Attorney Says Dr. Harron Did Nothing Wrong

The attorney for Dr. Ray Harron, whose diagnoses of asbestosis and silicosis have come under scrutiny in recent years, says his client has done nothing wrong.

This claim comes out of a lawsuit involving CSX Transportation, Dr. Harron and a Pennsylvania plaintiffs law firm.

This article from the West Virginia State Journal has the details.

As the article states:

"Jerald Jones, an attorney with the law offices of West & Jones in Clarksburg, said his client, Dr. Ray Harron, never made diagnoses of the incurable lung ailments silicosis and asbestosis."

"He just said the reading is consistent with silicosis and asbestosis," Jones said, adding, "He didn't make a diagnosis of anything."

So he apparently got paid at the rate of $125 an X-ray not to make a diagnosis of anything.

Nice gig.

Since he did nothing wrong, one wonders why he agreed to surrender his medical license in Texas, or why some asbestos claims trust funds have barred use of his medical reports.

Earlier posts regarding Dr. Harron can be found here.

W.R. Grace Agrees to Settle Asbestos Claims

W.R. Grace & Co. has agreed to settle all asbestos-related personal injury claims pending against the company.

This article from the Wall Street Journal has the details.

As the article states:

"The Columbia, Md., specialty-chemical company agreed to put $250 million into a trust fund that will distribute the money among people who were injured by exposure to asbestos contamination from Grace's products. Grace also will make payments to the trust amounting to $1.55 billion from 2019 to 2034, and issue warrants for the trust fund to acquire 10 million shares of Grace's common stock for $17 each."

A press release on the settlement from the company can be found here.

Probe Into Alleged Overbilling

From CNNMoney.com:

L.Tersigni Probe Alleges Overbilling
L.Tersigni Probe Says Overbilling by Firm Could Reach $10 Million

March 27, 2008: 05:49 PM EST

NEW YORK (Associated Press) - A court-ordered probe of L. Tersigni Consulting, an adviser in several high-profile bankruptcy cases, has found evidence that the firm's now-deceased founder defrauded companies out of millions of dollars through overbilling.

In a report filed Wednesday with the U.S. Bankruptcy Court in Bridgeport, Conn., the investigator said overbilling by Loreto Tersigni caused "significant financial damage" to companies that were in bankruptcy because of asbestos-related liabilities. The companies included Federal Mogul Corp. and W.R. Grace & Co.

The investigator, Hugh Ray of the Andrews Kurth law firm in New York, said the Tersigni firm's bills were padded by as much as 23 percent between 2002 and March 2007. He estimated companies could have overpaid between $5.5 million and $10.3 million.

"These actions injured creditors by harming the ability of the company to continue its operations, thereby resulting in a complete liquidation and further loss," Ray said in the report.

Anthony Tersigni, a lawyer who represents Loreto Tersigni's estate and his wife, Nancy, on Thursday denied that Loreto Tersigni defrauded the companies. Anthony Tersigni's firm also represented L. Tersigni before it filed for bankruptcy in November.

"These are allegations," he said in an interview. "If these claims are asserted we intend to vigorously oppose them, and we believe there are very strong defenses."

The Tersigni firm was an adviser to creditors who were pressing claims against bankrupt companies for asbestos-related injuries. Although the firm worked for the creditors, the companies were paying the bills.

The firm, founded in 2001, earned $45 million in gross revenue over its six-year lifespan, according to the report. During that time, Loreto Tersigni pocketed about 65 percent of that money, or nearly $30 million, as salary, 401(k) contributions and year-end profit distributions.

$250 Million Settlement for Libby, Montana

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W.R. Grace & Co. has agreed to a $250 million settlement with the Federal Government relating to the cleanup of asbestos at Libby, Montana.

This article from the New York Times has the details.

The press release on the settlement from the Department of Justice can be read here.

The Settlement Agreement can be viewed here.

Former Asbestos Attorney Sentenced to 15 Years in Prison

This article from Law.com has the details on the sentencing of Louis Robles (a former high-profile asbestos attorney from Miami) to 15 years in prison.

Where in the World is Dr. Harron?

This article from the New York Times discusses the (currently unknown) whereabouts of Dr. Ray Harron.

Dr. Harron is one of the physicians whose diagnoses of asbestosis and silicosis have come under scrutiny in recent years in ongoing investigations into asbestos and silica litigation.

Former Asbestos Attorney Pleads Guilty to Fraud Charges

This article from the Houston Chronicle has the details.

Earlier coverage can be found here.

Good News/Bad News

Here is a humorous post from the Law Blog of the Wall Street Journal on a plaintiffs firm that sent out some good news/bad news letters to their clients.

I got a kick out of reading this since I used to work for a plaintiffs firm that handled asbestos cases.

I would routinely have to talk to clients who were upset that their x-rays came back negative for asbestosis or silicosis.

One of my former co-workers and I sat down once and came up with a "You might be an asbestos client" list along the lines of Jeff Foxworthy's routine.

One of the lines we came up with was:

"If you've ever gotten mad when someone tells you that you don't have cancer....you might be an asbestos client."

WR Grace Loses Sole Control of Chpt 11

From Forbes:

PHILADELPHIA -

A bankruptcy judge on Thursday cut off W.R. Grace & Co.'s exclusive control of its bankruptcy case, opening up the possibility of competing Chapter 11 proposals for the specialty chemical company.

In a three-page order, Judge Judith Fitzgerald of the U.S. Bankruptcy Court in Wilmington, Del., granted a motion by lawyers for asbestos claimants, who said the threat of a rival Chapter 11 plan could push Grace to the bargaining table.

Daunting asbestos liabilities pushed W.R. Grace into Chapter 11 bankruptcy in 2001. The company said it had made progress in dealing with its asbestos troubles, and should hold on to the exclusive right to propose an outcome to its case.

"Termination of exclusivity will facilitate moving the case toward conclusion by changing the dynamics for negotiation while permitting (Grace) to continue to operate their business, resolve claims and participate in negotiations," the judge wrote.

Grace's bankruptcy proceedings have been characterized by extensive litigation over the company's asbestos liabilities. A court-ordered attempt to mediate a deal with asbestos claimants failed last year, and asbestos lawyers complain Grace has not been willing to talk.

The Columbia, Md.-based company's lawyers say they have been engaged in extensive talks with asbestos creditors.

Court of Appeals Rules Against W.R. Grace

The Ninth Circuit Court of Appeals has ruled against W.R. Grace in a criminal case regarding asbestos exposure in Libby, Montana.

This article from the Washington Post has the details.

The Court's Opinion can be seen here.

An earlier post on this topic can be found here.

W.R. Grace Bankruptcy in the News

Plaintiffs' attorneys are trying to speed up the bankruptcy proceedings for W.R. Grace.

This article has the details.

Travelers Settles Asbestos Claims

Travelers has reached a $449 million settlement with ACandS, Inc. over a lawsuit involving asbestos claims.

This article has more details.

The press release can be found here.

The Never-Ending Lawsuit

This is the lawsuit that never ends....

From the Southeast Texas Record:

Plaintiff in never-ending asbestos case goes to trial

Wednesday, June 27, 2007
By David Yates

Mention Case No. B150-374 to any Jefferson County District clerk and they're likely to cringe. Encumbered with thousands of plaintiffs, the asbestos lawsuit is so massive that it fills more than a hundred boxes and hogs about half of the courthouse's district record vault.

First filed in 1994, the suit's original petition has been amended 141 times, with the number of plaintiffs attached to the suit steadily growing every year. One of those plaintiffs, Shirley Melvin, has been severed from the lawsuit and given a trial date, July 7.

With Provost Umphrey attorney Brian Blevins leading the charge, Melvin, representing the estate of Joyce Myers, along with Herbert Myers, will battle the Mobil Oil Corp. and Mobil Oil Refining Corp. in Judge Gary Sanderson's 60th District Court.

The original 1994 lawsuit, Harold Daniels vs. Pittsburg Corning Corp. et al, has been severed roughly 220 times, with pieces of the suit being shipped to Harris County along the way.

The suit's 141st amended petition, filed in August 2006, accuses 68 corporations of mining, manufacturing and distributing asbestos products throughout Jefferson County, naming 31additional defendants than the first suit.

"All of the asbestos products placed in to the stream of commerce by defendants reached the end-product users without substantial change," the suit states. "All of these products were defective and unreasonably dangerous."

Some of the defendants named include Viacom, Lockheed Martin, Westinghouse Electric and General Electric.

"Defendants were all negligent in failing to adequately warn of the dangers of asbestos exposure," the suit said. "Their failure was a proximate cause of plaintiffs' injuries and damages. Defendants were also negligent in failing to adequately test their products to determine the hazards associated with their products."

The petition also faults Minnesota Mining and Manufacturing Corp. (3M Corporation) and American Optical Corp. for producing defective masks that failed to "provide respiratory protection."

In the upcoming trial, the plaintiffs will ask jurors to award them a substantial amount of money for physical pain and suffering in the past and future, mental anguish in the past and future, lost wages, loss of earning capacity, disfigurement in the past and future, physical impairment in the past and future, and past and future medical expenses.

Since June 20, 2007, Blevins has filed 13 new severances and added two new plaintiffs to the suit.

The case number going to trial is B150-374-BE

Texas Supreme Court Rules on Asbestos Exposure

The Supreme Court of Texas has issued an important Opinion regarding asbestos exposure.

The Court found that plaintiffs must demonstrate that their exposure to asbestos-containing products was a substantial factor in their developing asbestosis

This article offers more details.

The Court's complete Opinion can be found here.

An audio file of the Oral Argument regarding this case can be heard here.

Federal Prosecutors Appeal Decisions in W.R. Grace Asbestos Case

Federal prosecutors have taken their criminal asbestos-exposure case against W.R. Grace to the Court of Appeals.

The government is appealing several decisions by the Montana State Judge who is hearing the case.

This article from the Seattle Post-Intelligencer has the details.

An audio file of the hearing can be heard here.

More information on this case can be found here.

$5.2 Million Verdict in California Asbestos Case

A Jury returns a verdict against Foster Wheeler Corp. in an asbestos case in California.

The Jury found that Foster Wheeler acted with malice and awarded $5.2 million in damages of which $2 million were awarded for punitive damages.

This article from the Associated Press has more details.

Recent Asbestos Litigation News

A New Jersey State Judge rules against Congoleum Corporation's $500 million settlement with its asbestos claimants.

This article from Law.com has the details. The article states that the settlement was: "a bad-faith deal engineered by lawyers acting collusively."

The Judge's decision can be found here.

Recent News in Asbestos Litigation

A Federal Judge has rejected the plea agreement of a former asbestos attorney charged with fraud. Details here.

W.R. Grace seeks protection from railroad asbestos suits. Details here.

Florida Asbestos Attorney Agrees to Plea Deal

A prominent Miami plaintiffs attorney who was indicted on charges of fraud has accepted a plea deal that includes a 10 year prison sentence.

This article from Law.com has the details.

Earlier coverage can be found here and here.