ASBESTOS EXPOSURE CAUSES MESOTHELIOMA

According to www.ewg.org:

Yep, soooooo many embarrassing documents…  And nothing, I mean nothing, proves the culpability of the asbestos manufacturers in the death and injury of asbestos workers quite like internal documents from the companies themselves…

 

The current push by defendant industries to establish a national asbestos victims trust fund is driven in large part by the fact that courts consistently find asbestos companies guilty, not just of exposing their workers to a substance — asbestos — that could kill or severely injure them, but of doing this with full knowledge of the fatal consequences of their actions, and of actively concealing this truth from these same workers.

The 1966 comments of the Director of Purchasing for Bendix Corporation, now a part of Honeywell, capture the complete disregard of an industry for its workforce that is expressed over and over again in company documents spanning the past 60 years.

“…if you have enjoyed a good life while working with asbestos products, why not die from it.”

— 1966 Bendix Corporation letter
 

By the 1930s, asbestos manufacturers and their insurance companies knew that asbestos was killing workers at alarming rates. In 1934, Aetna insurance company published the Attorney’s Textbook of Medicine, which devoted a full chapter to asbestos exposure, noting that asbestosis was “incurable and usually results in total permanent disability followed by death.” (Bowker, pg. 18)

In October 1935, the Eastern Underwriter reported on the “alarming increase of asbestos cases” in the United States (Bowker, pg. 18). Beginning in 1931 and throughout the 1930s, the asbestos industry commissioned research to determine the toxicity of various fibrous silicates such as talc and tremolite when inhaled (Michelbacher 1942, pg. 490).

So severe were the hazards of asbestos that by the eve of World War II, asbestos manufacturing was in decline. The war, however, reversed the fortunes of the asbestos industry and launched an era of massive use of asbestos in ships that led to an explosion of asbestos products for the next three decades.

The resulting atrocity has been described and documented in detail by Paul Brodeur, in Outrageous Misconduct; Barry Castleman, in Asbestos: Medical and Legal Aspects; and more recently by Michael Bowker, in Fatal Deception, and Andrew Schneider, in An Air That Kills, with a particular focus on the W.R. Grace asbestos mine in Libby, Montana.

“The documents noted above, however, show corporate knowledge of the dangers associated with exposure to asbestos dating back to 1934. In addition, the plaintiffs’ bar will probably take the position — not unreasonably — that the documents are evidence of a corporate conspiracy to prevent asbestos workers from learning that their exposure to asbestos could kill them. (One employee of Manville, who co-authored a 30-year-old document which is among the group of documents described above, was told by Manville’s Chief of Litigation to hire his own lawyer after the document came to light because it was the opinion of the Chief of Litigation that the employee could be indicted for manslaughter.)”

— Memo from a trustee of the Manville Trust, 1988  ”…that you will never lose sight of the fact that perhaps the greatest hazard in your plant is with men handling asbestos. Because just as certain as death and taxes is the fact that if you inhale asbestos dust you get asbestosis.”
— 1958 National Gypsum Memo  
“There is an irrefutable association between asbestos and cancer. This association has been established for cancer of the lung and for mesothelioma. There is suggestive evidence… for cancer of the stomach, colon and rectum also. There is substantial evidence that cancer and mesothelioma have developed in environmentally exposed groups, i.e., due to air pollution for groups living near asbestos plants and mines. Evidence has been established for cancer developing among members of the household. Mesotheliomas have developed among wives, laundering the work clothes of asbestos workers. Substantial evidence has been presented that slight and intermittent exposures may be sufficient to produce lung cancer and mesothelioma. There should be no delusion that the problem will disappear or that the consumer or working population will not become aware of the problem and the compensation and legal liability involved.” (Bowker, pg. 171)
In 1968, The Travelers Insurance Company concluded that they faced major financial exposure from deaths due to non-occupational asbestos exposure near asbestos manufacturing facilities. In particular, the company concluded that it had “no chance of winning” a case brought by a resident living near the Johns Manville plant in New Jersey, who died of mesothelioma in June 1967. This certainty of defeat was no doubt solidified when a Manville attorney informed the Travelers that:

“Confidentially Johns-Manville has been contaminating the ‘Hell’ out of both the air and the water for quite some time.”

1969 The Travelers Insurance Co. memo A 1974 memo from Exxon declares:

“Not only are we violating the existing regulations concerning clothing by not providing such clothing and laundering it, but we are also failing to protect our employees and the families of our employees from asbestos exposure.”

— 1974 Exxon memo   On June 18, 1975, The Travelers Insurance Company’s Catastrophe Products Committee laid out “facts” well known to the asbestos industry and its insurers at the time:

“1) Asbestos causes cancer. Once asbestos fibers are ingested by a person, in no matter how small a quantity, they remain in the body and can be the cause of cancer 10 or 20 years later. There is no known way of removing the fibers from the body.

2) Asbestos is used in a wide variety of products: insulation, roofing, chemicals, wallboard, piping, etc.” — 1975 The Travelers Insurance Co. memo  

Asbestos diseases are latent, taking decades to appear after initial exposure. This latency period allowed companies to use workers for decades, knowing they were being injured or perhaps even killed by their work, yet also knowing that the men and women on the job would have no early warning that they might die from the asbestos they were exposed to.

As put in a memo from Johns-Manville’s medical director to corporate headquarters:

“The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But, as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the company can benefit by his many years of experience.” (Brodeur, pg. 102)  

“The point I am trying to get across is that our present policy is to tell no one anything, no visitors, or discussion of our operations, period.”

— 1972 W.R. Grace internal memo

Leave a Reply