Arkansas Messothelioma Lawyers
Fayetteville Asbestos Exposure Lawyer
When you are sick and
you know something is wrong, cancer is the last thing you want to hear
from your doctor. It does not matter how well you take care of yourself,
if you have been exposed to asbestos, you are at risk for mesothelioma.
If you or someone you love has been diagnosed, it is time to learn more
about your rights and options.
At the Odom Law Firm, our Arkansas
mesothelioma lawyers have been protecting the rights of people
diagnosed with mesothelioma since 1986. We have seen firsthand the
serious and even fatal effects of mesothelioma, and we will do
everything we can to make sure you explore your full range of recovery
options.
The dangers of asbestos are commonly known and understood. Building
owners and contractors know the steps that need to be taken in order to
deal with asbestos properly. Most importantly, they understand that the
failure to do so puts people at risk. That makes it negligence.
If you have developed mesothelioma,
you have to ask yourself whether it could have been prevented. Many old
buildings, including factories, schools and municipal buildings were
built with asbestos. Did you know about the dangers you were exposed to?
Did your employer know? Our attorneys are ready to talk to you face to
face and help you explore your recovery options during this difficult
time. We handle a wide range of cases, including:
Arkansas Mesothelioma Attorneys and Asbestos Cancer Resources (AR)
Arkansas (AR) Asbestos Information:
In a news story on MARKET WIRE, asbestos litigator Nick Johnson
expressed concern that asbestos exposure is still a major concern for
Arkansas residents, despite numerous government regulations.
"What many people don't realize is that we don't have an actual
ban on asbestos," Johnson stated. "Asbestos still exists in thousands of
products today. While OSHA regulates most affected businesses, it's the
do-it-yourselfer and the smaller establishments that really need to be
forewarned."
While a bill passed by the U.S. Senate in the fall of 2007 will
ban all manufacture, distribution and use of asbestos by 2010 (pending
approval of the House), the fact is that asbestos will continue to be a
problem for decades - and Arkansas is no exception.
Where the Asbestos Is
Although occurring naturally in only two locations, both in the
western part of the state in the Hot Springs and Russellville areas,
power and electric plants and oil company facilities are common
throughout Arkansas: ten power generating stations and three oil
facilities have been identified as industries in which workers suffered
asbestos exposure. These industries were located primarily in
Fayetteville, Jonesboro, Little Rock and Pine Bluff.
The Arkansas Historic Preservation Program notes that asbestos
siding was a popular choice among homeowners, not only due to its
fireproof properties, but because it also did not require expensive and
time-consuming paint jobs. This asbestos siding came in numerous styles,
including a "raked cedar" look that was imitative of wood materials.
Additionally, asbestos was used in all the usual places: pipes, roofing,
insulation, etc. 
Asbestos continues to be a problem in Arkansas buildings. In
October of 2007, a local newspaper reported a story of two buildings set
for demolition in the town of Lowell in which asbestos was discovered
just before work was to begin. Over 700 square feet of
asbestos-containing material was found in the floor tile and mastic
installed in offices and restrooms.
The city, which purchased the buildings, will get off fairly
inexpensively, however; abatement costs were estimated at just under
$3,000.
Arkansas Construction Industry Rules
Removal of asbestos-containing material (ACM) is regulated by the
Arkansas Department of Environmental Quality (ADEQ), under the state
Pollution Control and Ecology Commission Regulation 21 on asbestos
abatement. The text of the regulation, which was instituted on 30 May
1997, is 66 pages long. The essence of this regulation, however, is
simply to bring Arkansas state law into compliance with definitions,
safety rules and disposal regulations established by the Environmental
Protection Agency. It also establishes licensing requirements for
asbestos abatement contractors.
The Department of Pollution Control and Ecology is the licensing
authority for asbestos abatement contractors; penalties for hiring
unlicensed and/or untrained workers for asbestos abatement are severe.
Asbestos Fatalities in Arkansas
Over 60 counties in Arkansas reported at least one fatality due to mesothelioma
or other asbestos disease between 1979 and 1999. The statewide total
was 276; interestingly, well over half of these were due to the rare
asbestos cancer mesothelioma, despite the fact that asbestosis
is medically far more common. Pulaski County (county seat: Little Rock)
topped the list, with 19 asbestosis and 25 mesothelioma-related deaths
reported during that period; Sevier County (county seat: DeQueen) had
one patient death from asbestosis.
Arkansas (AR) Mesothelioma Lawyer & Legal Resources:
Arkansas mesothelioma lawsuits
are historically pro-victim when the individual goes through the proper
channels, which includes filing claims with the Workers' Compensation
Commission within three years of discovery of the disease. 
However,
when this statute of limitations has run out, there is little
compensation. Additionally, it is rare for class action lawsuits to be
approved to go forward in the state of Arkansas, so victims must
generally file individual lawsuits to obtain compensation for their
damages. In all cases, however, if you have been diagnosed with
malignant mesothelioma or another form of asbestos disease, it is
important that you speak to an Arkansas mesothelioma lawyer as soon as
possible to ensure that all of your rights are protected.
The statute of limitations for personal injury law in Arkansas is
three years, with a discovery rule that states that this amount of time
begins when the problem (in this case the mesothelioma) either was
discovered or should have been discovered. There is no specific statute
about asbestos in Arkansas; however, this statute of limitations has
been upheld in asbestos-related cases. For example, in Chambers v.
International Paper Company, which went through several rounds of
appeals and was completed in 1997, the court upheld a ruling by the
Workers' Compensation Commission that the plaintiff's asbestosis claim,
filed more than three years after his retirement on permanent disability
due to other causes, was barred by the three-year statute of
limitations applicable to asbestosis and silicosis claims.
As indicated by support of the Chambers ruling, those individuals
who wish to sue for workers' compensation on asbestos-related claims in
Arkansas must go through the Workers Compensation Commission (WCC). 
This
fact was further emphasized by the Arkansas State Supreme Court ruling
of 2006, which allowed an Arkansas multiple-plaintiff asbesto lawsuit to
proceed after it had been dismissed by a lower court. The dismissal was
due to the ruling that the claims weren't covered by the Arkansas'
Workers Compensation Act; the State Supreme Court found that it is up to
the WCC to make that determination. Therefore Arkansas mesothelioma
victims in should work with the WCC when filing court cases.
It is important to note that although class action lawsuits by
mesothelioma victims are possible in Arkansas, previous decisions made
by the Arkansas courts may make them difficult to pursue. For example,
in 1999, the Arkansas Supreme Court affirmed a lower court's denial of
class action litigation rights in the case of Baker v. Wyeth-Ayerst
Laboratories Division. In this case, which involved diet drugs rather
than asbestos exposure,
it was determined that the individual differences experienced by the
people in the case prevented them from coming together in a class action
lawsuit. These differences included:
the plaintiffs had different medical conditions and family histories at the time the drugs were prescribed
the drugs were prescribed by different doctors who had different degrees of knowledge regarding the risks posed by the drugs
the doctors told the plaintiffs different things about the risks
the plaintiffs had different levels of knowledge, which they obtained from outside sources, about the risks
the plaintiffs took different combinations of the three different diet drugs
the plaintiffs took the drugs for different durations
some plaintiffs had no physical injuries, while others had physical injuries but of different degrees and types
the plaintiffs had different damages in that some wanted
medical monitoring while others requested traditional damages such as
medical expenses, pain and suffering
Baker v. Wyeth-Ayerst Laboratories Division was referenced by the
Arkansas Supreme Court in a 2000 case, also unrelated to asbestos, in
which the court said that the Baker case ruling gave broad discretion to
trial courts in determining whether or not class actions should be
allowed.
Arkansas had 273 asbestos-related deaths from 1979 through 2001
alone. Pulaski County tops the list of counties with 25 mesothelioma
deaths and 19 deaths from asbestosis. Several industries prominent in
Arkansas have historically put workers at risk of asbestos exposure,
including paper mills, power plants, chemical plants, oil refineries,
aluminum plants, and other manufacturing facilities. Each of these
industries runs machinery and creates materials at very high levels of
heat. Previous to the 1980s, asbestos was widely used in industrial
plants because of its heat and fire-resistant properties and its
heightened resistance to chemical degradation.
Exposure to asbestos needlessly put workers at risk of developing asbestos-related diseases such as mesothelioma.
Because asbestos takes years or even decades to affect the body and
patients do not typically demonstrate symptoms of an asbestos-related
illness for at least ten years, it is likely that a high number of
deaths attributed to asbestos will continue to occur in Arkansas.
We strongly urge anyone diagnosed with an asbestos-related disease or an
heir, if that person has passed away, to contact a mesothelioma
attorney
to determine if a mesothelioma lawsuit is appropriate. If you or
someone close to you has mesothelioma due to asbestos exposure in
Arkansas, attorneys Clapper, Patti, Schweizer & Mason can help. Clapper, Patti, Schweizer & Mason are mesothelioma lawyers with over 30 years of experience. We can explain your legal rights and help you understand what to expect from a mesothelioma lawsuit.
Our attorneys have recovered millions of dollars in settlement
compensation for mesothelioma patients and their families. We provide a
free case evaluation, and there is no up front cost for our services.
Asbestos Exposure in Arkansas
Arkansas is home to many heavy industries, including paper mills,
power plants, chemical plants, oil refineries, aluminum plants, and
other manufacturing facilities. All are known high-risk industries for
asbestos exposure and asbestos-related diseases. The state has many
older buildings as well. Most public buildings constructed prior to 1980
incorporated asbestos-containing materials to help prevent fires.
Before its dangers were widely known, asbestos was commonly used in
shingles, flooring, pipefittings and even HVAC systems.
Asbestos was used in paper mills to insulate and protect machinery
during the paper making process. A pleural (body cavity that surrounds
the lungs) cancer study found that the majority of fatal asbestos
exposures in paper mills occurred in maintenance workers who were
responsible for the upkeep of the intricate paper making machinery.
Maintenance workers were particularly at risk of inhaling loose asbestos
fibers from the insulation and heating element holders when they opened
up the machinery to check that the passageways were clear and the
heating elements were working properly.
Asbestos exposure was virtually unavoidable in power plants built
prior to 1980. Due to its insulating and fire-retardant qualities, power
plants used asbestos to protect equipment exposed to high temperatures,
such as boilers, generators and turbines. Pumps and valves were often
sealed with asbestos containing gaskets, and pipes were insulated with
asbestos. Power plants tended to have fireproof roof structures and
floors, and asbestos was the material of choice. When floors and
ceilings were repaired, asbestos dust was distributed throughout the
powerhouse, putting everyone at risk for asbestos inhalation.
Oil refinery workers were also at high risk of asbestos exposure.
Prior to the late 1970s, asbestos was used widely to insulate many
pieces of equipment that operated at hot temperatures inside oil
refineries. This equipment included furnaces, tanks, boilers, ovens,
heat exchangers and pumps. Those workers who repaired and maintained the
asbestos insulation used in this equipment were especially prone to
asbestos fiber inhalation.
Workers in all of these industries sometimes wore protective gear,
including gloves and facemasks, made from asbestos fibers to protective
them from heat-creating elements. This clothing may have put them into
direct contact with dangerous asbestos fibers. When asbestos is inhaled
or ingested, the thin fibers that make up this mineral can cause
asbestos-related diseases, including mesothelioma.
You should know that Arkansas has a unique set of laws that could impact
your ability to file a claim. For example, Arkansas has statute of
limitation laws that restrict the time frame in which mesothelioma
victims and family members can file an asbestos lawsuit. Rest assured
our asbestos attorneys are prepared to help you understand the process
for filing an asbestos lawsuit and guide you through the legal system.
If you'd like to talk to an Arkansas mesothelioma lawyer about a
potential case, contact one of the nationwide asbestos attorneys .
An Introduction to Asbestos and Mesothelioma
Asbestos is a deadly mineral that has been used in thousands of
products. When microscopic asbestos fibers are inhaled or ingested, they
can cause a number of diseases, including mesothelioma and lung cancer.
Of the diseases caused by asbestos, mesothelioma is the most
aggressive, attacking the internal lining of the lungs and abdomen.
Mesothelioma typically does not develop until decades after the asbestos
exposure occurred.
The following is a partial list of Arkansas job sites and buildings
that may have contained asbestos. This list does not necessarily
reflect current conditions. If you are experiencing symptoms related to
asbestos exposure, please consult with a physician.
Ashdown
Nekoosa Edwards Paper Mill
Coosa River Newsprint, aka Kimberly Clark Paper Mill
Crossett
Crossett Paper Mill
Georgia-Pacific Chemical Plant
Georgia Pacific Paper Mill
Georgia Pacific Plywood Mill
Little Rock
Olin Mathieson Chemical Plant
Arkansas Electrical Co-Op
Houston Electric Company
Arkansas Power & Light (AP&L)
Pine Bluff
Derrick Paper Mill
International Paper Co.
Pine Bluff Arsenal
International Paper Mill
Dravo Steel
Texarkana
Cooper Tire & Rubber Company
Cooper Tire Manufacturing Plant
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