Weitz & Luxenberg Responds to Incidence of Illegal Asbestos Abatement

By: Legal - Law News

“What makes the case of the Callahan asbestos removal investigation particularly disheartening was Callahan's exploitation of the homeless by needlessly exposing them to asbestos,” said Patti L. Burshtyn, an attorney in the Weitz & Luxenberg, P.C. Asbestos Litigation department.

John Edward Callahan was found to have hired untrained homeless individuals to perform asbestos abatement work, placing them and the public at large at risk for exposure to asbestos, a known carcinogen. The Virginia man was sentenced last month to 21 months in prison for violating federal environmental laws.

In March 2004, Callahan, a two-time convicted felon, was contracted to remove asbestos from a building in Roanoke, Va. He then commissioned indigent workers to perform the abatement, paying them an hourly wage of just $10. Callahan instructed those in his charge to cut the asbestos without wetting it, a clear violation of federal regulations pertaining to the proper removal of asbestos.

Callahan also broke federal laws related to asbestos disposal, improperly labeling bags of the material. These bags were taken to a landfill site that had a section designated for asbestos waste, but, due to the mislabeling, were dumped in the general trash.

Ms. Burshtyn explained that given the long latency period for developing asbestos-related disease after exposure to the mineral, these workers may develop mesothelioma or asbestos-related lung cancer 30 or 40 years in the future.

“In addition to the myriad economic and health issues the homeless face every day,” said Ms. Burshtyn, “these workers were unwittingly exposed to a toxic substance and may potentially contract a fatal lung disease as a result.”

Weitz & Luxenberg is known for its preeminent role in the prosecution of asbestos cases. In 2007, the firm won a $37 million asbestos verdict in two lung cancer cases in a reverse bifurcated trial. The firm also secured a $25 million jury verdict in 2006 in a trial against DaimlerChrysler AG for a New York City brake reliner who lost his right lung to mesothelioma. In 2002, the firm won a $53 million verdict for a brake mechanic suffering from mesothelioma, and a $49 million verdict for a boilermaker who died from mesothelioma.

People who have been harmed by asbestos can contact Weitz & Luxenberg at www.weitzlux.com. You may also contact the Client Relations at 1 (800) 476-6070 or via e-mail at clientrelations@weitzlux.com.

About Weitz & Luxenberg, P.C.

Weitz & Luxenberg, founded in 1986, is one of the leading plaintiffs’ litigation law firms in America. The firm has played leading roles in national and local litigations involving asbestos, DES, silicone breast implants, medical malpractice, and general negligence, among others. A forerunner in the legal fight against environmental polluters, Weitz & Luxenberg has worked with clients harmed by MTBE and mercury, among other toxins. The firm has won numerous cases involving dangerous pharmaceuticals, including Vioxx, achieving a $13.5 million verdict against Merck & Co. The firm’s other active pharmaceutical litigations include actions against the manufacturers of Bextra, Celebrex, Ortho Evra and Seroquel.