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Verdict of Over $1.9 Million for Retired Navy Machnist Exposed to Asbestos

A San Francisco jury has reached a verdict of over $1.9 million in favor of a retired machinist, Charlton Clemmer, and his wife. Mr. Clemmer was exposed to asbestos in valves, packing and thermal insulation and developed mesothelioma, an aggressive cancer that attacks the lining of the lungs.

San Francisco, CA (PRWEB) March 28, 2006 -- Last Friday, a jury ruled in favor of a retired machinist, Charlton Clemmer, and his wife, Kay, in their products liability and negligence trial against John Crane, Inc., a former manufacturer of asbestos–containing valve and pump packing, and Thorpe Insulation Company, a former supplier and distributor of asbestos thermal insulation. The companies were negligent and failed to warn about defects in their products, which were defectively designed, according to the jury. It assessed over $550,000 in economic damages, $1.1 million in non–economic damages and $250,000 for loss of consortium.

In June 2004, Mr. Clemmer was diagnosed with mesothelioma, a fatal cancer of the lining of the lungs that is caused by exposure to asbestos. During 20 years of service in the Navy (1952–1972), Mr. Clemmer had worked aboard many destroyers as well as on the aircraft carrier USS YORKTOWN where he was in charge of equipment maintenance and repair. In his job as a marine machinist, and later as a chief petty officer, he worked around a variety of asbestos–containing products.

Mr. Clemmer retired from the Navy in April, 1972, after achieving the rank of Recruit Company Commander. In retirement, prior to his mesothelioma diagnosis, he worked as a building superintendent for First Baptist Church and at Holy Angels Hospital in Gaston, North Carolina.

John Crane, Inc. is a leading manufacturer of industrial packings, gaskets and seals. It supplied asbestos–containing packings to the Navy throughout Mr. Clemmer’s career. Since 1957, Thorpe Insulation Company was the main supplier of Johns–Manville thermal insulation products in Southern California and in particular to the Long Beach Naval Shipyard where the ships that Mr. Clemmer served aboard were repaired. The products included pipe and boiler insulation, asbestos cloth and insulating mud.

During the trial, the plaintiffs showed that the hazards of exposure to asbestos were known since the 1920s. By the early 1950s, it was apparent that asbestos caused cancer.

“I wish that companies whose products have caused serious injury would take note and responsibly address the human toll without time and again putting deserving plaintiffs like the Clemmers through a trial,” said Gilbert Purcell, who along with Gary Brayton of Brayton Purcell, represented the Clemmers. “John Crane, Inc. refuses to settle any case and has taken this stance for over 20 years despite verdict after verdict against them. It’s their right—but it is still unfortunate.”

The case is Charlton and Kay Clemmer v. John Crane Inc. and Thorpe Insulation Company, San Francisco Superior Court, Number 434434.

About Brayton Purcell
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestos litigation. For more information, call 415-898-1555 or visit the firm web site at http://www.braytonlaw.com.

For information about asbestos and asbestos-related diseases, see the firm’s web sites, Mesothelioma Network, http://www.mesotheliomasite.com and Asbestos Network, http://www.asbestosnetwork.com.

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

SF Jury Awards $1,083,000 in Asbestos Cancer Case

A SF jury awarded $1,083,000 to a pipefitter with asbestosis and colon cancer caused by his work exposure to asbestos. He was represented by the law firm of Brayton Purcell.

San Francisco, CA (PRWEB) February 18, 2006 -- A jury has awarded $1,083,000 to Merle Sandy, a 60–year–old retired pipefitter suffering from asbestosis and colon cancer caused by his on–the–job exposure to asbestos. Asbestosis is a painful scarring of the lungs that causes shortness of breath and reduced lung capacity. It is not curable. Mr. Sandy underwent surgery for the colon cancer, but the tumor has spread to his liver and his condition remains serious.

The defendant, Exxon Mobil Corporation, is the former owner and operator of an oil refinery located in Benicia, California, where Merle Sandy did industrial maintenance work. He was exposed to dangerous levels of asbestos while removing insulation and working with asbestos gaskets, packing and welding blankets.

Employed by an independent contractor, Mr. Sandy worked at the Benicia refinery from 1970 through 1974. He also worked at the refinery in 1977 and 1979. Although Exxon Mobil personnel oversaw Mr. Sandy’s work, the company did not disclose that the products he was working with were hazardous, or provide information about the location of asbestos at the refinery, the plaintiff said. Exxon Mobil also did not instruct Mr. Sandy about how to work safely to prevent asbestos exposure or provide him with respiratory protection.

The testimony of Exxon Mobil’s medical officials, as well as internal documents, established that the company was fully aware of the risk of disease posed by asbestos dust at its refinery properties as early as 1937, according to the plaintiff.

Christopher Andreas and Andrew Chew of the Novato, CA office of Brayton Purcell represented Merle Sandy at trial. San Francisco Superior Court Judge Gail Dekreon presided. The case is Merle Sandy v. Exxon Mobil Corporation (San Francisco Superior Court, No. 324212).

About Brayton Purcell:
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the areas of asbestosis, asbestos colon cancer, asbestos lung cancer, mesothelioma and other asbestos diseases.

For more information, call 415-898-1555 or visit our firm web site at http://www.braytonlaw.com. For legal, legislative and medical news about mesothelioma and other asbestos cancers, see our specialty web sites, Asbestos Network at http://www.asbestosnetwork.com and Mesothelioma Network at http://www.mesotheliomasite.com

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

(PRWEB) February 14, 2006 -- Gilbert Purcell, senior trial partner at the law firm of Brayton Purcell, has called on Sen. Tom Coburn (R-OK) to correct a misstatement that he made on the Senate floor regarding asbestos and colon cancer. While debating proposed asbestos legislation, S. 852, Sen. Coburn stated that “no science supports any association between colorectal cancer and asbestos exposure.”

That statement is incorrect, Mr. Purcell says. Rather, the onset of colon cancer has long been linked to a history of asbestos exposure. In a letter to Sen. Coburn, he points to a federal rule, evidence from medical journals, and a medical report by a respected medical expert, Dr. Irwin Stoloff, to refute the Senator’s remark. (See Mr. Purcell’s letter, along with supporting documents on the Brayton Purcell web site at http://www.braytonlaw.com/news/pdfs/021306_ltr_coburn.pdf).

S. 852 Would Create An Inadequate Compensation Fund for Asbestos Victims

S. 852 would create an inadequate trust fund for those suffering from asbestos diseases, yet deprive them of their day in court. It also sets up arbitrary, unfair medical criteria for determining who can collect damages for asbestos exposure. Under the bill, patients with colon cancer who were exposed to asbestos would not receive compensation. Brayton Purcell has fought long and hard against S. 852, which we believe harms asbestos victims, while bailing out asbestos-affiliated companies.

About Brayton Purcell
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestos litigation. For more information, call 415-898-1555 or visit the firm web site at http://www.braytonlaw.com.

For information about asbestos and asbestos-related diseases, see the firm’s web sites, Mesothelioma Network, http://www.mesotheliomasite.com and Asbestos Network, http://www.asbestosnetwork.com.

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

Brayton Purcell Fighting Against Unfair Asbestos Legislation

Four clients of the Brayton Purcell law firm will travel to the capitol to fight against proposed asbestos legislation (S. 852). Three have developed cancers due to asbestos exposure; the fourth is a widow whose husband died from asbestos-related cancer.

Washington, DC (PRWEB)January 27, 2006 -- Four clients of the Brayton Purcell law firm will travel to our nation’s capitol next week to make their voices heard against S. 852. This unfair asbestos legislation would deny access to the courts for asbestos victims, who instead would be required to pursue their claims through an asbestos trust fund. Congressional analysts and other government experts predict that the trust fund would run out of money well before all asbestos victims could be compensated. Medical experts question the criteria that the bill uses to identify and classify the diseases related to asbestos.

A Father Suffering From Mesothelioma

One client, David Bakkie, was exposed to asbestos when he worked as an assembler, a lineman and a line construction supervisor. He is 50 years old and has two teenage sons, Christopher and Charles.

Last September, Mr. Bakkie was diagnosed with mesothelioma, an aggressive cancer that first attacks the membranes surrounding the lungs. The disease is caused by asbestos exposure.

A Ship Rigger’s Exposure to Asbestos

Ron Dutton is married and 51 years old. He has two daughters and a granddaughter. For many years, Mr. Dutton worked as a rigger on ships, a job that exposed him to asbestos. Like most other workers, he did not know about the danger to his health and was given no protection. Now he has asbestos–related colon cancer and asbestosis. Asbestosis is a progressive scarring of the lungs that is only caused by exposure to asbestos.

Mr. Dutton says that he is going to Washington to let the Senators know that workers who were exposed to asbestos have real illnesses and have the right to be compensated. He poses this question: “The government didn’t get in the way when asbestos manufacturers made huge profits, so why should it make it hard for people like me to be compensated when they become sick from asbestos products?”

An Asbestos Victim’s Widow

Joan Nettler Kiss became a widow last year when her husband, John, died of metastatic colon cancer. An insulator for 35 years, John Kiss was an active member of the Heat and Frost Insulators and Asbestos Workers Local 16 in San Francisco. He had worked in power plants, shipyards, and industrial and commercial sites throughout Northern California. He contracted asbestosis and colon cancer due to his exposure to asbestos at these jobs

After he retired as an insulator, Mr. Kiss began a second career as an investigator at Brayton Purcell because he wanted to help other asbestos victims. He was very proud of this job. His co–workers came to rely on his extensive knowledge of asbestos products and his ability to put clients at ease. Mr. Kiss eventually became the manager of the firm’s Investigations Department.

John Kiss had three children of his own and also helped raise two of Joan’s children. He was a proud grandfather to his eight grandchildren. He is sorely missed by his family, friends and co–workers.

A Machinist With Asbestos Lung Cancer

Mr. George Goodyard is married with four daughters. For 34 years, he worked as a machinist in naval and private shipyards. He now has asbestosis and lung cancer as the result of his on–the–job exposure to asbestos. He has had part of his lung removed, and visits his doctor every three months for a check–up and X–rays. He receives a CAT scan every six months, and hopes that his condition does not deteriorate further.

“They knew about asbestos in 1970, but didn’t tell us anything about it,” Mr. Goodyard said. “We didn't know about the risks we were taking.” He also points out that even today, the insulation used in ships may be 30 to 40 years old and contain asbestos. The asbestos can be easily disturbed and become airborne, allowing workers to breathe in asbestos fibers.

Mr. Goodyard has a court date set for later this year. However, if S. 852 becomes law, his asbestos case could be thrown out, and he would have to apply to the asbestos trust fund program instead. The delay would be a hardship for Mr. Goodyard and his family. The asbestos trust fund will not be up and running immediately, and S. 852 creates an unwieldy bureaucracy that may not be efficient or effective.

Protest Against S. 852

S. 852 is extremely bad legislation that will help asbestos–related companies, but harm people with asbestos diseases. Please call or write to your Senators and urge them to vote NO on S. 852. The bill may come before the Senate in early February, so it is important to do this right away. You can find your Senators’ names, e–mails, and telephone numbers on the U.S. Senate web site at http://www.senate.gov/general/contact_information/senators_cfm.cfm

List of Client Cases

The four clients are involved in these cases:
David Bakkie: David Bakkie vs. Asbestos Defendants, San Francisco Superior Court, No. 491129
Ron Dutton: Ronald Dutton and Terri Dutton vs. Asbestos Defendants, San Francisco Superior Court, No. 420971
Joan Nettler: Joan Nettler, et al vs. Asbestos Defendants, San Francisco Superior Court, No. 413663
George Goodyard: George Goodyard vs. Asbestos Defendants, San Francisco Superior Court, No. 434978

About Brayton Purcell
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestos litigation. For more information, call 415-898-1555 or visit the firm web site at http://www.braytonlaw.com.

For information about asbestos and asbestos-related diseases, see the firm’s web sites, Mesothelioma Network, http://www.mesotheliomasite.com and Asbestos Network, http://www.asbestosnetwork.com.

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

Jury Awards Over $2.8 Million to Carpenter With Asbestosis

A San Francisco jury awarded over $2.8 million in damages to a carpenter with asbestosis, a painful scarring of the lungs caused by asbestos exposure.

(PRWEB) October 9, 2005 -- A San Francisco jury awarded Harold Phelps and his wife Neva over $2.8 million in damages because of Mr. Phelps’ on-the-job exposure to asbestos (Harold and Neva Phelps v. Hamilton Materials, Inc, San Francisco Superior Court, Case #433734).

Mr. Phelps, who is 77 years old, suffers from terminal asbestosis, which is a painful scarring of the lungs. He is dependant on oxygen 24 hours a day. The Las Cruces, New Mexico, resident had to be driven to San Francisco for the trial because the airlines would not allow his liquid oxygen on board the plane.

Mr. Phelps worked as a mechanic, laborer and carpenter. He was likely first exposed to asbestos as a child when he delivered lunch to his father at work in a locomotive roundhouse. Mr. Phelps was later exposed to asbestos during his years in the U.S. Navy and the U.S. Army, while working in the construction industry, and while working as a mechanic replacing automotive brakes, clutches and engines.

At no time during his career was Mr. Phelps advised to wear any form of respiratory protection. Hamilton Materials, the defendant, manufactured asbestos drywall finishing materials that Mr. Phelps was exposed to during his work as a carpenter and laborer.

The trial lasted just over three weeks and was presided over by the Honorable James McBride. The jury deliberated for five days before finding Hamilton Materials liable. They determined that Hamilton Materials products were defectively designed, that the company had failed to provide adequate warnings, and that it wa negligent.

Christopher E. Andreas of Brayton Purcell represented Mr. Phelps. “The jury members were very touched by the Phelps’ predicament,” Mr. Andreas commented. “The couple has been happily married for over 57 years. A number of jurors even went so far as to request the Phelps’ address so that they could write to them. As one juror put it...‘this was one of the most unique and amazing experiences I have ever had.’”

About Brayton Purcell:
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestosis, mesothelioma and other asbestos diseases.

For more information, call 415-898-1555 or visit our firm web site at http://www.braytonlaw.com. For legal, legislative and medical news about mesothelioma and other asbestos diseases, see our specialty web sites, Asbestos Network at http://www.asbestosnetwork.com and Mesothelioma Network at http://www.mesotheliomasite.com

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

Seattle Jury Delivers Verdict in Favor of Paper Mill Worker with Asbestosis

A Seattle jury delivered a $242,500 verdict in favor of Ernest Coulter, a 75-year old Port Hadlock paper mill worker with asbestosis, and his wife, LeRose.

King County, WA (PRWEB) April 8, 2005 -- A Seattle jury delivered a $242,500 verdict in favor of Ernest Coulter, a 75-year old Port Hadlock paper mill worker with asbestosis, and his wife, LeRose (Ernest Coulter and Lerose Coulter v. ACandS, Inc. et al., 2005, Case No. 01?2?34675?0SEA, King County Superior Court, WA). Caused by exposure to asbestos, asbestosis is an illness that scars and damages the lungs. Mr. Coulter was diagnosed with the disease in June 2000.

Mr. Coulter worked at the paper mill of Crown Zellerbach, also known as Port Townsend Paper Co., in Port Townsend, WA from 1946 through 1992. During this time, he was exposed to various asbestos dryer felts. Among his many duties, Mr. Coulter assisted with the changing of dryer felts on paper machines.

Asten Johnson manufactured and distributed asbestos-containing dryer felts, which were used inside large paper machines during the paper-making process. The dryer felts were made from woven asbestos yarn. Today, dryer felts are made with new synthetic yarns and fabrics, rather than with asbestos yarn. Huge rolls of felts are run through paper machines daily.

Dryer felt machine records showed that Port Townsend Paper used Asten asbestos dryer felts during the years that Mr. Coulter worked there. Mr. Coulter's counsel showed that the felts contained asbestos, and that Mr. Coulter's work with the felts was a substantial factor in causing his asbestosis. The jury rejected the defendant's claims that the felts did not release asbestos into the air, that they did not degrade, and that any released asbestos was washed away.

Mr. Coulter was represented by Gilbert L. Purcell of the Novato, California office of Brayton Purcell, and by Zachary Herschensohn of the law firm's Portland, Oregon office.

About Brayton Purcell
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of mesothelioma, asbestosis, and other asbestos-related diseases.

For more information, call 415-898-1555 or visit our firm web site at http://www.braytonlaw.com. For legal, legislative and medical news about asbestosis and mesothelioma, see our specialty web sites, Asbestos Network at http://www.asbestosnetwork.com and Mesothelioma Network at http://www.mesotheliomasite.com

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

San Francisco Jury Awards $1.25 Million in Asbestosis Case

A San Francisco jury unanimously awarded damages of $1.25 million to a retired pipefitter who developed asbestosis and asbestos pleural disease due to his on-the-job contact with asbestos.

(PRWEB) February 11, 2005 -- A San Francisco jury unanimously awarded damages of $1.25 million to a retired pipefitter who developed asbestosis and asbestos pleural disease due to his on-the-job contact with asbestos (Quarles v. Advocate Mines, Ltd; SF Superior Court; #409170). The plaintiff, Geronia Quarles, was represented at trial by James Nevin and Christopher Andreas of Brayton Purcell in Novato, California.

Advocate Mines, Ltd., the defendant, supplied asbestos fiber for Transite asbestos-cement pipe. It did not provide any warning to consumers about the asbestos fiber and continued to sell the product even though its miners had asbestos-related health problems. The jury concluded that the company acted with "malice" or "oppression."

Asbestosis and asbestos pleural disease are serious, debilitating illnesses caused by asbestos exposure. Asbestosis scars the lungs; asbestos pleural disease damages the membrane lining the lungs and chest cavity (the pleura). Both diseases reduce lung capacity, restrict breathing, and reduce the victim's ability to transfer oxygen from the air into the blood. About one in seven people who suffer from asbestosis eventually develop lung cancer. For more details about these conditions, see the Asbestos Network web site at http://www.asbestosnetwork.com/health/he_asbestosis.htm

About Brayton Purcell
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestosis, mesothelioma, and other asbestos-related cancers. For more information, call 415-898-1555 or visit the firm web site at http://www.braytonlaw.com. For details about asbestos exposure, asbestosis, and other asbestos-related diseases, also see the specialty web sites, Asbestos Network at http://www.asbestosnetwork.com, and Mesothelioma Network at http://www.mesotheliomasite.com

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

W.R. Grace Faces Asbestos Charges

W.R. Grace and seven top executives conspired to release asbestos and to hide health problems at its asbestos-contaminated vermiculite mine in Libby, Montana, according to the U.S. Department of Justice.

(PRWEB) February 11, 2005 -- W.R. Grace and seven top executives conspired to release asbestos and to hide health problems at its asbestos-contaminated vermiculite mine in Libby, Montana, according to the U.S. Department of Justice (U.S. v. W.R. Grace & Co., U.S. Court of Appeals, 9th Circuit, #03-35924). A grand jury indictment accuses the company of exposing its employees to asbestos, failing to disclose air monitoring results, interfering with an investigation by the Environmental Protection Agency (EPA), and giving away asbestos-containing materials to schools and local residents. Charges include clean-air act violations and wire fraud as well as conspiracy.

From 1963 through 1990, Grace operated a vermiculite mine in Libby that was contaminated with asbestos. Used in soil conditioners and insulation, vermiculite is a metal ore that can be heated to form a light-weight, fire-resistant substance. The Libby vermiculite was shipped to factories throughout the nation, endangering workers who were exposed to asbestos during processing. It was formulated into a type of insulation that may be contained in millions of homes.

"The situation in Libby provides an example of the shameful treatment that many workers have received from asbestos-related industries," said Alan Brayton, founding and senior partner of Brayton Purcell, a law firm representing asbestos victims. "Many people are not aware of the extent of the damage caused by asbestos. It is responsible for an aggressive cancer known as mesothelioma as well as for asbestosis, which is a painful scarring of the lungs. These diseases take decades to develop, and we may only be seeing the beginning of the problem."

The Brayton Purcell law firm provides further details about vermiculite and the charges against Grace on its specialty web site, Asbestos Network, at http://www.asbestosnetwork.com/news/nw_020805_grace_indict.htm . The site also discusses asbestos-related diseases and asbestos exposure.

About Brayton Purcell
For over 20 years, Brayton Purcell has helped clients protect their legal rights in the face of devastating losses such as illness, injuries, and harm to family members. The law firm enjoys a national reputation for the high quality of its personal injury and product liability work, particularly in the area of asbestosis, mesothelioma, and other asbestos-related cancers. For more information, call 415-898-1555 or visit the firm web site at http://www.braytonlaw.com. For details about asbestos exposure, asbestosis, and other asbestos-related diseases, also see the specialty web sites, Asbestos Network at http://www.asbestosnetwork.com, and Mesothelioma Network at http://www.mesotheliomasite.com

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Contact Information
Chris Andreas
Brayton Purcell
415 898-1555

Other Releases by this Member
Verdict of Over $1.9 Million for Retired Navy Machnist Exposed to Asbestos 2006-03-28 -
SF Jury Awards $1,083,000 in Asbestos Cancer Case 2006-02-18 -
Senator Urged to Correct Error Made in Debate Regarding Asbestos and Colon Cancer 2006-02-14 -
Brayton Purcell Fighting Against Unfair Asbestos Legislation 2006-01-27 -
Jury Awards Over $2.8 Million to Carpenter With Asbestosis 2005-10-09 -
Alan Brayton Becomes President-Elect of Public Interest Law Firm 2005-08-24 -
SF Jury Delivers Verdict of $3.4 Million in Colon Cancer Asbestos Trial 2005-06-02 -
Seattle Jury Delivers Verdict in Favor of Paper Mill Worker with Asbestosis 2005-04-08 -
San Francisco Jury Awards $1.25 Million in Asbestosis Case 2005-02-11 -
Brayton Purcell Sponsors Mesothelioma Applied Research Foundation Conference 2004-10-09 -

New Medication May Treat Pain Killer Dependency In Mesothelioma Patients
May 6th, 2008 - Pain arising from mesothelioma may need the use of pain killers which may lead to dependence. If your doctors start you on painkillers for pain arising from mesothelioma make sure to speak to them about Suboxone as an exit strategy when the pain is reolved.

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