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Asbestos Claims Based on Automotive Work

Asbestos Claims Based on Automotive Work. Edward M. Slaughter Hawkins Parnell Thackston & Young LLP Atlanta • Austin • Charleston • Dallas Los Angeles • St. Louis • San Francisco. Epidemiological Studies Involving Auto Mechanics. Funding for Epidemiological Studies Involving Auto Mechanics.

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Asbestos Claims Based on Automotive Work

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  1. Asbestos ClaimsBased on Automotive Work Edward M. Slaughter Hawkins Parnell Thackston & YoungLLP Atlanta • Austin • Charleston • Dallas Los Angeles • St. Louis • San Francisco

  2. Epidemiological Studies Involving Auto Mechanics

  3. Funding for Epidemiological Studies Involving Auto Mechanics

  4. Sam Hammar: “the epidemiology does not support evidence that chrysotile causes mesothelioma in brake mechanics.” - Dr. Sam Hammar, Farag Depo, 11/02/10, 18:18-20

  5. Sam Hammar: “In terms of science the question of whether automotive mechanics and especially dedicated brake mechanics with protracted exposures to dust derived from grinding, shaping of new brake block linings have an increased risk of malignant mesothelioma remains unresolved and contentious” - Dail, David H. and Samuel P. Hammar. Pulmonary Pathology. 2nd ed. New York: Springer-Verlag, 1994

  6. Changing Regulations Regarding Asbestos 30 25 30 f/cc ACGIH 12 f/cc Walsh Healy 20 f/cc 15 2 f/cc OSHA 0.2 f/cc OSHA 0.1 f/cc OSHA 10 5 f/cc OSHA 5 0

  7. Exposure Studies – Automobiles/Light Trucks

  8. Exposure Studies – Automobiles/Light Trucks

  9. Automobile Brake Mechanic 8-Hour TWA Exposure Studies Prior OSHA Level 5.0 2.0 2 Mean or Single Value Range (no mean or single value reported) ASBESTOS CONCENTRATION (f/cc) 1 0.2 0.1 0 0.68(1) 1970 0.1(3) 1984 0.03(4) 1987 <0.002(5) 1988 0.012(6) 1990 0.034(7) 1996 0.02-0.18(2) 1979 (1) Hikish & Knight (1970); (2) Johnson (1979) NIOSH; (3) Nicholson (1984) NIOS 1979 Data; (4) Kauppinen (1987); (5) Moore (1988); (6) Federa Reg (1990) 1986-89 OSHA Data; (6) Yeung (1996)

  10. U.S. Government Warning - 1972 CAUTION Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm 29 CFR 1910, §1910.93a(g)(2)(ii) (June 7, 1972)

  11. Actual Brake Product Warning - 1973 Caution Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos Dust May Cause Serious Bodily Harm

  12. U.S. Government Jobsite Warning Signs - 1972 Asbestos dust may cause asbestosis, a severe lung disease, and is implicated in the development of certain cancers. Control of exposure to asbestos dust helps protect against these hazards. 29 CFR 1910, §1910.93a(e)(2) (January 12, 1972)

  13. OSHA – Government Position: Asbestos Is A Carcinogen

  14. EPA “Gold Book” Guidance for Preventing Asbestos Disease Among Auto Mechanics (1986)

  15. Asbestos – A Carcinogen Asbestos is 1 of over 130 occupational carcinogens listed by the U.S. Government Source: www.cdc.gov

  16. Peanut Butter – No Safe Level? Q. And peanut butter has aflatoxin in it, right? A. It's not supposed to, but they allow a certain amount of aflatoxin in peanut butter, yes, sir. Q. Do you eat peanut butter? A. Occasionally. Q. Here's some peanut butter. Would you hold that up, please? That's peanut butter, right? A. Yes. Q. And based on your view, that there's no safe level of exposure to a known carcinogen, someone who eats peanut butter will put themselves at an increased risk of liver cancer? A. Yes. Dr. Arthur Frank, Schwarber Depo, 09/10/07, 106:1-17

  17. Dose Calculation 101 Exposure Duration (work-years) Asbestos Concentration (fibers/cc) Cumulative Asbestos Exposure Dose (fiber/cc years) X

  18. Cumulative Estimate of Brake Work in Work-Years • Plaintiff worked for 1 year doing brake work 25% of the time • Exposure duration = .25 (.25 x 1) • Plaintiff worked for 15 years doing brake work 25% of the time • Exposure duration = 3.75 (.25 x 15) • Plaintiff worked for 40 years doing brake work 50% of the time • Exposure duration = 20 (.5 x 20)

  19. Average Time Weighted Average for Mechanics = .04 f/cc Estimated and measured 8-hour TWAs for mechanics servicing automobiles and light trucks range from: <0.002 to 0.68 f/cc Mean of 0.04 f/cc Paustenbach et al. “An Evaluation of the Historical Exposures of Mechanics to Asbestos in Brake Dust.” Applied Occupational and Environmental Hygiene, 18: 786–804 (2003)

  20. Example #1: Applying a 0.04 TWA Plaintiff worked for 1 year doing brake work 25% of the time Exposure duration = .25 (.25 x 1 year) .25 x .04 = .01 f/cc years Plaintiff worked for 15 years doing brake work 25% of the time Exposure duration = 3.75 (.25 x 15) 3.75 x .04 = .15 f/cc years Plaintiff worked for 40 years doing brake work 50% of the time Exposure duration = 20 (.5 x 40) 20 x .04 = .80 f/cc years

  21. Example #2: TWA = 5.0 f/cc Plaintiff worked for 1 year doing brake work 25% of the time Exposure duration = .25 (.25 x 1 year) . .25 x 5.0 = 1.25 f/cc years Plaintiff worked for 15 years doing brake work 25% of the time Exposure duration = 3.75 (.25 x 15) 3.75 x 5.0 = 18.75 f/cc years Plaintiff worked for 40 years doing brake work 50% of the time Exposure duration = 20 (.5 x 40) 20 x 5.0 = 100 f/cc years

  22. Example #3: TWA = 0.68 f/cc Hickish & Knight (1968) Plaintiff worked for 1 year doing brake work 25% of the time Exposure duration = .25 (.25 x 1 year) . .25 x 0.68 = 0.17 f/cc years Plaintiff worked for 15 years doing brake work 25% of the time Exposure duration = 3.75 (.25 x 15) 3.75 x 0.68 = 2.55 f/cc years Plaintiff worked for 40 years doing brake work 50% of the time Exposure duration = 20 (.5 x 40) 20 x 0.68 = 13.6 f/cc years

  23. Worst Case Scenario Career auto mechanic does brake jobs for 4 hours each day for over 40 years 40 x .5 x .04 = 0.80 f/cc years 40 x .5 x 5 = 100 f/cc years

  24. Ambient Lifetime Exposure Range .00002 .0001 .0005 .00075 .001 .0001 .001 .0001 .001 .00002 .00075 0 .0005 DEFENSE NED HOLSTEIN SUSAN RATERMAN RICHARD HATFIELD

  25. Comparing Ambient to Working Hours Ambient (Background): 24 hours/day X 365 days/year X 40 years Total = 350,400 hours Working Life: 40 hours/week X 50 weeks/year X 40 years Total = 80,000 hours = 4.38

  26. Calculating Ambient Lifetime Dose Age X Ambient Range X 4.38 Cumulative Lifetime Dose 60 X [.0001 - .001] X 4.38 Range 0.026 – 0.262

  27. Example of Friction Exposure

  28. Auto Mechanic With Mesothelioma What’s the true source of exposure?

  29. Toxicity of Asbestos • Hodgson and Darnton (2000) • The toxicity level of the different types of asbestos is as follows: • Crocidolite : Amosite : Chrysotile = 500 : 100 : 1

  30. Sources for Searching for Alternative Exposure • Social Security Records • EPA Superfund Website • ASTDR Website • Bankruptcy Trust Websites • WR Grace Website • OSHA Website • Environmental Working Group Website • USGS Asbestos Survey Maps • FOIA Requests • Local Newspaper Searches

  31. Example: Work At Asbestos Mill • Auto mechanic alleging brake products caused his mesothelioma • Through investigation, discovered plaintiff worked at Amercoat Plant, an asbestos mill in Oklahoma • At site inspection, discovered raw crocidolite still located plant where plaintiff worked • Cause of mesothelioma Crocidolite

  32. Newspaper Article: The Daily Ardmoreite “The firm has grown to the extent that Amercoat is now synonymous with corrosion control…” “Growth plans have expanded the plant’s operations into four other areas- filament wound fiberglass reinforced plastic pipe, custom fabricated fiberglass reinforced plastic products, asbestos mats, and inorganic coatings”

  33. Example of Hammer Mill Exposure

  34. What’s the Difference in Risk?

  35. Case Example: Grew Up In West Bank, Louisiana • Auto mechanic alleging brake products caused his mesothelioma • Grew up in West Bank - identified address through deposition or discovery • Admitted to playing with scraps from Johns-Manville plant at deposition • Compared home addresses to EPA Remediation Documents • Cause of mesothelioma Crocidolite

  36. Marrero, Louisiana 0.5 miles 1 mile 1.5 miles JM Plant Plaintiff’s Residences

  37. EPA Asbestos Removal Area – Marrero, LA Plaintiff’s Residences School

  38. Case Example: Egypt • Auto mechanic alleging brake products caused his mesothelioma • Plaintiff grew up in Cairo, Egypt where several asbestos cement factories are located, including ones that used crocidolite • Investigate plaintiff’s prior addresses and compare to map of crocidolite factories – have plaintiff verify map at deposition • Cause of mesothelioma Crocidolite

  39. Cairo, Egypt Plaintiff Attended elementary school and lived in North Cairo Went to University in Helwan Asbestos Factories

  40. Mesothelioma Epidemic in Egypt • Plaintiff lived within a mile and a half of the Siegwart facility, an asbestos cement factory • Epidemiological studies have shown that the closer people lived to the factory, the higher the risk of mesothelioma • There were also 14 other asbestos factories within the vicinity of Plaintiff’s home and school in Cairo

  41. Mesothelioma Epidemic in Egypt • Several articles have been written about the mesothelioma epidemic in Egypt • This epidemic is due, in large part, to neighborhood exposures

  42. Conclusion Work with asbestos-containing brakes does not cause mesothelioma Epidemiology Industrial Hygiene Alternative Exposure

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