Archive for 'Toxic Torts'

Carbon Monoxide Poisoning Leading Cause of Unintentional Deaths in US says CDC

Centers for Disease Control and Prevention (CDC) research has revealed that carbon monoxide (CO) poisoning was the leading cause of unintentional deaths in the United States between 2000 and 2009. 
  • Non fire related CO poisoning accounts for approximately 15,000 emergency room visits and 500 deaths annually. 
  • 68,316 CO exposures were reported reported to poisoning centers between 2000 and 2009
What is Carbon Monoxide?
According to OSHA, “Carbon monoxide (CO) is a poisonous, colorless, odorless, and tasteless gas. Although it has no detectable odor, CO is often mixed with other gases that do have an odor. So, you can
inhale carbon monoxide right along with gases that you can smell and not even know that CO is present. CO is a common industrial hazard resulting from the incomplete burning of natural gas and any other material containing carbon such as gasoline, kerosene, oil, propane, coal, or wood. Forges, blast furnaces and coke ovens produce CO, but one of the most common sources of exposure in the workplace is the internal combustion engine.”
Why is Carbon Monoxide Harmful?
Carbon monoxide reduces the amount of oxygen delivered to the body’s vital organs such as the heart or the brain. When exposed to large enough amounts of CO it can cause you to suffocate or lose consciousness within minutes. 
What are the Symptoms of CO poisoning?
The most common symptoms of carbon monoxide poisoning include:
  • headache
  • dizziness
  • weakness
  • nausea
  • vomiting
  • chest pain
  • confusion
  • loss of consciousness
  • suffocation
  • death
Carbon Monoxide Poisoning Lawsuits
Carbon Monoxide is produced as a result of the incomplete burning of elements containing carbon.  It forms when there is not enough oxygen to produce carbon dioxide (CO2). 
Injuries and death usually occur when equipment is not properly installed, maintained, or there is inadequate ventilation.
According to an OSHA CO fact sheet, places you may be exposed to harmful levels of CO include:
 
 

  • boiler rooms
  • breweries
  • warehouses
  • petroleum refineries
  • pulp and paper productions

 

  

  • steel production
  • docks
  • blast furnaces
  • coke ovens 

 

Occupations that may cause someone to be exposed to high level of Carbon monoxide include:
 
 

  • Welder
  • Garage Mechanic
  • Firefighter
  • Carbon-black maker
  • Organic chemical synthesizer
  • Metal oxide reducer
  • Longshore worker

 

 
 

  • Diesel engine operator
  • Forklift operator
  • Marine terminal worker
  • Toll booth or tunnel attendant
  • customs inspector
  • Police officer
  • Taxi driver

 

If you or a loved one have been seriously injured by carbon monoxide poisoning due to someone else’s negligence, contact our Attorneys for a free consultation
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Norfolk marina fire damages and destroys multiple boats

Early this morning, an unfortunate blaze sank three boats and damaged multiple others reported The Virginia Pilot, via hamptonroads.com.

The fire occurred at Vinings Landing Marina, which is on the popular road – Shore Drive.  The season is beginning to turn into “tourist time,” and so incidents like these are heavily reported upon during the Summer and Spring months.  Shore drive contains numerous restaurants and other heavily visited attractions.

The fire was reported around 1 a.m., according to Norfolk Fire-Rescue spokesman, Battalion Chief Harry Worley.  According to Mr. Worley, not only were boats damaged; the dock surrounding the boats sustained damage as well.

Fortunately, the fire was contained by Norfolk firefighters with the assistance of Virginia Beach authorities and the Coast Guard.  According to the Pilot, by 2:50 am the fire was put out in its entirety.

Mr. Worley has indicated that the boats will be examined once extracted from the water.  As noted, three boats sank, and thus, it may take some time before any investigation returns results or updates to this story.  It is believed that the fire started on one of the boats that is now at the bottom of the marina.  As a result, the source of the fire – the primary element of the investigation/examination – will require some time and diligence.

Regarding potential environmental issues – the Coast Guard and firefighters at the scene reportedly were able to control the dissemination of pollutants, such as fuel leakage in the water, by implementing “special absorbent pads.”

If any noteworthy or newsworthy developments ensue, check back with our blog frequently and you will be provided with the most current updates.

Below, is a map courtesy of Google Maps, which shows the exact location of the fire.

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How Toxic is Virginia’s Air?

We’ve all heard about global warming, carbon emissions, and increasing pollution on the news. It seems you can’t read a newspaper or turn on the TV these days without being bombarded about these important global issues. Most of the time reports seem focused on the world-wide effects of pollution and carbon emissions, and what this means for the planet as a whole. But do you ever wonder about the air in your own back yard?

Virginians, Take Note

The American Lung Association published their “State of the Air: 2007” report earlier this year, which ranks the Washington-Baltimore-Northern Virginia, DC-MD-VA-WV area as 11th metro area most polluted by short-term particle pollution, 20th for year-round particle pollution, and 11th for ozone pollution. In addition, a recent Forbes study ranking America’s Greenest States ranked Virginia 23rd out of the 50 states. That means 22 states score better for “green” behavior and environmental quality than Virginia.

The State of the Air in Your County

If you’re interested in how the air in your county stacks up, you can visit the American Lung Association’s State of the Air website. Here you can enter your zip code in order to see a report card for your counties air. For example, in our Norfolk, VA zip code 23510, the American Lung Association gave a “B” grade to the particle pollution levels in our air. That’s not bad, especially when compared to some of Virginia’s other counties. The worst air can be found in Northern Virginia – Arlington and Fairfax counties are graded as the worst for both particle pollution and ozone (smog) pollution.

What’s Causing All This Air Pollution?

If you guessed cars and trucks on our roads, you’re partially right. But what you may not think of right away are all the industrial factories and coal burning plants on the east coast that contribute to the worsening of our air.

According to the EPA, emissions from industrial facilities and electric utilities, motor vehicle exhaust, gasoline vapors, and chemical solvents are major sources of ozone pollution. Coal burning plants, which provide about half of America’s electricity needs, are estimated to produce 40% of US carbon dioxide emissions. Carbon monoxide is primarily from motor vehicles, with boats, construction equipment, and industrial processes.

Sulfur dioxide is mainly released into the air by electric utilities (particularly coal burning plants) and is also released by petroleum refineries, cement manufacturing, metal processing facilities, locomotives, and large ships. As for lead emissions, there are a variety of sources. Before lead was phased out in gasoline, 78% of lead emissions were estimated to come from motor vehicle emissions. However these days lead is emitted predominately by metal processing plants, followed by waste disposal, fuel combustion, and other manufacturers.

Why Should I Care About Air Pollution?

While ozone is naturally occurring high up in our atmosphere, closer to earth – in the air we breathe – it is considered a harmful pollutant. It’s an irritating, invisible gas that becomes more common during hot summer months and is especially dangerous to children, teens, senior citizens, and people with lung conditions like asthma. In addition to damaging vegetation and ecosystems, breathing ozone can cause or exacerbate all of the following health problems: chest pain, coughing, throat irritation, congestion, bronchitis, emphysema, asthma, reduced lung function, scar lung tissue, inflame lung lining, and breathing problems.

Particle pollution is probably one of the most dangerous, widespread, and deadly of air pollutants in our outdoor air. According to the EPA, particle pollution is composed of a variety of matter, including acids (like nitrates and sulfates), organic chemicals, metals, and soil or dust particles. Particle pollution – especially very fine particles, like those found in smoke and haze – can cause a variety of serious conditions. And just like ozone, it’s more dangerous to children, teens, senior citizens, and people with lung conditions. According to the American Lung Association, breathing particle pollution year-round can shorten your lifespan by one to three years! Now, consider some of the proven health effects from particle pollution: increase in existing respiratory symptoms, airway irritation, coughing, difficulty breathing, decreased lung function, asthma, chronic bronchitis, irregular heartbeat, heart attacks, strokes, and premature death.

Carbon monoxide is considered very dangerous, as it is poisonous to even healthy people and can seriously affect those with heart or cardiovascular disease. Breathing polluted air can cause chest pain and exacerbate existing heart and lung conditions, as well as cause problems with vision, the ability to work or learn, manual dexterity, and the ability to perform complex tasks. Carbon monoxide also contributes to the formation of ground level ozone.

Sulfur dioxide can cause respiratory problems, reduced visibility in our air, acid rain, damage to plants and animals, and damage to building materials and paints when it falls as acid rain. One of the problems with sulfur dioxide is that it can travel great distances, so problems from pollution aren’t confined to where the pollution takes place. And yet again, our most vulnerable citizens are most at risk from sulfur dioxide – children, teens, and senior citizens.

Lead is well-known to be dangerous to humans, especially with all the stories in the news lately about contaminated toys. Infants and young children are particularly at risk for lead poisoning, especially those in urban areas and those that live near trash incinerators, high traffic areas, lead smelters, battery plants, or industrial facilities. People are affected by lead when it is inhaled or ingested from our water, soil, or dust in the air. Lead can accumulate in the blood, bones, muscles, and fat, and can cause a variety of problems – many of which can’t be reversed. Organ damage, brain and nervous system damage, blood pressure and heart disease, and anemia are all possible side effects from lead. We have additional information about lead poisoning available in our firm’s library.

Can Lawsuits Really Help?

Quite simply, yes! Earlier this year American Electric Power (AEP) settled with the Justice Department for $4.6 billion dollars, which will be used to upgrade power plants in Ohio, West Virginia, Virginia, Indiana and Kentucky (AEP is known as Appalachian Power in Virginia and West Virginia). The settlement is a result of a lawsuit brought on behalf of the EPA, a number of environmental groups, and the states of New York, New Jersey, Maryland, Connecticut, Vermont, New Hampshire, Rhode Island and Massachusetts.

Our own Richard Serpe secured compensation for many Virginia families whose lives were damaged by companies more interested in profit margins than the health and safety of our state’s residents. In fact, Mr. Serpe has secured over $50, 000,000 (fifty million dollars) for clients since starting his career, including helping over 90 Virginia families whose health was damaged by the Abex Corporation.

If your health or the health of somebody you love has been negatively affected by exposure to pollutants, chemicals, other industrial materials or lead, please contact the Serpe Firm immediately. The Serpe firm is a Virginia based practice serving Norfolk, Tidewater, Virginia Beach, and Richmond areas. Mr. Serpe cares about the health of Virginia’s residents, and can help you recover from the devastating effects of toxic poisoning and get you the compensation you deserve.

Law Offices of Richard J. Serpe, P.C.
580 East Main Street, Suite 310
Norfolk, VA 23510
Phone: 757-233-0009
Fax: 757-233-0455

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Toxic Torts

It would be impossible to deny the advantages that industrialization has provided to our society. Plastics and chemicals have integrated themselves so thoroughly into our lives that it seems inconceivable to live without them.

Corporations like DuPont, Dow and 3M have profited immensely off of the invention and every day use of their products, and hundreds of other corporations and industrial concerns have followed suit.

Most of these profits are deserved. The computer you are using right now wouldn’t exist if it weren’t for the plastics and wiring that were developed by these corporations. The chair that you are sitting on probably has fabric that was created through a chemical process or is made of plastic molding. The shoes that you are wearing probably have soles that were made through chemical means or waterproofed with a chemical treatment. The car that you drive probably wouldn’t exist if it weren’t for the use of plastics.

While all of these inventions have drastically improved the quality of our everyday lives, American industrial concerns don’t have a completely spotless record. In many cases, new products have been rushed to the market before a full understanding of their possible dangers has been realized.

For years, a material called asbestos was used in a variety of products, from brake pads to insulation to decorative materials. It was even used in a cigarette filter for four years. Asbestos was later linked to a cancer called mesothelioma, which occurred due to particles of asbestos building up in the lungs over time.

For the better part of the twentieth century, cigarettes were manufactured and distributed wholesale all over the country. Cigarettes were considered such an important part of our daily life that Lucky Strikes were part of the daily rations given to soldiers, and care packages sent by the Red Cross to POW camps contained more cigarettes than food. It was later determined that cigarettes were not only terrible for your health, but also contained nicotine, which is an incredibly addictive chemical.

These two examples of corporate irresponsibility are similar not just because of their high profile impact on the health of Americans, but also in the way that the manufacturers of these products reacted. Rather than offer heartfelt apologies and restitution for the damage that their products caused, the companies immediately went into an aggressive state of denial.

When presented with impartial scientific and medical evidence showing that their products were harmful, they presented their own evidence that was created by scientists and doctors on their payroll.

When the people that suffered from their products filed suit, the corporations procured the services of high-priced defense attorneys fought tooth and nail from start to finish. Those that were victims were made to look like swindlers, or were offered miniscule settlements. This is behavior that continues to this day, as new cases of mesothelioma continue to affect miners, shipbuilders and even office workers due to years of fiber build up, and tobacco suits continue to work their way through the courts.

Toxic Torts

When an individual suffers from an illness or injury due to exposure to a toxic substance, that person is eligible to sue for medical expenses, lost wages, and pain and suffering.

If it can be determined that the party responsible for the toxic substance knew about its dangers yet still carried on with manufacturing and marketing the substance, those that were injured could file for punitive damages.

While nearly every sort of tort case is a difficult undertaking, toxic torts can be especially challenging for the victims. The defendants in these cases are almost always huge industrial concerns with vast financial resources. They employ highly skilled and very expensive defense lawyers, who as a matter of course use delaying tactics, private investigators that dig into the medical histories and expert witnesses that serve no other purpose than to directly refute the claims of the plaintiffs.

Obtaining fair restitution for the victims of corporate polluters requires an attorney with his own resources. What is needed is an attorney that has a thorough knowledge of every aspect of the law, the experience to know how corporate polluters and their attorneys operate, and the dedication and tenacity to follow through on behalf of his clients. It is crucial that he has the ability to handle complex cases with defendants in multiple states and jurisdictions.

In Richmond and the Tidewater region of Virginia, that attorney is Richard Serpe.

Richard Serpe: Justice for All

Richard Serpe has over two decades of experience in securing fair compensation for those that have been injured by corporations that have placed their profit margins over the health and safety of the public. He has obtained over Fifty Million Dollars ($50,000,000) in judgments and settlements for his clients, and has made a national reputation for himself as an advocate for the rights of victims of industrial negligence.

Virginians that have had their lives and health irrevocably altered due to the irresponsibility and recklessness of corporate polluters face a long and difficult road to justice. Richard Serpe is the attorney in Virginia that can ease the journey.

If you or a loved one has been injured due to exposure to toxic chemicals, contact our offices for a free legal consultation today.

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