Related Topics ► Other TopicsOhio Mesothelioma (OH) and Asbestos Exposure
The University of Cincinnati and two well known Ohio hospitals are known to have issues with the carcinogenic asbestos, responsible for the fatal disease mesothelioma. There are also other dangerous sites in the state: Cardinal, Galiopolis, Marin City, Redding, home to utility and power plants, the oil refineries of BP Amoco, Shell Oil, Sunoco, and the American Shipbuilding shipyard. Between 1948 and 1993, it is estimated that 445,321 tons of vermiculite (ore containing asbestos) was shipped into Ohio over the course of 3,737 shipments. These transfers came from Libby, Montana, and reached into 14 state locations, such as Cleveland, Port Clinton, North Bloomfield, Warren, Dayton, Barberton, Cincinnati and East Palestine. However, Marysville was the area that stored the most asbestos; almost 93% of the total shipments into the state. O.M. Scott & Sons, Scottslawn Road in Marysville, Ohio, 14111, processed tons of asbestos, and its employees appeared to have had more exposure than in other areas of the state. Workers and their families are advised to receive medical evaluations to determine if they have suffered any permanent lung damage as a result.
At-Risk Occupations and Locations in Ohio
There have been significant findings as a result of medical studies on Ohio asbestos-disease victims. Almost all worked for one of the above industries, and were employed in the direct contact capacities such as pipe fitters, boilermakers, and electricians. In addition, maintenance, repair, and other industrial workers faced grave dangers, along with those in the fields of construction. With Ohio depending heavily on the industries that historically have depended upon asbestos for heat, sound and fire insulation, it's clear why Ohio mesothelioma statistics are staggering.
Asbestos-related Deaths in Ohio
Between 1979 and 2001, there were 1,624 deaths due to asbestos disease in Ohio, which ranks the state fifth in the U.S., with a crude mortality rank of asbestos fatalities at of 12 in the country. However, two-thirds of the fatalities were from mesothelioma, so, regarding the percentage of mesothelioma deaths, Ohio ranked the highest in the country.
Legal Resources for Ohio Residents
No other state in the country except Ohio required a victim to present medical references before filing a law suit against the negligent employer. This evidence resulted in courts giving priority to the victims and came about in 2004 from asbestos lawsuit reforms of in HB 292-The Asbestos Victims Fairness Act. It was created because, at one point, more than 23 Ohio companies with 80 facilities filed for bankruptcy protection, pointing to asbestos liability. It was estimated that asbestos liability was responsible for the loss of 60,000 jobs, with a potential of losing another 350,000. With approximately 40,000 lawsuits over asbestos exposure pending, the Ohio Federal District Courts were backlogged, and victims' trial dates were unfairly delayed. Therefore, since 2004, people were merely exposed to asbestos are barred from taking legal action until physical symptoms are experienced. This means that only those who are diagnosed with asbestosis, mesothelioma, or lung cancer attributed to asbestos can file claims. An Ohio legislator, Dennis Kucinich, proposed changes to Medicare coverage laws which may help victims who, by the time their disease is diagnosed, find it too late to file lawsuits to recover damages. This will greatly appreciated by the families of the unfortunate patients whose diagnosis timing does not allow them a speedy trial date, even with the Asbestos Victims Fairness Act
Ohio juries have often reached verdicts in favor of asbestos plaintiffs. In Blandford v. Garlock, (Cuyahoga City), the award was $6.4 million. In Thornton v. A-Best Products, the Ohio Court of Common Pleas (Cuyahoga County) upheld the Ohio Constitution in protecting victims' rights when it came to new legislature, such as considerations concerning non-malignant asbestos illnesses and victims who are also smokers. However, the Ohio Supreme Court does not allow claims against train manufacturers in Ohio state courts, upholding a decision by a lower court. This is based on the Federal Locomotive Boiler Inspection Act, which pre-empts state claims against railroad manufacturers. Plus, Ohio's lower courts have broad decision making leeway in deciding if additional defendants can be included an existing lawsuits, which often do not favor the plaintiff. Furthermore, many of Ohio's cases refer to the Jones Act, with the defendant as A-C Product Liability Trust.
The statute of limitations in Ohio for personal injury and wrongful death cases is two years from when mesothelioma was diagnosed-or should have been.
Ohio also offers an Asbestos Program, which provides licensed and certified personnel in the asbestos abatement industry. It serves as regulation for contractors working in all aspects of asbestos removal and inspection. In addition, the Ohio Department of Health Asbestos program supports this with required training for asbestos professionals. Questions may be directed to 614-466-0061. It's also worthwhile to note that the National Association of Manufacturers has filed briefs in the Supreme Court of Ohio, to reverse award decisions. (This trade association lobbies against plaintiffs in lawsuits in Ohio.)
State Index
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2008-11-20 15:50:02
The Oneida County Office Building in Utica, New York has recently tested negative for airborne asbestos. Apparently though, that isn't good enough for the union, which represents county employees. Uni ...Read More
- Asbestos Tests Show New Jersey Sports Field Poses No Risk
2008-11-20 15:36:54
Asbestos was discovered last month at a public area in Lyndhurst, New Jersey, which prompted concerns that there may be exposure risks for locals. Now, however, those fears have been allayed, as tests ...Read More - EPA and Vermont Working Together to Solve Asbestos Mine Problem
2008-11-20 15:19:39
State of Vermont officials have released a new statement about the urgent need for investigating the impact of an abandoned asbestos mine in Colchester. The mine, located near the towns of Eden and Lo ...Read More
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