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Asbestos Finally Banned in United States

We’ve been waiting nearly 50 years to type this: Asbestos is finally banned in the United States.

After decades of inadequate protections for workers, the EPA has finally banned the only remaining type of asbestos still imported into America. More than 50 countries have already banned the use of asbestos, which is known to cause several types of cancer including mesothelioma and ovarian cancer.

The asbestos in question, chrysotile, is used in a variety of products, including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and some other types of gaskets. The use of asbestos has been declining as years progress.

Although there are several types of asbestos that occur naturally in the environment, only chrysotile had been used in the United States in recent years. In fact, raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Known as “white asbestos,” most consumer products that historically contained chrysotile asbestos have been discontinued.

RPWB attorneys have been helping asbestos victims with personal injury lawsuits against asbestos manufacturers for more than 40 years. Our work continues to hold the asbestos industry responsible for the estimated 40,000 asbestos-related deaths in the United States each year. With a verdict of $250 million, RPWB continues to hold the record for the largest single asbestos verdict in our nation’s history and we have helped workers in nearly every U.S. state and territory.

While the use of asbestos in new products is declining, it remains present in a variety of buildings throughout the country. Asbestos was widely used in construction through the 1970s and was used much longer than that in other industries.

The move by the EPA to implement the rule banning chrysotile asbestos will save lives, but unfortunately, due to the prevalence of asbestos and the long latency period for mesothelioma and lung disease, many people will continue to be diagnosed for years to come. In recent years, many people have come into contact with asbestos in talc products, including cosmetics, talcum powder and baby powder. Asbestos and talc occur naturally in nature, so there is a risk of contamination with talc products.

If you or a loved one has been diagnosed with mesothelioma, please contact us for a free, no obligation case review. All of our asbestos attorneys have devoted their careers to help asbestos victims.

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    With Sixteen Attorneys Named to Best Lawyers List, RPWB is the Top-Listed Product Liability and Class Action Law Firm in the State

    Sixteen RPWB attorneys were selected for the 2023 edition of The Best Lawyers in America® list for numerous practice areas including personal injury, product liability, mass tort, class action and medical malpractice litigation.

    This marks the sixth consecutive year in which RPWB is the top-listed plaintiff law firm in South Carolina for both product liability litigation and class action & mass tort litigation.

    RPWB member Beth Burke was selected as personal injury lawyer of the year in Charleston, South Carolina. In addition to working on medical malpractice and personal injury cases, Burke serves in the leadership of the national lawsuit against 3M for supplying military personnel with defective earplugs. She also represents Marine Corps veterans who developed cancer and other serious conditions after consuming contaminated water at Camp Lejeune between 1953 and 1987.

    Beth Burke is personal injury lawyer of the year in Charleston, S.C.

     

    Here is the full list of RPWB attorneys on the 2023 edition of The Best Lawyers in America®:

    Mount Pleasant, S.C.

    Nina Fields Britt – Mass Tort/Class Actions Litigation

    Beth Burke – Mass Tort/Class Actions, Personal Injury & Product Liability Litigation

    Jerry Evans – Mass Tort/Class Actions & Product Liability Litigation

    Kim Keevers Palmer – Mass Tort/Class Actions Litigation

    Greg Lofstead – Product Liability & Mass Tort/Class Actions Litigation

    Christiaan Marcum – Mass Tort/Class Actions & Product Liability Litigation

    Tom Rogers – Medical Malpractice Law & Personal Injury Litigation

    Hoyt Rowell – Healthcare Law & Mass Tort/Class Actions Litigation

    Chris Tuck – Mass Tort/Class Actions, Product Liability Litigation & Qui Tam Law

    Ed Westbrook – Mass Tort/Class Actions Litigation

    Bobby Wood – Mass Tort/Class Actions & Product Liability Litigation

    Charleston, S.C.

    Michael Brickman – Antitrust Law, Mass Tort/Class Actions & Securities Litigation

    Charles Patrick, Jr. – Mass Tort/Class Actions & Product Liability Litigation

    Aiken, S.C.

    Dave Butler – Personal Injury & Product Liability Litigation

    Ken Wilson – Personal Injury & Product Liability Litigation

    Edwardsville, Ill.

    Jena Borden – Mass Tort/Class Actions & Product Liability Litigation

    Ones to Watch

    Three younger attorneys at the firm are recognized as “Ones to Watch,” a distinction for up-and-coming attorneys.

    • Chuck Dukes is listed for antitrust law, commercial litigation, mass tort/class action litigation, personal injury litigation and product liability litigation.
    • Matt Nickles is honored for personal injury and product liability litigation.
    • TAC Hargrove was selected for commercial litigation following his work on litigation associated with the failed V.C. Summer nuclear expansion project.

    About Best Lawyers

    Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 116,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 17 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2023 edition of The Best Lawyers in America®, more than 12.2 million votes were analyzed. Lawyers are not required nor allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

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      RPWB Helped Doctors Get Refunds for Non-Conforming Records Software

      RPWB attorneys played a leading role in more than 5,000 doctors’ offices receiving refunds for being misled about their electronic medical record software qualifying for Medicare and Medicaid incentives.

      For years, Greenway Health sold software it claimed was certified under the federal government’s “Meaningful Use” program. That program includes financial incentives designed to reward physicians for choosing electronic medical record software that uses a standardized format designed to cut down on human error, easily be shared by multiple health providers and simplify the claims process.

      The class action lawsuit against Greenway Health was filed in 2019 on behalf of physician offices that purchased the software. Over the course of the suit, extensive discovery was conducted, including more than a million pages of exchanged information.

      It became clear the company was aware of flaws in its software and had designed the software in a manner that appeared to pass the federal government’s tests even though it did not have the functionality required.

      In the end, a settlement was reached in 2021 that refunded thousands of doctors throughout the country. Not a single class member objected to the settlement, and the checks were disbursed earlier this year.

      “The software is incredibly expensive and the switching costs for a doctor’s office are quite high,” said RPWB attorney Jim Bradley, one of the attorneys who litigated the case. “We were pleased that we could return money to these physician offices to compensate them for being sold a product that did not meet the stated specifications.”

      In addition to Bradley, RPWB attorneys Michael Brickman, Nina Fields and Caleb Hodge served as class counsel in the lawsuit against Greenway Health.

       

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        EPA Proposes Asbestos Ban

        Many people do not realize it, but asbestos is not banned in the United States despite the fact it kills thousands of Americans each year by causing mesothelioma cancer and other forms of lung disease.

        That might be about to change. The EPA has announced it intends to ban the known carcinogen using new authority granted to the agency by the 2016 Toxic Substances Control Act. On Tuesday, April 5, 2022, the EPA announced that it will move forward with an asbestos ban.

        The EPA last attempted to ban asbestos in 1989, but a federal court shot the effort down, an escapade that highlighted the toothlessness of the original 1976 Toxic Substances Control Act. Similar attempts in Congress also sputtered, most recently in 2020, when the bipartisan measure nearly made it to the House floor before falling apart with competing accusations about who was responsible for the failure.

        “EPA’s proposed rule is a strong step forward in eliminating exposure to a substance that is killing 40,000 Americans each year,” Linda Reinstein, president of the Asbestos Disease Awareness Organization, said in a statement.

        Under the proposed rule, the agency would ban uses for chrysotile, the one remaining type of asbestos fiber still in use in the United States. One of the major current uses for asbestos in America is the chlorine manufacturing process. In 2021, chemical companies imported 100 tons of chrysotile asbestos from Brazil. In prior years, they also imported from Russia. The 11 active chemical plants that utilize asbestos also used around 220 tons of asbestos they had previously stockpiled. Other chemical plants no longer use asbestos in the chlorine manufacturing process.

        Under EPA’s proposed rule, the remaining chlorine plants that still import raw asbestos would have two years to stop using asbestos filters.

        Sheet gaskets that contain asbestos would be banned after two years. Most remaining products that contain asbestos — oilfield brake blocks, aftermarket automotive brakes and linings, other “vehicle friction products,” and other types of commercial gaskets — would be banned after 180 days.

        The proposed asbestos ban is set to be published in the Federal Register, which kicks off a 60-day public comment period. The Biden administration hopes to have the ban finalized by November.

        The ban isn’t the end of the EPA’s review of asbestos, however. The agency says it intends to look at other asbestos fibers as well as examine asbestos present in talcum powder products, which has caused even those who never worked around asbestos to develop mesothelioma. Asbestos and talc often are located near one another in the natural environment, which can cause contamination in products like baby powder and cosmetics. These asbestos victims are often younger than the blue-collar workers exposed through the late 1970s at their job sites.

        RPWB lawyers have helped thousands of mesothelioma patients nationwide get financial compensation from asbestos manufacturers since 1976, when we worked on the first successful product liability case against the asbestos companies. We have seen first-hand the devastating health effects caused by asbestos, and applaud all efforts to eliminate asbestos from the United States.

        If you or a loved one has been diagnosed with mesothelioma or another form of asbestos-caused lung cancer, please give us a call anytime at 1-866-594-8765 or fill out the contact form on this page.

        For more information about mesothelioma, please visit our Mesothelioma Info Center.

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          Top-Listed Firm for Personal Injury, Product Liability and Mass Torts

          RPWB is the top-listed plaintiff law firm in South Carolina for personal injury, product liability and mass tort litigation in the 2021 edition of The Best Lawyers in America®.

          In all, 14 RPWB attorneys were named Best Lawyers in their respective practice areas. Two other RPWB lawyers were named “Ones to Watch,” a designation for younger, up-and-coming attorneys.

          Also in the 2021 edition of Best Lawyers, two RPWB attorneys were honored as lawyers of the year in Charleston, SC.

          Elizabeth Middleton Burke honored for her work on product liability litigation. Burke is one of the leaders in the national product liability litigation against 3M for manufacturing faulty earplugs for service members.

          Thomas Rogers received the distinction for his work on medical malpractice cases

          RPWB’s Best Lawyers

          Jena L. Borden

          • Mass Tort Litigation / Class Actions – Plaintiffs

          Michael J. Brickman

          • Litigation – Securities
          • Mass Tort Litigation / Class Actions – Plaintiffs

          Nina Fields Britt

          • Mass Tort Litigation / Class Actions – Plaintiffs

          Elizabeth M. Burke

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          J. David Butler

          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Jerry Hudson Evans

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Gregory A. Lofstead

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Christiaan Marcum

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Kimberly Keevers Palmer

          • Mass Tort Litigation / Class Actions – Plaintiffs

          Charles W. Patrick, Jr.

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Thomas D. Rogers

          • Medical Malpractice Law – Plaintiffs
          • Personal Injury Litigation – Plaintiffs

          A. Hoyt Rowell III

          • Health Care Law
          • Mass Tort Litigation / Class Actions – Plaintiffs

          T. Christopher Tuck

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Edward J. Westbrook  

          • Mass Tort Litigation / Class Actions – Plaintiffs

          Kenneth J. Wilson

          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Robert S. Wood

          • Mass Tort Litigation / Class Actions – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          RPWB’s ‘Ones to Watch’

          D. Charles Dukes

          • Antitrust Law
          • Commercial Litigation

          Matthew A. Nickles

          • Personal Injury Litigation – Plaintiffs
          • Product Liability Litigation – Plaintiffs

          Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 108,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 13 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2021 Edition of The Best Lawyers in America©, 9.4 million votes were analyzed, which resulted in more than 67,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

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            16 RPWB Lawyers Selected For Best Lawyers List

            CHARLESTON – RPWB was once again the top-listed plaintiff law firm in South Carolina for product liability cases as well as mass tort and class action lawsuits in the 2020 edition of The Best Lawyers in America®, which was released in August 2019.

            In total, 16 RPWB attorneys were designated as 2020 Best Lawyers, including David Butler, who was chosen as the personal injury lawyer of the year in the Augusta, Ga. metropolitan area. Butler, who works out of Aiken, S.C., has devoted much of his career representing asbestos victims who have developed mesothelioma, but he also works on other personal injury and product liability cases.

            Here are the RPWB attorneys named to the 2020 Best Lawyers list:

            Michael J. Brickman
            Litigation – Securities
            Mass Tort Litigation / Class Actions – Plaintiffs

            Elizabeth M. Burke
            Mass Tort Litigation / Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            David Butler
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Blair Hahn
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Gregory A. Lofstead
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Christiaan Marcum
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Kim Keevers Palmer
            Mass Tort Litigation / Class Actions – Plaintiffs

            Terry E. Richardson, Jr.
            Business Organizations (including LLCs and Partnerships)
            Mass Tort Litigation / Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Railroad Law

            Thomas D. Rogers
            Medical Malpractice Law – Plaintiffs
            Personal Injury Litigation – Plaintiffs

            Hoyt Rowell III
            Health Care Law
            Mass Tort Litigation / Class Actions – Plaintiffs

            Brady Thomas
            Mass Tort Litigation / Class Actions – Plaintiffs
            Personal Injury Litigation – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Christopher Tuck
            Mass Tort Litigation / Class Actions – Plaintiffs

            Charles W. Patrick, Jr.
            Mass Tort Litigation / Class Actions – Plaintiffs
            Product Liability Litigation – Plaintiffs

            Edward J. Westbrook
            Mass Tort Litigation / Class Actions – Plaintiffs

            Kenneth J. Wilson
            Product Liability Litigation – Plaintiffs

            Bobby Wood
            Mass Tort Litigation / Class Actions – Plaintiffs

            Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and we have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

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              RPWB is a 2019 U.S. News Best Law Firm

              CHARLESTON, S.C. – Richardson, Patrick, Westbrook & Brickman was named a 2019 Best Law Firm by U.S. News & World Report, recognizing the plaintiff firm for its work on mass torts and class actions, product liability, securities, healthcare law, medical malpractice and personal injury lawsuits.

              With 16 lawyers listed on the underlying Best Lawyers in America list, RPWB was the top-listed plaintiff law firm in the country for its work on mass torts and class actions. RPWB was the top-listed plaintiff law firm in South Carolina for mass torts, personal injury and product liability.

              Four RPWB attorneys were new to the list: Brady Thomas, Chris Tuck, Bobby Wood and Ken Wilson. RPWB founding member Ed Westbrook was named Lawyer of the Year for class actions and mass torts in the Charleston-area.

              Here are the RPWB attorneys named to the 2019 Best Lawyers list:

              Michael Brickman
              Litigation – Securities
              Mass Tort Litigation/Class Actions – Plaintiffs

              Elizabeth Middleton Burke
              Mass Tort Litigation/Class Actions – Plaintiffs
              Personal Injury Litigation – Plaintiffs
              Product Liability Litigation – Plaintiffs

              David Butler
              Personal Injury Litigation – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Blair Hahn
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Greg Lofstead
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Christiaan Marcum
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Kim Keevers Palmer
              Mass Tort Litigation/Class Actions – Plaintiffs

              Charles Patrick
              Mass Tort Litigation/Class Actions – Plaintiffs
              Product Liability Litigation – Plaintiffs

              Terry Richardson
              Business Litigation
              Mass Tort Litigation/Class Actions – Plaintiffs
              Personal Injury Litigation – Plaintiffs
              Railroad Law

              Tom Rogers
              Medical Malpractice Law – Plaintiffs
              Personal Injury Litigation – Plaintiffs

              Hoyt Rowell
              Health Care Law
              Mass Tort Litigation/Class Actions – Plaintiffs

              Brady Thomas
              Mass Tort Litigation/Class Actions – Plaintiffs
              Personal Injury Litigation – Plaintiffs

              Chris Tuck
              Mass Tort Litigation/Class Actions – Plaintiffs

              Ed Westbrook
              Mass Tort Litigation/Class Actions – Plaintiffs

              Ken Wilson
              Product Liability Litigation – Plaintiffs

              Bobby Wood
              Mass Tort Litigation/Class Actions – Plaintiffs

              About RPWB

              RPWB was formed in 2002 as a collective of talented legal minds who focus on complex litigation throughout the United States. The firm is well-respected for its work on mass torts and product liability cases, including mesothelioma lawsuits and pharmaceutical litigation. RPWB attorneys regularly hold leadership positions on class actions and other mass torts across the nation.

              RPWB founding member Terry Richardson was among the first attorneys in the nation to successfully hold asbestos manufacturers liable for causing mesothelioma cancer. Several attorneys at the firm played pivotal roles in the fight against tobacco companies in the 1990s that led to the Tobacco Master Settlement Agreement. Some of those same attorneys are currently assisting six Canadian provinces seeking to recoup public healthcare spending on smoking-related illnesses.

              In addition to national litigation, RPWB also represents individual people in many practice areas, including: catastrophic personal injury, truck accidents, railroad accidents, construction defects, medical malpractice, mesothelioma and other occupational lung disease, whistleblower & qui tam, nursing home abuse, pharmaceutical drugs and medical device cases.

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