Worthington Law Firm Announces New Guide to Asbestos Bankruptcy Trusts

“Asbestos Bankruptcy Trusts: The Good, The Bad And The Ugly”

Since the early 1980’s, companies responsible for inflicting asbestos-related illness on hundreds of thousands of Americans have sought to limit or escape legal liability through filing Chapter 11 bankruptcy.

By filing Chapter 11, a company is given immediate immunity from lawsuits filed by the victims of its asbestos products. The company is then given many years to satisfy a number of legal requirements while the victims, many of whom do not have the luxury of time, are forced to wait. Upon meeting the requirements, the company is granted permanent immunity from lawsuits filed by all past and future victims, and is able to emerge from bankruptcy and continue doing business as usual.

The one consolation to asbestos illness victims is the requirement that the company pool assets and insurance proceeds and place them in a trust to compensate past and future victims. The trust establishes guidelines dictating the amount of compensation to be paid to claimants based primarily on severity of illness. While it is not necessary for victims to appear in court or provide testimony, the amount received from the trust is often far less than what would have been received if the company could be sued in a lawsuit.

Despite their many shortcomings, asbestos bankruptcy trusts are becoming an increasingly important component of the compensation available to victims of asbestos disease. This is due to a continuing decrease in the number of viable companies that can be sued in court and a continuing increase in the number of companies filing Chapter 11 bankruptcy.

In order to aid in the understanding of how asbestos bankruptcy trusts came to exist, how trust claims are processed and the current status and future outlook of these trusts, we have assembled a comprehensive guide to asbestos bankruptcy trusts entitled: “Asbestos Bankruptcy Trusts: The Good, The Bad And The Ugly.” Click here to review this helpful resource and continue to visit Mesothelioma Bytes for the latest news on asbestos bankruptcy trusts.

If you have any questions, or would like to learn more, please contact us at info@rgwpc.com or 1-800-931-9399.

“Ored to Death” – The Daily Show Takes on the Canadian Asbestos Industry

In a recent blog we addressed efforts on the part of mining interests, with support from the Canadian government, to re-open the world’s largest asbestos mine in the city of Asbestos, Quebec. Although the sale of asbestos is prohibited in Canada, the consortium plans to sell the deadly fiber to India and other developing countries.

This story also caught the attention of Comedy Central Network’s “Daily Show”, hosted by Jon Stewart. In this segment which aired on May 12, correspondent Asif Mandvi visits the town of Asbestos and interviews mine and city officials who ridiculously adhere to the position that the chrysotile fiber removed from the mine is “relatively” safe despite the weight of scientific evidence to the contrary.

Mandvi manages to maintain his comedic shtick during an interview with mine owner Bernard Coulumbe up to the point where Mr. Coulumbe states that it’s ok to sell asbestos to India because “they are used to pollution.” At which point Mandvi, who is Indian, breaks character and exclaims: “that’s really f***ed up…selling them things that are going to kill them…that’s my family over there!”

Marilyn Bertrand

 The callous statements from the Canadian mine and city officials interviewed by Mandvi remind us of a 1998 exchange between Roger Worthington and University of Quebec Occupational Hygienist, Dr. Bruce Case. The exchange was precipitated by an article “The Serpent in the Rock”  authored by Mr. Worthington about a woman named Marilyn Bertrand who was diagnosed with mesothelioma at the age of 42. Marilyn recalled sleeping with a “furry” asbestos rock that she would snuggle with in her bed at night as a child. The asbestos rock was given to her by her brother who worked at a Quebec asbestos mine.

In response to the article, Dr. Chase felt compelled to send Mr. Worthington a letter defending the Quebec asbestos mines from what he termed “false allegations” concerning the link between mesothelioma and the chrysotile fiber mined from the Quebec asbestos mines. Dr. Chase went so far as to warn Mr. Worthington: “I strongly suggest, for your own protection, that you remove this page from your site.” Click here to see the full dialogue, which includes Mr. Worthington’s recounting of the history of U.S. and Canadian asbestos companies’ efforts to cover up and suppress medical data on the health dangers of asbestos. 

We applaud Assif Mandvi and the Daily Show for bringing public attention to the latest chapter in the Canadian asbestos industry’s deadly charade.

Los Angeles Jury Awards More Than $5.55 Million to 70 Year Old Navy Veteran

Los Angeles Jury Awards More Than $5.55 Million to 70 Year Old Navy Veteran and Pump Mechanic Exposed to Dust From Asbestos Gaskets and Packing While Working at C&H Sugar in Benicia, California.

Richard Keeney

The Worthington Law Firm and co-counsel The Farrise Law Firm are pleased to report that on January 27, 2012, a Los Angeles, California jury of 6 men and 6 women awarded more than $5,550,000 in favor of their clients Richard Keeney and Howard Garcia. Mr. Keeney declares, “I am utterly amazed at what the two firms have done for me. They both worked really hard.”

Mr. Keeney is a 70 year-old gentleman who served his country in the U.S. Navy from 1958 to 1979, earning five Good Conduct Awards, a National Defense Service Medal, a Vietnam Service Medal, a Republic of Vietnam Campaign Medal, an Armed Forces Expeditionary Medal (Korea) and a Navy Unit Commendation. After his retirement from the Navy, Mr. Keeney worked as a pump mechanic at the C&H Sugar plant in Benicia, California from 1976 to 1995.

While working at C&H Sugar, Mr. Keeney was frequently exposed to dust from asbestos gasket and packing materials used with pumps and other machinery at the plant. In January 2011, Mr. Keeney was diagnosed with malignant pleural mesothelioma, a cancer which attacks the linings of the lungs in persons exposed to asbestos. Mr. Keeney has received treatment for his disease at the West Los Angeles VA Medical Center including a lung-sparing pleurectomy/decortication surgery performed by surgical oncologist Robert Cameron, M.D.

In March 2011, the Worthington and Farrise firms filed a lawsuit on behalf of Mr. Keeney and his domestic partner against over 45 defendants. Pre-trial settlements were reached with many defendants. On December 12, 2011, the case proceeded to trial against John Crane, Inc., a company which manufactured and/or sold more than 300 different asbestos containing gasket and packing styles from 1917 through at least 1985.

Rick's honorable
discharge from the
U.S. Navy, 1979

Trial lasted approximately 4 weeks. Attorneys Simona A. Farrise and Carlos Guzman lead the effort for plaintiffs. After deliberating for 14 days, the jury awarded damages of more than $5,550,000 in favor of Mr. Keeney and Mr. Garcia. The jury found John Crane, Inc. 12% negligent and strictly liable for its asbestos gasket and packing materials that Mr. Keeney worked with for approximately 15 years. According to Mr. Keeney, he states “I don’t want to put a value on someone’s life, but I think what the jury and the court decided is fair.”

Mr. Keeney is glad that the case has finally come to an end and states that he’s been amazed by the process and what his legal team has been able to do for him. He states that he was “…flabbergasted by the defense tactics of deflecting blame even when confronted with the facts. It boggled my mind and was hard for an ill person like myself to tolerate day after day.” He is grateful for the dogged representation of his attorneys, especially Simona Farrise, whom he describes as “ferocious” and “relentless” in her fight for his rights.

Recovering from
surgery.
February, 2011

Mr. Keeney will now return his focus to fighting his disease with the assistance of Dr. Robert Cameron. A new spot was recently found in his pleural cavity which will soon be biopsied. If the growth is malignant, Dr. is recommending cryoablation, a new minimally invasive procedure which uses controlled freezing to dissipate small tumors. Mr. Keeney describes Dr. Cameron as “incredibly well-informed and absolutely wonderful” and states that it is a constant “relief to know that I am in the right hands.”

When things settle down, Mr. Keeney and his domestic partner, Mr. Garcia, to whom the jury awarded damages for loss of consortium, are looking forward to traveling to Washington D.C. where he plans to re-visit the Vietnam Veterans Memorial and the United States Navy Memorial. “Having the opportunity to take this much awaited trip confirms for me how great it is to be an American. I'm grateful to have had access to outstanding medical and legal talent.”

February 1, 2012