Asbestos from Talc Causes Cancer to Third Family Member from Natural Bridge New York
As mesothelioma, a rare asbestos cancer, claims third family member from Natural Bridge, a New York hamlet with only 392 residents, a lawsuit was filed today by LPK's mesothelioma lawyers on behalf of the estate of the third victim who had developed the cancer as a result of exposure to asbestos-contaminated talc from Carbola Talc Mine. The man’s sister and mother also died from mesothelioma cancer.
SYRACUSE, New York, April 30, 2007 - Mesothelioma lawyers from Levy Phillips & Konigsberg, LLP, filed an asbestos lawsuit1 today on behalf of the third family member from a Jefferson County, New York, hamlet to die from mesothelioma. "It's a statistical improbability for the rare asbestos cancer to occur in a town of less than 400 persons," said attorney Robert I. Komitor, a partner at Levy Phillips & Konigsberg, LLP.
Donald Lozo, who died in August, 2005, at the age of 67, was exposed to asbestos contained in talc, as was his late sister, Catherine, and late mother, Mary, who also died of mesothelioma. Donald Lozo worked for more than a decade at the Carbola Talc Mine in Natural Bridge, NY, according to the complaint filed by his mesothelioma lawyers.
The Lozo family's mesothelioma tragedy began in the 1930s when Alfred Lozo, husband of Mary and father of Donald and Catherine, began working at the Carbola Talc Mine. For decades Albert Lozo would return from work at the mine with talc dust left on his clothing and in the family car. Mary, Donald, and Catherine were constantly exposed to this asbestos-laden talc dust, which had also made its way into the Lozo residence when it was released from the talc operation into the air, according to LPK’s Patrick J. Timmins, Esq., one of the mesothelioma lawyers working on the Lozo's case.
"Talc mine workers had no reason to think that the mineral was dangerous. Catherine Lozo Gerber, who filed her own lawsuit2 after she developed mesothelioma, testified before her death in a deposition that her father sometimes took her to work - not knowing that he was exposing his daughter to cancer-causing dust," Timmins said. Levy Phillips & Konigsberg, LLP, also represents Catherine Lozo Gerber's estate in a separate mesothelioma lawsuit filed in Syracuse, NY, in 2005.
Donald Lozo, whose estate filed its case today, also was exposed to asbestos-contaminated talc when he worked at the mill at Carbola Mine in the 1950s and early 1960s. He also was exposed to asbestos used in industrial products while working as a member of Ironworkers Local 60 union beginning in the mid 1960s. The Carbola Chemical Company is one of the entities believed to be responsible for mining and milling operations during the years during which Alfred and Donald Lozo worked at the Natural Bridge facility, Timmins added.
Lisa Gerber, Catherine Lozo Gerber's daughter, acts as the executrix for Donald Lozo's and Catherine Lozo Gerber's estates in the lawsuit.
Mesothelioma is an extremely rare disease without hereditary basis, occurring in approximately only 1 out of 100,000 persons, and even less frequently in women. Natural Bridge had a population of approximately 392 persons according to the 2000 Census, and thus normally zero mesothelioma deaths would be expected in such locality. Yet, in the Lozo family, there now have been three deaths from this asbestos cancer. In fact, a number of studies have independently confirmed that at least 15 talc workers have died of mesothelioma in New York State, according to Lozo's mesothelioma lawyers.
For years, scientists have noted the high rates of mesothelioma cancer in New York State talc mining counties. One 2002 study published by the British Occupational Hygiene Society found Jefferson County, in which Natural Bridge is located, with the second highest mesothelioma death rate for females in the US and the sixth highest for males, according to attorney Komitor.
Independent scientists and the National Institute of Occupational Safety and Health ("NIOSH") analyzed New York State talc in the 1970s and concluded that it was contaminated with asbestos. More recently, the New York State Department of Health again confirmed the presence of asbestos in the talc ore, Komitor said.
"This is a tragedy for the Lozo and Gerber families and for the Natural Bridge community. We know there are others who've lost loved ones because of asbestos from talc and from other sources and we are doing everything we can to obtain justice for Don, Catherine and their families," said Patrick Timmins.
Under the court rules, after the defendants are served, the Hon. James W. McCarthy will establish a schedule for the mesothelioma lawsuit, to include dates for exchanging evidence, motions, and trial, Timmins explained.
For over a quarter of a century, mesothelioma lawyers at Levy Phillips & Konigsberg, LLP, have been among the pioneers of asbestos litigation in America. The firm’s attorneys have been recognized as nationwide leaders in representing the rights of mesothelioma victims and their families. Their clients have received some of the largest mesothelioma compensation verdicts in the country.
For more information about this or other mesothelioma lawsuits, please contact Levy Phillips & Konigsberg, LLP, at 212-605-6200 or 1-800-MESO-LAW (1-800-637-6529), 24 hours a day, 7 days a week.
Mesothelioma has no known cure and often causes severe pain, suffering, and other types of damage, such as loss of consortium, and loss of income. Additionally, due to the exceedingly high cost of mesothelioma treatments, many families exhaust savings and accumulate financial debt in order to pay for the medical expenses of their family member.
Under the law of most states, pain and suffering from mesothelioma may be compensated through the award of money damages, usually obtained with the help of experienced mesothelioma attorneys. In some states other types of damages may also be recovered.
Asbestos litigation affords mesothelioma victims the opportunity to receive financial compensation and hold accountable the companies that caused their asbestos exposure.
If you or your family member has been diagnosed with mesothelioma, you should get in touch with a mesothelioma lawyer as early as possible to determine if you have a mesothelioma case and to:
- Preserve your rights to bring a legal action against the responsible parties within the limited time frame allowed by law, known as statute of limitations;
- Obtain maximum compensation in your case by being able to:
- Preserve evidence and establish facts of the asbestos exposure while the claimant is still alive and able to provide information;
- File and resolve a lawsuit against the responsible parties before they file for bankruptcy or, if they already have, to obtain compensation before their bankruptcy trust funds run out of money;
- Expedite your case, as courts tend to give higher priority to mesothelioma lawsuits where the claimant is still alive.
Find out whether you have a case by speaking to one of our experienced mesothelioma lawyers via our 24/7 toll-free hotline at 1-800-MESO-LAW (1-800-637-6529) or by submitting an email inquiry (see form above). Our attorneys will be quick to respond to you and happy to answer all of your questions.
While our offices are located in the states of New York, New Jersey, and Georgia, many of our mesothelioma lawyers are licensed to practice law in a number of U.S. states and have the capability and extensive experience of representing mesothelioma clients throughout the United States.
1 The Estate of Donald Lozo, Lisa Gerber as Executrix v. 84 Lumber Company, et al., No. 2007/2515 (N.Y. Sup. Ct., Onondaga County);
2 Catherine Gerber v. 84 Lumber Company, et al., No. 2005/5395 (N.Y. Sup. Ct., Onondaga County).
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