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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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    With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

    Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

    This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

    RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

    Beth Burke is personal injury lawyer of the year in Charleston, S.C.

     

    Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

    Mount Pleasant, S.C.

    Nina Fields Britt – Mass Tort/Class Actions Litigation

    Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

    Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

    Kim Keevers Palmer – Mass Tort/Class Actions Litigation

    Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

    Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

    Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

    Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

    Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

    Ed Westbrook – Mass Tort/Class Actions Litigation

    Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

    Charleston, S.C.

    Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

    Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

    Aiken, S.C.

    Dave Butler – Personal Injury & Product Liability Litigation

    Ken Wilson – Personal Injury & Product Liability Litigation

    Edwardsville, Ill.

    Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

    Ones to Watch

    Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

    • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
    • Matt Nickles is honored for personal injury and product liability litigation.
    • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

    About Best Lawyers

    Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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      RPWB Helped Doctors Get Refunds for Non-Conforming Records Software

      RPWB attorneys played a leading role in more than 5,000 doctors’ offices receiving refunds for being misled about their electronic medical record software qualifying for Medicare and Medicaid incentives.

      For years, Greenway Health sold software it claimed was certified under the federal government’s “Meaningful Use” program. That program includes financial incentives designed to reward physicians for choosing electronic medical record software that uses a standardized format designed to cut down on human error, easily be shared by multiple health providers and simplify the claims process.

      The class action lawsuit against Greenway Health was filed in 2019 on behalf of physician offices that purchased the software. Over the course of the suit, extensive discovery was conducted, including more than a million pages of exchanged information.

      It became clear the company was aware of flaws in its software and had designed the software in a manner that appeared to pass the federal government’s tests even though it did not have the functionality required.

      In the end, a settlement was reached in 2021 that refunded thousands of doctors throughout the country. Not a single class member objected to the settlement, and the checks were disbursed earlier this year.

      “The software is incredibly expensive and the switching costs for a doctor’s office are quite high,” said RPWB attorney Jim Bradley, one of the attorneys who litigated the case. “We were pleased that we could return money to these physician offices to compensate them for being sold a product that did not meet the stated specifications.”

      In addition to Bradley, RPWB attorneys Michael Brickman, Nina Fields and Caleb Hodge served as class counsel in the lawsuit against Greenway Health.

       

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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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