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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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      U.S. News: RPWB is a Best Law Firm for National Mass Torts & Class Actions

      RPWB is a top plaintiff law firm for our work on national mass torts and class actions, according to the 2022 Best Law Firm rankings by U.S. News & World Report.

      In addition to the national ranking for mass torts/class actions, RPWB was listed as a Best Law Firm for personal injury, product liability, medical malpractice and health care litigation in our home state of South Carolina.

      For a complete roundup of our listings, please click here.

      The announcement by U.S. News followed RPWB’s inclusion on the 2022 Best Lawyers in America list, in which 16 RPWB attorneys were recognized for their work. RPWB was the top-listed plaintiff law firm in South Carolina for product liability cases and mass tort litigation.

      RPWB attorneys regularly hold leadership positions in class actions and other mass torts across the nation. We have leadership roles in both the 3M Combat Arms Earplug MDL and the Aqueous Film-Forming Foams Product Liability MDL. In recent years, RPWB played a leading role in litigation associated with the failed VC Summer Nuclear Power Plant project. The resulting settlements provided billions in relief for South Carolina’s ratepayers and resolved some of the most complex litigation in the state’s history.

      RPWB lawyers have been at the forefront of asbestos litigation since the 1970s. We have helped mesothelioma victims in nearly every US state and territory collect money from asbestos manufacturers who put profits over the health of American workers.

      The firm’s usefulness even extends across international borders. RPWB attorneys are foreign legal consultants for six Canadian provinces seeking to recoup public money spent on smoking-related illnesses.

      While RPWB is proud to help large groups of people who have been wronged, the firm remains deeply rooted in our work to help individuals in their times of intense need.

      Rogers, Patrick, Westbrook & Brickman represents clients in many types of cases, including wrongful death and personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, and pharmaceutical drug and medical device injury.

      RPWB is ranked nationally for its work on class actions and mass torts

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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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          Asbestos litigation: Johnson & Johnson faces another lawsuit

          South Carolina consumers should feel confident that they are making safe purchases, but this is unfortunately more difficult than it seems. Companies are frequently more concerned with their own bottom lines than they are with the health and safety of their customers. Concerned over citizens’ safety, one state is engaging in asbestos litigation against Valeant Pharmaceuticals and Johnson & Johnson.

          The attorney general for this Southwestern state filed a lawsuit against these two companies, citing their alleged knowledge of toxic substances in some of their consumer goods. That suit accuses both of these companies of aggressively marketing their products to minority groups — specifically African-American and Hispanic residents — despite having known for decades that their talc products were contaminated with asbestos. These two groups make up about 50% of the state’s population.

          Not only did Johnson & Johnson allegedly misrepresent the safety of its talc-based baby powder and several other products, but it did so despite being fully aware of the implications. In a document that outlined the marketing strategy for that state, the company fully acknowledged that talc negatively impacts communities’ health and is linked to cancer. The attorney general who filed the suit also claims that Johnson & Johnson still misrepresents the toxic nature of its talc products.

          Some companies seem to feel as if consumer safety does not matter so long as they are turning profits. This dangerous approach to business jeopardizes the health and well being of everyone in South Carolina. For those who have developed mesothelioma, lung cancer or other diseases because of dangerous products, it is possible to seek compensation through asbestos litigation.

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            What you should know about asbestos litigation in South Carolina

            Maybe you never imagined that you would develop mesothelioma or another type of asbestos-related disease, but that does not change the fact that you did. You understand just how difficult it is to live with one of these diseases. On top of pain and suffering, you may have a diminished quality of life and hefty medical bills you are struggling to pay. If you need help getting compensation for your injuries and are ready to pursue asbestos litigation in South Carolina, here is what you can expect.

            Before you file your lawsuit, you need to decide who to name as the defendant or defendants. If you were exposed to asbestos at work, you will probably include your employer. Asbestos exposure can also occur in the home, and if you were renting your landlord or leasing agent could also be responsible. Asbestos manufacturers, installers and companies that irresponsibly used asbestos are also commonly named in these types of lawsuits.

            Figuring out who to name in a lawsuit is not as easy as it may seem. Even if you know that you were exposed at work, you will need to prove who was involved with manufacturing or even using the asbestos. This can be a difficult task since patients suffering from mesothelioma were usually exposed to asbestos years or even decades before getting sick.

            Uncovering details from the past several decades can be a long, difficult process, so you should consider speaking with an experienced attorney. He or she can not only help you name the correct defendants, but wil also help you lay out your case, determine compensation to claim and file a complaint on your behalf. You can learn more about the asbestos litigation process in South Carolina by visiting our website.

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              Couple pursues asbestos litigation over husband’s injuries

              Victims who develop mesothelioma or other related diseases often do so after only being exposed to asbestos from a single source, such as through employment. However, some victims in South Carolina might have developed asbestos-related diseases after multiple sources of exposure. One couple is currently in the middle of asbestos litigation for this type of situation.

              The couple, who live in a different state, filed a lawsuit that named multiple defendants, including Johnson & Johnson, Brenntag Specialties Inc., Brenntag North America Inc., 3M Co., and more. The suit claims that these companies were negligent in their use of asbestos. The couple claims that the various companies did not adequately warn people about asbestos exposure or provide warning on product packages. The suit also alleges that the defendants did not properly design or manufacture products that were safe to use.

              The husband says that he developed injuries because of ongoing exposure to asbestos through the products that these companies manufactured. One of the places that exposure took place was at his place of work, which was through a local school district. He also claims that he had used talcum powders and Old Spice, which were also sources of exposure. The suit also points to the clothing the man had received from his late father, but did not specify the manner in which the clothing was contaminated with asbestos.

              Developing a disease or suffering an injury after being exposed to asbestos is a very difficult experience. Most people end up with large medical bills or related damages that make it difficult to continue living life as normal. Pursuing compensation through asbestos litigation could be helpful for South Carolina victims and their families who are going through this ordeal.

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                Why does asbestos litigation seem so common?

                The use of asbestos is heavily regulated, which might lead some people in South Carolina to believe that it is a past problem that has no more bearing on current times. Unfortunately, this is far from reality. As some people develop health problems decades after exposure and companies make headlines for concealing the presence asbestos in their products, asbestos litigation will continue to be an outlet for victims to seek necessary compensation.

                Asbestos is incredibly durable. The fibrous substance is even stronger than steel and is also waterproof, fireproof and resistant to corrosion. Even though its use is now limited in the United States, the toxic substance persists in many communities in things like roof shingles, car parts and more. Asbestos’ durable nature makes it difficult to get rid of and perhaps even more difficult to remove safely.

                Removing sooner is better than later because, although asbestos is incredibly durable, it can become brittle over time. Brittle asbestos fibers are more easily released into the environment. Scientists have long been aware of the health problems associated with exposure to those types of asbestos fibers. The fatal cancer mesothelioma attacks the lining of the organs and is frequently traced back to asbestos exposure. Asbestosis can lead to scarred lungs and is another disease caused by the toxic fibers.

                Since asbestos was once used in a wide range of industries and is still used in selected applications today, virtually anyone could be at risk for asbestos exposure. When that exposure leads to serious and even fatal health outcomes, South Carolina victims may want to consider their options. Asbestos litigation is often effective at recovery necessary compensation, which victims can apply towards their medical bills, lost wages, pain and suffering, and much more.

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                  More than 50 people pursue asbestos litigation after demolition

                  More than four dozen people are suing Johnson Controls Inc. and TOCON Holdings LLC for their alleged role in exposing a group of residents to the toxic substance asbestos. Their claim stems from the demolition of a manufacturing plant. In these types of situations, asbestos litigation is often an effective way for South Carolina victims to recover much-needed compensation for damages, including health bills and more.

                  The manufacturing plant was no longer in use, and the property owner wanted to tear the building down so that he could sell the property to the area school board. The school board was considering the site for a potential softball field. However, demolition bids from Oct. 2009 showed that to demolish the building properly and safely remove the debris, the owner would have to shell out more money than the property was even worth.

                  Apparently to avoid the financial costs associated with protecting the community at large from asbestos, the owner instead conspired to tear the building down on its own terms. This included using heavy machinery and skipping out on legally required inspections. This process went on for approximately two years, putting those in the nearby community at risk.

                  The lawsuit claims that both the owner of the plant as well as its former occupant — Johnson Controls — knew that it contained asbestos, and yet moved forward with the demolition anyway. Now, people living nearby claim that they were wrongfully exposed to asbestos. They will have to live with this concern for years to come, as symptoms of exposure often take time to develop. For South Carolina victims dealing with similar situations, asbestos litigation is often an effective way to hold negligent parties responsible for their exposure, ensuring not only much-needed compensation, but also protection for other people in the future.

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                    Asbestos litigation ongoing regarding punitive damages

                    New headlines still abound with stories regarding a major jury verdict that held Johnson & Johnson liable for more than $100 million in damages for asbestos-related injuries. The manufacturing conglomerate is now battling plaintiffs in a separate state, where are attorneys are arguing for punitive damages on behalf of their clients. The ability to seek punitive damages in asbestos litigation is not something all states allow. South Carolina residents with questions about such issues may seek answers by reaching out for legal support.

                    In the state where this particular case is being heard in a specialized court, punitive damage petitions were banned in asbestos cases in the late 1990s but were once again allowed as of March 2018. Not everyone is happy about that, and some are appealing the decision in a higher court. Their opinion is that companies that may no longer exist should not be held liable for conduct that occurred many years (perhaps even decades) ago.

                    A man in New Jersey was able to obtain $80 million in punitive damages because he contracted an incurable cancer known as mesothelioma from using talcum powder in his regular hygiene habits for many years. Attorneys seeking punitive damages in the specialized court are located in New York. Johnson & Johnson has come out fighting, stating punitive damages are reserved as punishment for egregious conduct, which, in their opinion, does not apply to the situation because it can’t be proved that the company knowingly sold products containing asbestos.

                    To discuss laws pertaining to compensatory or punitive damages in South Carolina asbestos litigation, a potential plaintiff may want to arrange a meeting with an attorney experiences in such matters. Many diseases related to asbestos exposure are incurable. Families impacted by such issues have a right to pursue justice for the suffering they have endured when human negligence caused their situations.

                    Source: Forbes, “NYC Asbestos Firm Hopes To Continue $117M Hot Streak, Again Seeking Punitives From J&J“, Daniel Fisher, May 8, 2018

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