers

            Having a safe place to live is important for the health and safety of all South Carolina residents. No one really wants to face ongoing health threats at home. Unseen dangers can be anywhere, though. For some people, a particularly troublesome unseen danger is asbestos exposure, which can cause life-threatening illnesses.

            The Occupational Safety and Health Administration recently cited a property management company for seriously mishandling asbestos during apartment renovations. According to OSHA, asbestos was frequently disturbed and released into the air at this out-of-state apartment complex. However, these violations are all related to employee safety and improper containment, as the men and women working at the complex were not told about the presence of asbestos or given any protective gear. The citations do not refer to the apartment residents, who were also unknowingly exposed.

            Residents were not told that they would have to leave during renovations, even when work went on in their units. According to one former resident, workers entered her apartment and performed work on all of her windows but did not clean anything up afterward. She apparently had to clean up all of the material that had been ripped out or discarded, most of which likely contained asbestos. All residents have since been evacuated from the property.

            There has to be a certain level of trust between tenants and landlords. Renters have to trust that the properties they live in are safe, but landlords sometimes break that trust in favor of minimizing their own costs. There can be serious consequences when this blatant disregard for safety results in asbestos exposure. If renters in South Carolina discover that they have been wrongfully exposed to asbestos, it is a good idea to maintain careful records of known exposures as well as related medical information. An experienced attorney might be able to provide further advice on which information to keep track of.

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              You have probably been affected by asbestos exposure

              There are many valid concerns about being exposed to the toxic substance known as asbestos. Since asbestos exposure is known to cause mesothelioma and other fatal diseases, most people want to avoid it at all costs. However, many people in South Carolina have been exposed to asbestos on at least one occasion.

              Limited exposure to asbestos usually is not a cause for concern. Only a small percentage of people who encounter asbestos only once or twice will become sick as a result. Any risk of mesothelioma or other related diseases is a cause for concern.

              Long-term exposure is more likely to cause illness. For example, men and women who have served or are currently serving in the United States military are at a higher risk for asbestos exposure than the average South Carolina resident. Exposure risk also varies within the military, as veterans who are involved with construction, automotive repair and similar activities are more likely to encounter asbestos.

              Even if a person does not work in an industry that uses asbestos, live in an older building or regularly visit places likely to have asbestos, he or she could still encounter asbestos. Living with someone who was exposed to asbestos makes it much more likely that roommates and family members will be indirectly exposed. Asbestos fibers easily travel on workers’ clothes, hair and skin.

              Developing mesothelioma may feel very unfair to people who have done their best to avoid asbestos exposure. While this can be a normal reaction, victims may still be able to recover compensation for their pain, emotional trauma and financial damages. Even if exposure only occurred once or twice, a victim can pursue a legal claim against the entity that was the source of that exposure.

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                Demolition site cited for second asbestos exposure violation

                People in South Carolina might associate large implosions and wrecking balls with building demolitions. These are not the only options, especially when it comes to buildings that contain asbestos. Demolition may take place over much longer periods of time, such as an out-of-state project that has been going on for at least two years. Unfortunately, it is possible that asbestos exposure to workers and the surrounding area has taken place several times during this time.

                Before the most recent violation, the company in charge of the demolition had already been cited for an asbestos abatement violation at the beginning of 2019. The first violation was for the improper removal of metal siding that contained asbestos, although it does not appear as if the business was fined. Instead, it was strongly encouraged to address the violations and then provide a written response by no later than Dec. 16.

                The most recent violation is in regard to visible emissions from the demolition site. Airborne asbestos fibers are extremely dangerous, so there should not be any dust or other materials released into the air. Officials from an environmental and energy agency in that state later showed up at the demolition site to observe the process. The crew used water to reduce the risk of airborne particles during the observation, but this does not mean that they did so before.

                The company was also cited for several other violations that were not related to asbestos, but this may show an ongoing disregard for safety. There is no room for such lax safety standards when demolishing older buildings that contain asbestos in South Carolina. In fact, disregard for those factors can harm everyone in the vicinity and the surrounding environment. Since asbestos exposure frequently causes victims to develop fatal cancers, documenting known instances of exposure is a very good idea. Those who are not sure what other options they have might find it helpful to speak with an experienced attorney.

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                  Illegal storage sites and asbestos exposure

                  There are strict rules regarding removing and disposing of asbestos, and they exist for a reason. When disturbed, asbestos particles can easily be released into the air. Inhaling those particles is extremely dangerous, so minimizing the chance of exposure is a good idea. Unfortunately, most people in South Carolina do not even realize they suffered asbestos exposure until they develop related health conditions, such as lung cancer and mesothelioma.

                  An out-of-state businessman is currently facing criminal contempt for illegally storing asbestos on his personal property. According to those involved in this situation, the illegal storage site is a health threat to both the environment and the general public. This is not a new problem, though. Authorities first discovered the situation back in 2014. It is unclear how long he had been dumping asbestos on his property prior to then.

                  In 2014, the property owner was hit with a $32,000 fine and told that he must remove the asbestos and other waste products from his property, including a trailer the size of 100 cubic yards that was stuffed full of asbestos. However, the man ignored the fines as well as the order to remediate his property. Instead, he continued to use his property as a storage site, adding additional asbestos and other waste over the years.

                  Asbestos exposure is usually associated with old buildings, automobile parts and even roofing materials. While this carcinogen can indeed be found in these and many other consumer products, it could also be lurking in other places where it should not be. Improperly maintained or even illegal storage sites in South Carolina could be causing serious health problems for nearby residents. If after being diagnosed with mesothelioma a person is unsure where he or she might have suffered from asbestos exposure, a lawyer experienced in handling related civil claims could offer advice on options for legal recourse.

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                    Asbestos exposure is still killing people

                    Even though the Environmental Protection Agency has banned most uses of asbestos, it can still be found in both new and old materials, products and more. Since it is no secret that asbestos is a dangerous and carcinogenic substance, industries that still use it should exercise extreme caution to prevent possible exposure. Unfortunately, this does not appear to be the case. Annually, asbestos exposure kills tens of thousands of people in America.

                    Scientists as far back as 1906 began questioning the safety of the mineral asbestos. By 1930, researchers had evidence that a significant portion of the American workforce was suffering from an asbestos-related disease. This information did not do much to change the habits of U.S. companies and manufacturers. In fact, the United States was one of the biggest consumers of asbestos all the way through the late 1980s. Today’s consumers in South Carolina are not much safer either, as asbestos often shows up in automotive parts, toys, cosmetics, construction materials and other consumer products.

                    It may come as no surprise to learn that approximately 40,000 Americans die from asbestos diseases each and every year. Mesothelioma is one of the most well-known cancers that asbestos causes, but it is not the only one. South Carolina residents who are exposed to asbestos can also develop lung cancer and asbestosis.

                    The average consumer might do everything in his or her power to avoid asbestos, including avoiding products known to contain the substance as well as researching products that are likely to be contaminated. While these are good steps to take, asbestos exposure can take place virtually anywhere, meaning that avoiding it is impossible for most people. This does not mean that a victim who is fighting mesothelioma has to deal with the aftermath by him or herself. Successfully pursuing a claim against the source of the exposure can provide victims with the help they need to cover medical bills, deal with physical damages, emotional trauma and more.

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