Wisconsin Asbestos & Mesothelioma » Wisconsin

Wisconsin Court of Appeals throws out $1.5 million Asbestos verdict

Frank — Tue, 24 Jan 2012 21:43:50 +0000

In Singer v. Pneumo Abex, LLC, the Wisconsin Court of Appeals ruled that a Milwaukee court should have granted summary judgment against the estate of a man who died from malignant mesothelioma. The successful Wisconsin defense law firm in the case was the Madison office of Godfrey & Kahn. The unsuccessful plaintiff was represented by an out-of-state law firm and not a Wisconsin asbestos law firm.

The evidence in the case showed that the plaintiff’s decedent had worked at Harnishfeger, one of many Wisconsin companies facing asbestos litigation or alleged to have some link to asbestos or mesothelioma. The evidence also showed that the plaintiff’s decedent was likely exposed to asbestos while cleaning up asbestos dust caused by brake linings at Harnishfeger’s plants. However, the plaintiff failed to prove that the plaintiff’s decedent was ever likely exposed to Abex’s brake shoes with asbestos.

Unfortunately, this problem highlights one of the major difficulties in succeeding in a wrongful death case related to malignant mesothelioma caused by asbestos, which is locating credible evidence from which a reasonable person could infer that the deceased was exposed to the defendant’s asbestos product. Since malignant mesothelioma may not be diagnosed for 20 or 30 years after a person’s exposure to asbestos, there may be difficulty in proving which asbestos products the person was exposed to that caused the mesothelioma.

The problem of product identification is one of many reasons why anyone diagnosed with malignant mesothelioma should hire immediately an asbestos lawyer. Too often, families will wait to hire a lawyer until after their family member has died from mesothelioma. However, doing that prevents the asbestos lawyer from obtaining sometimes critical evidence the would allow the attorney to prove which asbestos products caused the mesothelioma.

Wisconsin Sheet Metals Union Asbestos Case

Frank — Fri, 05 Nov 2010 21:47:36 +0000

Asbestos exposure on construction sites was commonplace in the 1940′s, 1950′s, 1960′s and 1970′s. Recently, I was able to help a man who was exposed to asbestos during that time. He worked throughout the Milwaukee, Wisconsin area and was diagnosed this year with mesothelioma. As is typical in asbestos mesothelioma cases, the diagnosis was made after a biopsy of his lung and a nodule. He is actually retired in Arizona, but since his exposure as a construction worker in the Sheet Metals Union took place here in Wisconsin, the basis for his lawsuit against manufactures and distributors of asbestos laced products is here and based on their causing his mesothelioma.

Asbestos Successor Liability

Frank — Tue, 14 Jul 2009 13:54:16 +0000

Crown Cork & Seal apparently has very good lobbyists or knows how to influence Wisconsin’s Joint Finance Committee, Legislature and Governor in order to basically get its own law in the recently passed budget. Sadly, those on the receiving end of this law are those victims suffocating from mesothelioma and asbestos exposure. Essentially, the law gives Crown Cork & Seal immunity in Wisconsin from asbestos related lawsuits filed by victims of asbestosis and mesothelioma.

Wisconsin mesothelioma car brakes case

Frank — Tue, 12 May 2009 20:55:00 +0000

Wisconsin’s Court of Appeals today released Tatera v. FMC Corp., 2008AP170. This asbestos lawsuit relates to the wrongful death of the plaintiff’s decedent who died of malignant mesothelioma. The widow asserted that the malignant mesothelioma was caused by exposure to asbestos that took place while the decedent worked in a machine shop. The decedent had worked with friction brake materials and his job had involved grinding brake linings made with asbestos.

FMC Corp. was a supplier of asbestos brake linings and though it did not manufacture asbestos brake linings, it was alleged to have sent over 18,000 friction lining parts to the decedent’s employer. The lawsuit asserted that FMC and asbestos brake lining manufacturers were liable for the decedent’s wrongful death from mesothelioma based on Wisconsin strict liability and negligence law. Essentially, the Wisconsin Court of Appeals held that a such supplier of asbestos products could not be held strictly liable, but could be found negligent in causing the death from mesothelioma.

Asbestos Trusts

Frank — Fri, 08 May 2009 15:20:13 +0000

Asbestos trusts are the topic of a recent law firm’s national t.v. commercial I saw on CNN and Secrecy of asbestos trusts basically explains why that is. The bottom line for the asbestos victim suffering from mesotheliom or asbestosis is that you should find a lawyer or law firm in your state, here it’s Wisconsin, that works with the asbestos trusts.

The system is set up in a way such that it is essentially impossible for an asbestos victim to actually file their own claim against asbestos trusts. It’s likely easier to handle your own medical malpractice trial. In fact, it’s so difficult to make a claim against the asbestos trusts that most personal injury lawyers will not handle cases against asbestos trusts, which is why my law firm often receives referrals from other lawyers of clients suffering from mesotheliom or asbestosis.

If you are looking within Wisconsin to make a claim related to asbestos-related disease and potentially Wisconsin asbestos companies or the asbestos trusts, then contact us. Do similarly, if you want to find a lawyer out of state to make claim against asbestos companies or the asbestos trusts.

Wisconsin Asbestos Removal

Frank — Sun, 05 Apr 2009 23:01:46 +0000

Wisconsin asbestos removal instructions are being offered by the Wisconsin Department of Health Services for free from 1-5pm Tuesday at Northcentral Technical College in Wausau. The sessions are meant to help contractors and property managers and owners address changes to the Wisconsin administrative code that relate to asbestos abatement. In older properties, asbestos maybe found in flooring, caulks, mastics, fireproofing materials, ceiling tiles and sidings as well as other building materials. During the asbestos abatement process, these materials are dealt with carefully so as not to release asbestos dust into the air.

WR Grace Asbestos Criminals

Frank — Fri, 27 Mar 2009 00:48:13 +0000

Here’s a Bloomberg article describing how one of those poor asbestos companies (sarcasm, see last post) was warned about how it was killing the people of Libby, Montana with its asbestos-laced vermiculite.

Closer to home, Wisconsin companies facing asbestos litigation or alleged to have some link to asbestos or mesothelioma include:

Alfa Laval Flow, Kenosha
Algoma Hardwood, Algoma
Allen Bradley, Milwaukee
Allied Glove Corporation a/k/a Allied Glove & Safety Products Corporation, Milwaukee
Allied Insulation Supply Co, Milwaukee
Allis Chalmers, Milwaukee
American Brass, Kenosha
A.O. Smith Corporation, Milwaukee
Appleton Coated Papers, Appleton
Appleton Gas Plant, Appleton
Appleton Wire, Appleton
Aqua-Chem Inc., Milwaukee
Army Corp of Engineers, Milwaukee
A W Chesterton Company
Badger Ordnance Works, Baraboo
Badger Meter Inc., Milwaukee
Badger Paper Mill, Peshtigo
Bay Shipbuilding, Sturgeon Bay
Bergstrom Paper, Appleton
Beloit Corporation a/k/a Regal-Beloit Corporation, Beloit
Blatz Brewery, Milwaukee
Brake Parts Inc., Manufacturer of Raybestos Brand Brakes, Waupaca
Briggs & Stratton Corp., Wauwatosa
Bucyrus-Erie a/k/a Bucyrus Foundry a/k/a Bucyrus International, Inc., South Milwaukee
Building Service Industrial Supply Inc, West Allis
Burger Boat, Manitowoc
CBS Corporation, New York
Charmin Paper, Green Bay
Christy Corporation, Sturgeon Bay
Cleaver Brooks, Milwaukee
Colt Industries, Janesville
Columbia Hospital, Milwaukee
Consolidated Paper, Wisconsin Rapids
Copes Vulcan Inc., Madison
Cooper Industries Inc, Houston
Cooper Power Systems, Franksville
Crucible Steel Casting, Milwaukee
CSR Limited, New Orleans
DaimlerChrysler Corporation, Kenosha
Dana Corporation, Brake and Chassis, McHenry, Illinois
Delphi Energy & Engine Management Systems, Milwaukee
Dielectric, Menomonee Falls
Eaton Corp
Eaton Electrical Inc
Edgewater Power Plant, Sheboygan
Falk Foundry, Milwaukee
Federal Mogul Corporation, Manitowoc
Federal-Mogul Corporation Piston Rings and Liners, Schofield
Federal-Mogul Corporation Sintered Valve Train and Transmission Products Waupun
Federal-Mogul Corporation Piston Rings and Liners, West Allis
First Wisconsin Center, Milwaukee
Fort Howard Paper Mill, Marinette
Foster Wheeler Energy Corp
Fox River Paper, Appleton
Garlock Sealing Technologies LLC
General Casting, Milwaukee
General Electric Company, Business Units: GE Capital, GE Industrial Systems, GE Lighting, GE Medical Systems, GE Plastics, GE Power Systems, GE Supply, Various Locations
General Motors Corporation, Delphi Electronics (formerly Delco), Milwaukee
General Signal Corp, Muskegon
Georgia-Pacific, Green Bay
Gladfelter Company, Neenah
GM Assembly, Janesville
Grede Foundries, Milwaukee
Harnischfeger, Milwaukee
Hennes Services Inc, West Milwaukee
Holy Family Hospital, Manitowoc
IMO Industries Inc
Industrial Holdings Corp
Ingersoll Rand
International Paper, Green Bay
Ipsen International Inc, Springfield, IL
J.I. Case, Racine
JP Pulliam Power Plant, Green Bay
Kewaunee Nuclear Plant, Kewaunee
Kimberly-Clark Corporation, Neenah
Kraft Foods, Beaver Dam
Ladish, Cudahy
Manitowoc Company, Manitowoc
Manitowoc Shipyard, Manitowoc
Marine Plaza, Milwaukee
Marquette Cement Plant, Milwaukee
Metlife Inc
Midalco Ltd
Miller Brewery, Milwaukee
Milwaukee Valve Company, Milwaukee
Mirro Aluminum, Manitowoc
Mosinee Paper, Mosinee
Neenah Foundry, Neenah
Nekoosa Edwards Paper, Nekoosa
Nelson Dewey Station, Cassville
Nicolet Paper, De Pere
Nohl Corp, Milwaukee
Northern States Power, La Crosse
Northridge, Milwaukee
Oak Creek Power Plant, Oak Creek
O I Inc
Owens Illinois Inc
Pabst Brewery, Milwaukee
Parkland Builders, Janesville
Pelton Steel, Beloit
Peterson Builders, Sturgeon Bay
Plastics Engineering Co., Sheboygan
Pope & Talbot, Eau Claire
Port Washington Power, Pt Washington
Rockland Builders, Janesville
Rexnord Nordberg, Milwaukee
St. Regis Paper, Rhinelander
Riley Power Inc
Rock River Power Plant, Rock River
Rockwell Automation, Milwaukee
Southridge, Milwaukee
S.C. Johnson, Racine
Saint Francis Hospital, Milwaukee
Saint Lukes Hospital, Milwaukee
Saint Michaels Hospital, Milwaukee
Secure Horizons
Sprinkmann Sons Corp, Milwaukee
SPX Corporation, Madison
Square D Company
Sturgeon Bay Shipbuilding, Sturgeon Bay
Svoboda Industries, Kewaunee
Theda Clark Medical Center, Appleton
Two Rivers Hospital, Two Rivers
U.S. Rubber, Eau Claire
Union Carbide Co
Unit Drop Forge, Milwaukee
Valley Power Plant, Milwaukee
Warren Pumps LLC
Waukesha Foundry Co. Inc., Waukesha
Wausau Paper Mill, Brokaw
Westinghouse
Weston Power Plant, Rothchild
Weyerhaeuser, Marshfield
Wisconsin Energy Corporation (WEC), Milwaukee
Wisconsin Electric Gas, WE Energies, WEPCO, Wisconsin Energies, Wisconsin Natural, and WICOR, locations throughout Wisconsin

Asbestos Insurance in Wisconsin

Frank — Sat, 21 Feb 2009 05:15:18 +0000

Plastics Engineering Company (PLENCO) v. Liberty Mutual Insurance Company, 2009 WI 13, is an asbestos insurance case recently issued by the Wisconsin Supreme Court. The primary holding of the decision is found in the following paragraph: “First, under this policy and the facts of this case, we must determine what constitutes an occurrence and how many occurrences have taken place. Liberty Mutual argues that Plenco’s manufacture and sale of asbestos-containing products without warning constitutes one occurrence regardless of the number of people injured. Plenco, on the other hand, argues that each individual’s exposure to asbestos, which results in injury, constitutes a single occurrence. Under Plenco’s argument, several occurrences have taken place because many people have been exposed over the span of many years. Given the policy language, we agree with Plenco and conclude that each individual’s repeated exposure constitutes an occurrence.”

Since this asbestos case affects businesses and insurers in Wisconsin asbestos lawsuits, I’ll direct those folks to Quarles’ and Foley’s interpretations of the case.

Asbestos Occupations

Frank — Wed, 11 Feb 2009 16:54:21 +0000

Asbestos-related occupations include the following:

Auto mechanics
Boilermakers
Bricklayers
Building inspectors
Carpenters
Demolition workers
Drywallers
Electricians
Floor covering manufacturers or installers
Furnace workers
Glazers
Grinders
Hod carriers
Insulators
Iron workers
Laborers
Longshoremen
Maintenance workers
Merchant marines
Millwrights
Operating engineers
Painters
Plasterers
Plumbers
Roofers

For a more complete list see Wisconsin mesothelioma occupations.

Frequency of Malignant Mesothelioma

Frank — Tue, 10 Feb 2009 16:48:20 +0000

Wisconsin, when compared to other states, ranks in the upper 1/3 of states with malignant mesothelioma asbestos deaths. Waukesha County, Wisconsin, where my law firm is located, had the highest age-adjusted mortality rate of malignant mesothelioma deaths in Wisconsin.