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RPWB Named To Leadership of 3M Combat Arms Ear Plug MDL

RPWB member attorney Elizabeth Middleton Burke was named to the leadership of the 3M Combat Arms Ear Plug multidistrict litigation. Federal lawsuits filed against 3M for producing faulty military ear plugs have been consolidated in the Northern District of Florida.

Burke was named as co-chair of the Plaintiff Steering Committee, which builds the national product liability case and manages the litigation on behalf of the thousands of current and former military personnel who have filed federal lawsuits. She and other RPWB attorneys represent hundreds of veterans and active duty service members throughout the United States.

The dual-ended 3M Combat Arms Ear Plugs (version 2) were standard issued equipment for service members between 2003 and 2015. This included those who were deployed to combat zones, such as Iraq and Afghanistan.

3M’s Combat Arms ear plugs were supposed to provide two levels of ear protection: one side to block all noise and the other to protect the eardrums from gunfire and explosions while still allowing military personnel to communicate freely.

However, design flaws and insufficient testing resulted in the failure of the dual-ended Combat Arms Ear Plugs (version 2) to protect service members’ ears. This has resulted in high incidences of tinnitus (ringing or buzzing of the ears) as well as partial or full hearing loss.

A whistleblower came forward to the federal government to indicate that the design flaw had been known as early as 2000. The manufacturer had moved forward with selling the ear plugs to the military despite knowing they were flawed. In 2018, 3M settled with the federal government.

Now, individual service members are seeking justice and compensation from 3M for their hearing loss and tinnitus. Current or former military personnel who suffer from hearing problems should seek immediate advice from an experienced attorney as statutes of limitation dictate the amount of time they have to file a lawsuit against the manufacturer of the Combat Arms Ear Plugs.

To learn more about our work to help service members who continue to suffer from hearing problems as a result of these faulty ear plugs, please click here or give us a call at 1-888-855-9481. You may start a free, no obligation case review by filling out the form below.

Learn More About Military Ear Plug Lawsuits

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New Mesothelioma Therapy Approved by The FDA

There is positive news for those diagnosed with malignant pleural mesothelioma.

The Food and Drug Administration (FDA) recently approved the NovoTTF-100L System for the treatment of malignant pleural mesothelioma.

This is the first therapy to receive FDA approval for the disease in 15+ years. The last treatment to receive FDA approval was Alimta in 2004.

Questions? You can learn more about this and other treatments and your legal options by scheduling a free consultation.

What is the therapy?

NovoTTF-100L System delivers Tumor Treating Fields (TTFields) directly onto the affected area – in this case, the outer lining of the lungs, or mesothelium. These low-intensity electric fields have been found to interfere with the division of cancer cells.

The therapy comes after the STELLAR trial, which involved patients with newly diagnosed mesothelioma who had not yet been treated, and whose cancer could not be fully removed through surgery.

To administer the treatment, four transducer arrays are taped to the upper torso of the patient. These arrays deliver the fields directly into the affected area, and may be administered for up to 18 hours a day.

This non-invasive treatment is unique in that patients can receive treatment in the privacy of their homes. The system is battery operated, lightweight, and portable, making it convenient for patients to use in our out of their homes.

Tumor Treating Fields are used in the treatment of other tumors and cancers, as well. Using TTFields for mesothelioma is a breakthrough in the treatment of a cancer that is difficult to treat.

Mesothelioma patients are encouraged to discuss TTFields and other treatment options with their doctors.

Free consultation: Talk to a mesothelioma lawyer today

If you or a loved one has been diagnosed with mesothelioma and wish to speak to a mesothelioma lawyer, take advantage of our free consultation.

We represent mesothelioma victims across the U.S., and we can come to you. Call or email us today.

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Mesothelioma Can Come Decades After Asbestos Exposure

Preventing fires is important for public safety, but some efforts at doing so are better than others. For example, asbestos was once widely used in homes and other buildings as a form of fire retardant. While asbestos might be effective at resisting and preventing fires, it is also extremely dangerous to human health. The toxic substance causes mesothelioma, a fatal cancer that affects victims’ lungs and various other organs.

Asbestos is no longer used in new construction, but it can still be found in many older buildings and homes. Also, many companies and manufacturers still use asbestos in other types of products. Because of these and other factors, most people in South Carolina will be exposed to asbestos at some point. It is important to understand that even minimal exposure can lead to serious health outcomes.

In the United States, 3,000 people are diagnosed with mesothelioma every year. Tracking down asbestos exposure can be difficult, but the vast majority of mesothelioma diagnoses can be directly traced to exposure to the substance. For the average patient suffering from this cancer, many decades pass between the time of exposure and the development of the cancer. Some people do not even realize they were exposed to asbestos until they are diagnosed with mesothelioma.

The average mesothelioma diagnosis comes sometime between 20 and 50 years after exposure to asbestos. This means that some people in South Carolina could soon be diagnosed with a disease from a job they worked nearly half a century ago. However, just because a significant period of time passes between exposure and diagnosis does not mean that a victim has to shoulder the burden by his or herself. For many victims, achieving compensation through a successful civil suit can help address damages for pain and suffering, medical bills and much more.

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Apartment Residents Worried About Asbestos Exposure

Removing asbestos from older buildings is extremely dangerous. If not done properly, asbestos fibers can become airborne. This type of asbestos exposure is linked to devastating health outcomes, including lung cancer and mesothelioma. However, before being diagnosed, some people in South Carolina might not even know that they were ever exposed to the deadly substance.

A group of residents at an apartment in another state say they were never warned of possible exposure to asbestos. The asbestos was located in the apartment’s laundry room, which is located in the basement of the building. Residents say they were never notified that work would be going on before the removal process started.

One of the residents only found out that the removal project was for asbestos because she works from home and was there when it started. When the workers left, they put up a sign warning residents to stay out of the basement for at least 24 hours. According to that same woman the basement doors were wide open the next morning. The property manager later sent an email saying that the residents were not at risk because he did not believe that the asbestos ever became airborne.

Asbestos is a cancer-causing substance found in a wide variety of products. Many older buildings are contaminated with the substance, which can become deadly if disturbed. When South Carolina building owners do not adequately warn residents or visitors of possible asbestos exposure or take the correct steps for its removal, they can potentially be held responsible for their actions. Many victims find that pursuing civil suits against these individuals can achieve both necessary compensation as well as a much-needed sense of justice.

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Merchant Marines and Mesothelioma

Many Navy veterans have developed mesothelioma due to asbestos exposure on Navy ships. But another group of employees who have widely been exposed to asbestos on ships is Merchant Marines.

These men and women offer valuable service transporting cargo and passengers in times of peace, and supporting the United States Navy in times of war.

Unfortunately, many Merchant Marines were exposed to asbestos on ships. In many cases, this exposure occurred decades ago. Before 1980, asbestos was commonly used on cargo ships and tankers.

But because of the long latency period between asbestos exposure and a mesothelioma diagnosis, many of these individuals are now beginning to develop health problems due to asbestos exposure.

Recent Supreme Court ruling may help Merchant Marines

A recent Supreme Court ruling is proving beneficial for many individuals who were exposed to asbestos on ships, including Merchant Marines who developed mesothelioma.

Much of this exposure occurred when asbestos-containing equipment was being used on ships. In the past, the bare metal defense was used by some manufacturers to protect themselves from being held liable for sailors’ asbestos-related disease. These manufacturers of pumps, valves, boilers and other equipment prevalent on ships made equipment that required asbestos to be added in order for it to work. However, they denied taking responsibility for sailors’ mesothelioma and other asbestos-related disease by arguing they made ‘bare metal’ equipment that contained no asbestos. Just recently, the Supreme Court decided, in a 6-3 ruling, that these manufacturers can be held liable when use of their equipment leads to a mesothelioma diagnosis.

Learn more about the recent Supreme Court ruling that may positively affect those who served in the Merchant Marines.

Free consultation: Help for Merchant Marines

If you were exposed to asbestos as a Merchant Marine and have developed mesothelioma, talk to one of our lawyers to learn about your legal options. We represent clients throughout the U.S.

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Whole Community Still Fears Asbestos Exposure

Working in certain industries can put people at a higher than average risk for being exposed to asbestos. However, being employed in construction or manufacturing is far from the only way to fall victim to asbestos exposure. In some situations, entire neighborhoods and communities might be exposed through no fault of their own.

The residents of a community in a state outside of South Carolina say they are still scared about the lingering effects of asbestos in their neighborhoods. According to the Environmental Protection Agency, asbestos was discovered in the neighborhood back in 2011. The asbestos came from a nearby vermiculite processing plant, which operated between the years of 1953 and 1989. One long-time resident said that there were plenty of unexplainable deaths throughout the decades.

A three-phase cleanup project included soil excavation and taking multiple air and ground samples, and was wrapped up back in Dec. 2016. The full cleanup was being finalized in Jan. 2017. However, residents believe that this might not have been enough. The nearby plant that processed the asbestos-contaminated vermiculite is still standing. Although no longer in operation, there is plenty of concern that it could continue spreading asbestos.

When entire communities are affected by asbestos exposure, the impact can be widespread and devastating. South Carolina families may be unsure of where to turn for help or how to approach the financial aspect of handling the medical expenses of loved ones fighting such a dreaded disease. In some situations, victims and their families choose to pursue civil lawsuits against the parties who caused the exposure, in pursuit of monetary damages incurred as a result of negligent exposure to asbestos.

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RPWB named to leadership of firefighting foam MDL

CHARLESTON, S.C. – RPWB has been named to the leadership of litigation to help the nation’s water utilities filter out harmful chemicals left behind by firefighting foam manufactured by 3M and Tyco.

RPWB member Christiaan Marcum sits on the Plaintiff Executive Committee of the Aqueous Film-Forming Foam (AFFF) Multi-District Litigation, which has been consolidated in the District of South Carolina in front of the Honorable Richard M. Gergel.

The chemicals in question – per- and polyfluoroalkyl substances – are sometimes described as “forever chemicals” because they have half-lives of up to 70 years. Fearing the chemicals cause health problems including cancer, a number of states are now limiting the chemical’s presence in drinking water. The federal Environmental Protection Agency also is considering action.

Along with co-counsel Roe Frazer of Tennessee, RPWB represents American Water Systems, the country’s largest private water supplier. American Water Systems owns and/or operates water treatment facilities in 47 states.

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AFFF firefighting foam has been phased out of use by many fire departments, but it is still widely used at military facilities and airports. It is generally regarded as being effective at suppressing fires involving airplanes and other vehicles that carry large amounts of fuel, but it is problematic because it can easily find its way into drinking water sources and it takes so long to breakdown.

The 75 cases that have been consolidated in Charleston, South Carolina, include both public and private water utilities that must install enhanced filtration systems to meet water quality standards, as well as individual plaintiffs who allege the chemicals in their drinking water have caused cancer and other personal injuries.

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EPA Seeks to Limit Asbestos Exposure With New Rule

Despite the fact that the dangerous health effects of asbestos are well understood, it is still imported into the United States. This imported substance is used in a wide range of products that continue to put people in South Carolina at significant risk for asbestos exposure. A new rule from the Environmental Protection Agency could help reduce the risk of exposure to new uses of asbestos.

While many people believe that the United States has a total ban on asbestos, it actually only has a partial ban. That partial ban has allowed the ongoing importation and manufacturing of asbestos, which is frequently used during industrial processes and in specialized products. The EPA proposed its Significant New Use Rule — SNUR — in 2018, which it hoped would close up loopholes that allow ongoing asbestos use. Feedback from safety advocates led the EPA to revise SNUR.

In its current iteration, SNUR will prevent any asbestos use aside from those that are already taking place. It will also make it easier for the EPA to regulate asbestos and any applications for exceptions. Those that request exceptions will also be subjected to an intense safety review as well as additional regulations and restrictions.

New rules and legislation aimed at reducing the risk of asbestos exposure are important, particularly when it comes to the health and well-being of South Carolina residents. Whether from older or newer uses, exposure to asbestos can lead to some devastating diseases. Mesothelioma and lung cancer can be fatal to victims, who often need help getting compensation for their medical bills, lost wages and other damages.

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Property Owners Sentenced For Asbestos Exposure

Removing asbestos can be a dangerous undertaking and may put workers and nearby people at risk for exposure. In order to minimize asbestos exposure and the related health risks, removal of the toxic substance is heavily regulated. Some people in South Carolina and elsewhere view this regulation as more of an annoying roadblock than an important safety measure, and end up making decisions that land them in trouble with the law.

In 2015, a pair of brothers purchased a property that they knew contained asbestos. Reportedly 35 and 39 years of age, they were told by their realtor that it would be costly to have the asbestos properly removed. Another potential buyer had apparently backed out of the purchase when he received a $117,000 bid to safely remove the asbestos in the right manner. The brothers moved ahead with the purchase.

According to the U.S. Attorney’s Office, the brothers hired a crew to demolish areas of their building that were contaminated with significant levels of asbestos. Not only did workers not use proper methods for safe removal such as negative air pressure and protective sheeting, but they were also not equipped with the right safety gear. The workers were given masks and suits to wear, but neither were approved for asbestos protection, which left them vulnerable to exposure.

The property owners were recently sentenced for the illegal removal of asbestos. Both will serve a year for probation, perform 50 hours for community service and pay a $9,500 fine. However, no amount of criminal consequences can undo the asbestos exposure that workers and other people likely suffered. This is why it can be so important for victims of exposure in South Carolina to hold negligent individuals responsible for their actions. Not only can successful claims achieve compensation for things like mesothelioma and lung cancer, but they can also force companies to be more responsible when dealing with toxic substances like asbestos.

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What are the Two Types of Asbestos?

Asbestos is a chemically harmless substance, but when it is inhaled or ingested, it can wreak havoc on the body.

Mesothelioma is a serious type of cancer caused by asbestos exposure. It typically affects the outer lining of the lungs, but can affect other areas of the body, as well. For many people diagnosed with mesothelioma, asbestos exposure occurred several decades ago in a workplace setting.

We know that asbestos exposure causes mesothelioma. But how much do we know about asbestos as a substance?

According to the American Cancer Society, there are two types of asbestos:

  • Chrysolite asbestos is widely used in industrial settings. Chrysolite asbestos fibers are spiral-shaped.
  • Amphibole asbestos fibers are needle-shaped. There are many types of amphibole asbestos.

Exposure to either type of asbestos can cause mesothelioma.

Since it is so dangerous to the human body, why is asbestos used?

Asbestos is popular for its heat and fire-resistant properties. It is cheap and durable. It was widely used in insulation, shipbuilding, automotive parts, roofing, construction, and other applications.

The dangers of asbestos were not fully realized by the public until the 1970s because asbestos companies spent decades hiding the science showing how harmful asbestos is and fighting against compensating workers for asbestos-related disease. Even today, asbestos is still used in many industries.

Mesothelioma has a long latency period, meaning several decades may pass between when asbestos exposure occurred and when someone is diagnosed with mesothelioma.

Even so, when someone is diagnosed with mesothelioma, it is usually possible to pinpoint where and when the asbestos exposure occurred with help from a mesothelioma attorney. If you or a loved one has been diagnosed, you can learn about your specific options by talking to an attorney from our law firm.

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