Asbestos Archive
1984: Poison gas leaks from a Union Carbide pesticide factory in Bhopal, India. It spreads throughout the city, killing thousands of people outright and thousands more subsequently in a disaster often described as the worst industrial accident in history.
Union Carbide chose Bhopal, a city of 900,000 people in the state of Madhya Pradesh, because of its central location and its proximity to a lake and to the country's vast rail system.
The plant opened in 1969 and produced the pesticide carbaryl, which was marketed as Sevin. Ten years later the plant began manufacturing methyl isocyanate , or MIC, a cheaper but more toxic substance used in the making of pesticides.
It was MIC gas that was released when water leaked into one of the storage tanks late on the night of Dec. 2, setting off the disaster . Gas began escaping from Tank 610 around 10:30 p.m. although the main warning siren didn't go off for another two hours.
The first effects were felt almost immediately in the vicinity of the plant. As the gas cloud spread into Bhopal proper, residents were awakened to a blinding, vomiting, lung-searing hell. Panic ensued and hundreds of people died in the chaotic stampede that followed.
An exact death toll has never been established. Union Carbide, not surprisingly, set the toll on the low end at 3,800, while municipal workers claimed to have cleared at least 15,000 bodies in the immediate aftermath of the accident. Thousands have died since and an estimated 50,000 people became invalids or developed chronic respiratory conditions as a result of being poisoned.
Regardless of the numbers, all evidence pointed to Union Carbide and its Indian subsidiary, as well as the Indian government, its partner in the factory, being responsible, mainly through negligence, for what occurred. Despite the extreme volatility and toxicity of the chemicals in use at the factory, safeguards known to be substandard were ignored rather than fixed.
In the subsequent investigations and legal proceedings, it was determined, among other things, that:
Staffing at the plant had been cut to save money. Workers who complained about codified safety violations were reprimanded, and occasionally fired.
No plan existed for coping with a disaster of this magnitude.
Tank alarms that would have alerted personnel to the leak hadn't functioned for at least four years.
Other backup systems were either not functioning or nonexistent.
The plant was equipped with a single back-up system, unlike the four-stage system typically found in American plants.
Tank 610 held 42 tons of MIC, well above the prescribed capacity. (It is believed that 27 tons escaped in the leak.)
Water sprays designed to dilute escaping gas were poorly installed and proved ineffective.
Damage known to exist, such as to piping and valves, had not been repaired or replaced because the cost was considered too high. Warnings from U.S. and Indian experts about other shortcomings at the plant were similarly ignored.
The aftermath of the disaster was almost as chaotic. Union Carbide was initially responsive , rushing aid and money to Bhopal. Nevertheless, faced with a $3 billion lawsuit, the company dug in, eventually agreeing to a $470 million settlement, a mere 15 percent of the original claim. In any case, very little money ever reached the victims of the disaster.
Warren Anderson , Union Carbide's CEO, went before Congress in December 1984, pledging his company's renewed commitment to safety, a promise that rang hollow in India (and probably to Congress as well).
Anderson was subsequently charged with manslaughter by Indian prosecutors but managed to evade an international arrest warrant and disappeared. Investigators from Greenpeace, which has kept up an active interest in the case, found Anderson in 2002, alive and well and living comfortably in the Hamptons. The United States has shown no inclination to hand him over to Indian justice, and most of the serious charges against him have been dropped.
Union Carbide, meanwhile, was acquired by the Dow Corporation in 2001, which refused to assume any additional liability for Bhopal, arguing that the debt had already been paid through various court settlements. It did go on to settle another outstanding claim against Union Carbide, this one for $2.2 billion made by asbestos workers in Texas.
A few outstanding legal claims from Bhopal remain to be settled, both in India and the United States, but most of the court wrangling is over.
The victims of the disaster, those who live on, continue dealing with various health problems - including chronic respiratory problems, vision problems and an increased incidence of cancer and birth defects - and an environment that remains contaminated to this day.
Source: Various
SAN FRANCISCO (MarketWatch) -- Crane Co. , a maker of highly-engineered industrial components, reported late Monday third-quarter net income of $36.1 million, or 60 cents a share. The company lost $196.9 million, or $3.29 a share, in the year-ago quarter, which included a $250 million one-time charge to cover asbestos-related liabilities. Excluding the liabilities provision, the company's third-quarter 2007 earnings were 87 cents a share. Revenue for the three months ended Sept. 30 fell 3% to $642.7 million from $664.1 million. Analysts surveyed by FactSet Research had predicted the company would earn 87 cents a share on $683 million in sales. Shares of the Stamford, Conn.-based company fell 93 cents to close at $15.86 ahead of the report.
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PRIMARY school children could miss weeks of lessons after the ceiling in their 60-year-old classroom collapsed during lessons.
Six Phoenix-area charter schools have been fined by the U.S. Environmental Protection Agency for failing to follow rules designed to prevent children from being exposed to asbestos.
LONDON (MarketWatch) -- Philips Electronics said it's taking a 148 million euro ($216 million) third-quarter charge, or 241 million euros before tax, to resolve asbestos-related claims against its TH Agriculture and Nutrition division. Philips is expected insurance-related recoveries worth between 80 million to 105 million euros. The planned asbestos payment still needs U.S. court approval.
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LONDON (MarketWatch) -- RPM International swung to a fiscal fourth-quarter ending May 31 loss of $87.6 million, or 73 cents a share, while revenue rose 7% to $1.08 billion. On an adjusted basis that excludes a $288 million charge before tax to cover future asbestos liabilities, the specialty coating maker earned 75 cents a share. For the current year, adjusted earnings are seen reaching $1.85 a share. Analysts polled by FactSet Research expected earnings of 70 cents a share for the quarter and $1.90 for the current fiscal year.
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Richard "Dickie" Scruggs, the attorney who built a career by taking on tobacco, asbestos and insurance companies, was sentenced Friday to five years in prison for conspiring to bribe a judge.
LONDON (MarketWatch) -- Colfax Corp. , which makes fluid handling products and systems, said Tuesday that its first-quarter net profit rose 13% to $6.8 million as revenue grew 14% to $130.7 million. Excluding the impact of asbestos liabilities and litigation, adjusted net profit rose 48% to $8.9 million. The group also said it saw strong order growth in the quarter, with global navy orders more than doubling and commercial marine orders up 76%.
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Sylvie Barak , Thursday 22 May 2008. 23:19:00
Not lung for this world
A STUDY has come to the alarming conclusion that, if inhaled in large quantities, carbon nanotubes could wind up being as, if not more, dangerous than asbestos. Whilst many might be thinking, "well, who would go around sniffing Carbon nanotubes?", the fact of the matter is that they can be...
NEW YORK (MarketWatch) -- Foster Wheeler Ltd. Wednesday said its first-quarter net income rose 20% to $138.1 million, or 95 cents a share, from $114.8 million, or 80 cents a share, a year earlier, helped by a $14.2 million asbestos-related gain. Excluding amortization and interest expense, earnings were 85 cents a share. The Hamilton, Bermuda, engineering and construction company said operating revenue increased 56% to $1.8 billion from $1.15 billion a year ago. On average, analysts polled by Thomson Reuters expected earnings of 73 cents a share on revenue of $1.48 billion. Analyst estimates typically exclude items.
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NEWARK, N.J. (March 31, 2008) - The Newark office of Kirkpatrick & Lockhart Preston Gates Ellis LLP (K&L Gates) welcomes Charles F. Rysavy as a partner in the firm's toxic tort practice. Rysavy joins K&L Gates from McCarter & English, LLP, where he was the past chair of the mass and toxic tort practice group. An experienced toxic tort litigator, Rysavy has appeared before numerous state and federal courts in a wide range of complex class action and mass products liability cases involving chemicals, asbestos, radiation, medical devices, and industrial machinery. Rysavy has also filed appeals and amicus briefs with several circuit courts and both the United States and New Jersey Supreme Courts on behalf of industry groups in such cases as BMW of North America v. Gore and In re Three Mile Island Litigation. Rysavy is joined by longtime colleague Roger P. Shaw, who will serve as a technical specialist supporting K&L Gates lawyers on litigation, transactions and client counseling on matters related to radiation injury claims and the commercial nuclear industry. A certified health physicist, Shaw is the former head of radiation protection at the Three Mile Island and Oyster Creek nuclear generating stations.
Tony La Rocco, Administrative Partner of K&L Gates' Newark office, said: "K&L Gates is delighted to welcome Charlie as the newest member of the firm's toxic tort practice. His diverse experience in the products liability and toxic tort fields - including representing clients in the defense of a variety of toxic exposure matters, radiation exposure claims, and claims of chronic injuries by workers involved in the World Trade Center disaster site cleanup - will be of much benefit to the firm and its clients."
K&L Gates' Chairman and Global Managing Partner Peter J. Kalis said: "With the global resurgence of nuclear energy, Charlie will help to ground a leading practice for industry members, and his arrival is yet another reminder of the formidable growth of K&L Gates' Newark office." K&L Gates comprises approximately 1,500 lawyers in 24 offices located in North America, Europe and Asia, and represents capital markets participants, entrepreneurs, growth and middle market companies, leading FORTUNE 100 and FTSE 100 global corporations and public sector entities. For more information, visit www.klgates.com .
K&L Gates comprises multiple affiliated partnerships: a limited liability partnership with the full name Kirkpatrick & Lockhart Preston Gates Ellis LLP qualified in Delaware and maintaining offices throughout the U.S., in Berlin, and in Beijing (Kirkpatrick & Lockhart Preston Gates Ellis LLP Beijing Representative Office); a limited liability partnership (also named Kirkpatrick & Lockhart Preston Gates Ellis LLP) incorporated in England and maintaining our London and Paris offices; a Taiwan general partnership (Kirkpatrick & Lockhart Preston Gates Ellis) which practices from our Taipei office; and a Hong Kong general partnership (Kirkpatrick & Lockhart Preston Gates Ellis, Solicitors) which practices from our Hong Kong office. K&L Gates maintains appropriate registrations in the jurisdictions in which its offices are located. A list of the partners in each entity is available for inspection at any K&L Gates office.














