Mesothelioma Cases at Florida Tile

Mesothelioma Cases at Rockwell International (Podcast)

/in , /by

In this podcast, Paul Kelly from the law firm Satterley & Kelley talks with John Maher about Rockwell International. The ovens in this die casting facility had a lot of asbestos, and it’s very likely that anyone who worked at this company prior to 1980 was exposed to asbestos.

John Maher: Hi, I’m John Maher, and I’m here today with Paul Kelley. Paul is a partner with the Kentucky personal injury law firm, Satterley & Kelley which has over 30 years of collective experience in handling cases involving mesothelioma and asbestos exposure. Today we’re talking about mesothelioma cases at Rockwell International. Welcome, Paul.

Paul Kelley: Good morning, John. How are you doing?

What Is Rockwell International?

John: Good, thanks. Paul. What is Rockwell International and where are they located?

Paul: So Rockwell International is a facility in Russellville, Kentucky, which is kind of towards the southwestern part of our state. It was a die casting facility and it made products, aluminum products such as water meters, gas meters, typewriter covers back when typewriters were a thing, and then a lot of automobile parts. And that facility operated for a long time. I think it opened in 1957, operated as Rockwell until 1989. And then it did go through a variety of name changes after that. A company called BTR, British Tyre and Rubber., and then Precision Dye Casting Inc, I think took it over. I believe the facility has since closed, but it was open for 50, 60 years.

Asbestos and Mesothelioma Cancer Cases at Rockwell International

John: Okay. And how is Rockwell related to asbestos and mesothelioma cancer cases?

Paul: Well, so the main way has to do with the types of ovens they had. So the way it worked is they would create parts from molten aluminum. So they had melting furnaces in the facility that created the molten aluminum, and then they transferred that molten aluminum to what’s called a holding furnace. And the holding furnace would essentially let the aluminum harden a little bit, and then they would inject it into a dye cast machine. That’s a simplistic explanation of the process, but it’s those furnaces where the predominant asbestos exposure occurred.

The holding furnaces in particular were lined with firebrick and refractory material that all contained asbestos. These furnaces operated at hundreds of degrees of heat, if not thousands of degrees of heat. And so the fire brick and the refractory material was necessary in order to maintain the integrity of the furnace, make sure it did what it was supposed to do, and that it didn’t break down too quickly. All of those materials… and I believe that, we have discovered that, that plant at one time had as many as 30 of these holding furnaces.

All of those furnaces from the 50s, at least through the early to mid 1970s, contained asbestos, fire brick and other refractory material. And so there were folks who were exposed during the initial installation process. And then after that, usually about once a year, once every couple of years, all of these furnaces had to be relined, the materials broke down and they had to take out all the fire brick and all the refractory, and then they had to put it all back in. And so with 30 furnaces, we have learned from cases we’ve been involved in at that plant, that they pretty much were tearing one down continuously over the course of a year. So there would’ve been exposure pretty much daily for anybody that worked back in that holding furnace area where that kind of work was being done.

In addition to the holding furnaces, the plant was insulated with steam lines or steam pipes, steam pipes that A, carried steam to heat the facility. And B, carried chemical processes that involved hot processes. And so all those steam lines were insulated with asbestos insulation. And that was done in order to protect people from getting burned on the pipes as well as to protect the integrity of the pipes and keep that heat in, so that whatever was flowing through them stayed the temperature that they needed it to stay at. And so the insulators that installed the insulation, pipe fitters that needed to remove some of it in order to work on a pipe, and certainly maintenance mechanics and people that had to tap into those pipes and that piece of equipment would be exposed.

Which Workers Were Exposed to Asbestos at Rockwell?

John: So would it have typically just been the insulators and mechanics and those types of employees at the company that would’ve been exposed to asbestos in this way?

Paul: Well, unfortunately, no. We recently represented someone who essentially was involved in management at the facility. He was really a planner. His job was to make sure that this part was running on this day and that we were manufacturing enough at the rate that we needed to be. And so he wasn’t someone that operated the furnaces, he wasn’t someone who tore the materials out.

His exposure occurred when just on a daily basis he walked through, he went to go check on the guys that were operating, went to go check with his engineers and other people to make sure that things were happening the way they were supposed to be happening.

But the problem is that while he was doing that, there were other folks that were either tearing out the refractory and firebrick from a furnace or they were putting new in. And as I mentioned earlier, that was something that was an ongoing basis. When you have 30 of those furnaces, they of course wanted as many of them to operate at a time, but they certainly had a situation where 28 or 29 are operating and one is being essentially rebuilt. And then that’s what would happen.

Anyone Who Worked at Rockwell International Prior to 1980 Was Likely Exposed to Asbestos

John: So that guy was probably checking on their progress as well, like, “Hey, how’s things going over here? When is this particular furnace going to be back up and running?” And he’s probably in close proximity to that as well.

Paul: Absolutely. And so unfortunately, anybody that worked in the plant, unless they were completely, entirely insulated from having to go out into the facility, and actually be present on the floor where these furnaces were at, or where any of this insulation was being worked on, I mean, nobody could avoid it. So office workers, engineers, planters, and then certainly the maintenance mechanics, the equipment operators, the furnace operators, the insulators, the pipe fitters, the electricians. I mean, all of those folks are going to be exposed. But unfortunately, I don’t think anybody that worked at the facility, at least prior to 1980, I don’t think anybody could have avoided exposure.

Even Very Minimal Asbestos Exposure Can Cause Mesothelioma

John: Like you said, the likelihood of somebody just never going back into that area where those furnaces are is pretty unlikely. Even if it’s just a front desk, a secretary type of person, they might walk back and say, “Hey, you’ve got a phone call, Joe.” Or something like that, and that they would walk through that part of the facility as well. It would just be almost impossible to never go through that area.

Paul: Yeah, I mean, if they hired you to work in the plant, you were there for a reason and the plant existed to make these products. And I don’t think anybody could have really worked there without suffering an exposure at some point in time. What we know, what science knows about asbestos exposure, particularly as it relates to mesothelioma, is it doesn’t take a lot of exposure to cause that disease.

So the person who worked with the equipment day in and day out, or the person who participated and was responsible for the tear out and the installation of the new. I mean, arguably they may be at a higher risk and suffer a higher exposure, but the people that worked in the plant and may have just had some of those fleeting exposures on an intermittent basis, they have a far greater risk of contracting this disease than people that didn’t work at that plant.

And we’re aware of, I believe, John, three or four people that developed mesothelioma that worked at that plant. If you operate a plant and more than one person gets this disease, mesothelioma, that means there’s a problem there. It is a very rare disease, one in a million people is going to get that disease. And if you’ve got a plant that employs a couple thousand people and 2, 3, 4 people develop the disease, it means there’s a problem in that plant.

What to Do If You Were Exposed to Asbestos at Rockwell International

John: Right. Absolutely. So if you were an employee at Rockwell International and now you have lung cancer or asbestosis or mesothelioma, what should you do?

Paul: There’s two things. One, and the most important, is to get your medical situation under control. Mesothelioma is a devastating diagnosis. It can be complicated, and there are a lot of treatment options. The earlier diagnosis there is, the better chance the physicians have of giving you the wide range of treatment options. Unfortunately, the life expectancy with someone diagnosed with mesothelioma is usually 6 to 18 months from the date of diagnosis. Oftentimes, the only person that can really provide information concerning your exposure is you. And so it’s critical that if you’re diagnosed with this disease and you worked at Rockwell, I can virtually guarantee that that’s where you were exposed and you should talk to a lawyer immediately. And you should try to find somebody that has experience with that particular plant and has experience with the jurisdiction in which the case might be filed.

We certainly have had that experience both with that plant as well as with a case against the suppliers of Rockwell’s facility and it is just critical to act because nothing gets better with time. Memories fade. Your health could unfortunately deteriorate. There could be other witnesses that are available today that won’t be available six months from now for various reasons. And so it’s critical to act quickly with the understanding that you have something much more important to worry about, which is your health. But there is a path to obtain compensation for you and your family in this terrible time of need. And moving quickly is really the best way to get there.

Statute of Limitations on Mesothelioma Claims in Kentucky

John: Another time factor involved in bringing a mesothelioma case is the statute of limitations in Kentucky. Can you explain that a little bit?

Paul: Sure. So in Kentucky, we have a one year statute of limitations. What that means is we have one year from the date that we know or should know we have an injury and know or should know the cause of that injury. Those can be different dates. It can be complicated as to how a particular judge may interpret when you knew or should have known anything. We typically try to go by the date of diagnosis, try to get a case filed within the year from the date that the diagnosis occurred. But again, it’s not a hard fast rule.

Someone who worked at that plant infrequently wouldn’t have any clue that they were exposed to asbestos products. And so they developed mesothelioma and the doctor says, “Where were you exposed?” And nobody told you that you were exposed there, they may throw their arms up in the air and say, “I don’t have any clue.” And so the law gives you the opportunity to investigate, to determine how you were injured. And that becomes a particularly important positive aspect of our law with respect to an occupational disease like this.

I mean, as you can imagine, you get into a car crash, you break your leg, you know when you were injured and you know what the cause of your injury was. It gets a little more complicated with Mesothelioma and other occupational diseases. But again, we don’t want to waste time. And if somebody contacted me today and said, “I worked at Rockwell International or some other plant that we’re familiar with.” And said, “I worked there for 30 years and I ran through the furnace area.” I would be able to have a lawsuit filed for you in the next two or three days if that’s what you wanted to do, because we’re familiar with who was there, what they were doing, what the exposures were.

And we want you to have the best chance you can to participate meaningfully in your case and hopefully to obtain justice while you can still enjoy it. But you do have a year, and sometimes it’s not as simple as what I make it sound about acting quickly because you have a lot of other things that you’re concerned about.

Contact Satterley & Kelley If You or a Loved One Has Mesothelioma Due to Asbestos Exposure

John: Absolutely. All right. Well that’s really great information, Paul. Thanks again for speaking with me today.

Paul: Thanks, Sean.

John: And for more information about mesothelioma and asbestos exposure, visit the law firm of Satterley & Kelley, that’s www.satterleylaw.com or call 855-385-9532.

Medical Bills After a Truck Accident

Medical Bills After a Truck Accident

/in /by

Medical bills can be astronomical depending on the injuries, the needed treatment, and where the treatment’s provided, no matter what kinds of vehicles are involved. Because trucks are heavier and deliver more force into another vehicle or pedestrian, injuries are likely to be more severe and costly to treat.

Common Injuries From Truck Accidents That Result in High Medical Bills

Many potential injuries can result from truck accidents, including:

  • Head injuries, such as concussions or traumatic brain injuries
  • Neck and back injuries, such as whiplash or herniated discs
  • Spinal cord injuries
  • Fractures or dislocations of bones
  • Soft tissue injuries, such as bruises or sprains
  • Internal injuries, such as organ damage or internal bleeding
  • Psychological injuries, such as post-traumatic stress disorder (PTSD) or depression

If you’re in an accident with a commercial truck, seek medical attention immediately, even if you think you’re unhurt. Because of the stress and shock of the situation, you may not feel all of your injuries, such as head injuries and internal injuries, but they can be severe and require prompt treatment. The more treatment’s delayed, the worse the injury may become.

Since commercial trucks are so dangerous, quickly getting medical care is also essential to protect your rights to compensation. The longer you delay, the more likely the insurance carrier will deny your injury is accident-related. They’ll claim you fabricated the injury, or it has another cause, and you’re fraudulently seeking compensation from them.

Medical Treatment Costs From Truck Accident Injuries

The cost of treating injuries from a truck accident can vary widely depending on the type and severity, where you’re treated, and the treatments you receive.

If you’re injured in a truck accident, you could be paying for:

  • Emergency room visit: $1,500 – $3,000
  • Hospitalization: $10,000 – $50,000 or more
  • Surgery: $20,000 – $100,000 or more
  • Rehabilitation: $10,000 – $50,000 or more
  • Long-term care: $50,000 – $200,000 or more

Minor injuries, like bruises and sprains, may have relatively inexpensive costs. But moderate to severe injuries, including head injuries, neck injuries, back injuries, internal injuries, and spinal cord injuries can be much more expensive to treat.

Many of these injuries require hospitalization, surgery, physical therapy, rehabilitation, and long-term care.

Long-Term Costs of Severe Truck Accident Injuries

If you are seriously injured in a truck accident, you may recover well enough to be discharged from the hospital but not well enough to return home. Depending on your injuries, you may need rehabilitation care to recover from your accident, which could last from days to months.

Like medical care, there are many variables to rehabilitation care. Some possible costs for long-term rehabilitation for truck accident injuries include:

  • Inpatient rehabilitation: $10,000 – $50,000 or more per month
  • Outpatient rehabilitation: $150 – $300 per session
  • Home health care: $50 – $200 per hour
  • Assisted living or nursing home care: $5,000 – $10,000 or more per month
  • Durable medical equipment: $1,000 – $5,000 or more

Physical Therapy Costs After a Truck Accident

It’s common for people injured in a truck accident to need physical therapy and occupational therapy. These typically cost:

  • Initial evaluation: $100 – $200
  • Follow-up visits: $75 – $150 per session

Actual costs will vary depending on the therapy you need, how long you need it, and the going rates in your area.

You may receive physical therapy during your hospital stay and/or at a rehabilitation facility. Physical therapy sessions can continue for up to six months or longer even after you’ve been discharged, to help treat your injuries and regain as much function as possible.

Psychological Treatment Costs From a Bad Truck Accident

Bad truck accidents can inflict more than just physical injuries. Many patients need psychological treatment to get over the trauma. Average costs often include:

  • Initial evaluation: $150 – $300
  • Follow-up visits: $100 – $200 per session
  • Medication costs: $50 – $200 per month

Psychologists and psychiatrists can help patients overcome stress and anxiety from the crash’s violence and emotional trauma. This can result in long-term emotional and psychological harm that requires treatment for months or potentially years.

After a truck accident, you must get your life back in order as best you can. The crash may have been a sudden, painful, life-threatening, and life-altering event. Psychological help may be just as needed as treatment for physical injuries.

Why Do Medical Bills From Truck Accidents Cost So Much?

Medical care costs from severe truck accidents can be high for a variety of reasons. The costs vary depending on how serious your injuries are, how much treatment you need, how long you need treatment, and who is treating you.

You also need to factor in the systemic costs that all patients pay (either directly or indirectly), such as:

  • High cost of drugs and medical equipment: Prescription medication can be expensive. So are the machines used for X-rays, MRIs, and other examinations.
  • High administrative costs: Medical practices and hospitals don’t just help patients. They have costs like billing, record-keeping, and insurance processing.
  • Malpractice insurance: All medical professionals (not just doctors and surgeons), hospitals, and medical practices must carry malpractice insurance to protect themselves from negligence claims.
  • Limited competition in the healthcare market: In many parts of the US, especially in rural areas, there are few hospitals or clinics, which can limit competition and allow them to charge higher prices.
  • High demand for medical services: People are living longer and, as they age, need more medical attention, which drives up healthcare costs.
  • High salaries for healthcare providers: Healthcare providers are in high demand by employers, who must meet the increased demand for medical services. This drives up salaries and the cost of improved benefits.
  • Inflation: Just as you pay more for things you need, so do hospitals and healthcare providers, whether that’s electricity, office supplies, or food.

Healthcare inflation will continue because of the rising need for healthcare, the demand for employees, and increasing medication prices.

Who Pays Medical Bills After a Truck Accident?

In most cases, payment comes from health insurance, auto insurance, or the at-fault party’s liability coverage. Some drivers can use PIP coverage, which pays some of the medical bills regardless of who is at fault. In severe cases, a personal injury lawsuit may be needed to recover the full costs.

Here’s a more detailed explanation of who pays and when:

  • Health Insurance: If you have health insurance, your policy will typically cover some or all of the costs of your medical treatment.
  • Vehicle or Liability insurance: If the truck driver or trucking company caused the accident, their insurance would typically cover the cost of your medical treatment.
  • Personal Injury Protection (PIP) coverage in your vehicle coverage: PIP typically covers the cost of your medical treatment, regardless of who was at fault for the accident, up to a limit. The more you can afford to pay for PIP, the higher the limit, the greater benefit you will receive.
  • Workers’ compensation: If you were injured while on the job, your employer’s workers’ compensation insurance would typically cover the cost of your medical treatment
  • Medicare and Medicaid: If either program covers you, they should cover your costs.

Legal Action to Pay Medical Bills From a Truck Accident

If the accident was caused by the negligence of the driver or trucking company and their insurance company doesn’t agree to settle your claim, you may be able to file a personal injury lawsuit to seek reimbursement for your past medical expenses and those expected in the future.

If someone else paid for your medical care, like your health insurance company, they would want to be paid back through the legal action

Enabling you to pay for past and future healthcare is an important reason to file a personal injury claim after a truck accident.

Speak To a Truck Accident Lawyer Today

Whether you or a family member is injured in Kentucky due to a truck accident, our law firm can and will help you handle legal matters with confidence. Put boots on the ground with help from Satterley & Kelley PLLC.

To schedule a free initial consultation at our Louisville office, call 502-589-5600 (toll-free at 855-385-9532) or complete our contact form today.

Please visit our truck accident page to learn how we can help with truck injury lawsuits.

Illegally Parked Commercial Truck Accidents

Illegally Parked Commercial Trucks [Accidents Waiting to Happen]

/in /by

Our economy and lifestyles wouldn’t exist without commercial trucks hauling everything we need and want. The downside of the convenience and efficiency this massive fleet of trucks provides is that they can be dangerous. Some trucks aren’t maintained or repaired correctly, and drivers may make mistakes that cause crashes. One of those errors is parking illegally and creating a situation that causes an accident.

Commercial trucks include everything from tractor-trailers to trucks used by home repair contractors and delivery companies. Illegal parking for all these vehicles poses a potential safety hazard for other drivers, pedestrians, and bicyclists.

Tractor Trailers

The American Trucking Associations (ATA) estimates that 72.5% of cargo carried by all types of domestic freight transportation involved commercial trucks in 2020. Trucks hauled 10.23 billion tons of freight, and motor carriers collected $732.3 billion in revenue that year.

Federal safety regulations require long-haul drivers to limit their driving times:

  • A maximum of 11 hours driving after ten consecutive hours off duty
  • Drivers must take a half-hour break after going for eight cumulative hours without at least a 30-minute interruption
  • They may not drive after 60/70 hours on duty in seven/eight consecutive days

As a result, these trucks must stop and park at some point. Whether they park legally and safely depends on the situation. Surveys cited by the federal Department of Transportation state that:

  • More than three-quarters of truck drivers and nearly two-thirds of logistics personnel reported regularly having problems with finding safe parking locations when drivers needed to stop working
  • Ninety percent stated they struggled to find safe and available parking during night hours

Drivers and trucking companies should map out routes that allow drivers to comply with limits on their driving and park safely. But trips may take longer than expected due to traffic, weather, or difficulty loading or unloading cargo. As a result, truck drivers do the best they can, which may result in a hazardous situation that endangers others.

Accidents Involving Illegally Parked Tractor Trailers

How do these accidents happen? It depends on the situation, but vehicles often rear-end trucks and trailers when parked in dangerous locations.

Two Trucks Collide in California

The family of a man killed in a collision with a tractor-trailer illegally parked on the paved shoulder of the transition lane between two state routes was awarded $11,050,000 in a wrongful death action after a 2019 trial. This passenger in an oncoming vehicle, and the truck driver, were killed in the accident, according to the Courtroom Video Network.

Based on evidence at the scene and autopsy results, plaintiffs contended that the truck driver pulled over to urinate by the side of the highway. The trucking company that employed him stated he believed something was wrong, properly pulled the truck over, and was inspecting it when a box truck rear-ended it.

The box truck veered right to avoid another vehicle that cut it off, sending it into the breakdown lane, where the tractor-trailer parked. The deceased was a passenger in the box truck. The plaintiffs claimed the collision wouldn’t have happened if the tractor-trailer wasn’t parked illegally.

Illegally Parked Tractor Trailer Struck From Behind

A 23-year-old Bridgeport, Connecticut man was killed after his car crashed into the back of a tractor-trailer illegally parked at the entrance of an I-95 service area in nearby Fairfield.

The truck was partially in a marked fire lane where a sign warned drivers that parking wasn’t permitted. The car went under the trailer at about 1:00 am, and first responders declared the driver dead at the scene.

The accident occurred in 2017. Five years earlier, another driver was killed under similar circumstances at the same rest stop, according to the News Times.

Commercial Vehicles on Local Streets

Businesses may own trucks of all shapes and sizes. They may be delivering goods, bringing employees to a worksite, or working on construction in the area. It may be hard to tell, but parking rules and regulations apply to all vehicles. Despite what you see on the street, commercial vehicles aren’t supposed to double park, block driveways or sidewalks, or use bike lanes as parking spots.

This is more than an inconvenience for others. Illegally parking a commercial truck may force others to go around it, exposing them to an increased risk of being struck by another vehicle.

Accidents Involving Illegally Parked Trucks on Local Streets

Too often, businesses are more concerned about convenience than safety.

Three-Year-Old Killed Because of Truck Illegally Parked in Bike Lane

Elizabeth “Lily” Grace Shambrook was killed in Chicago in 2022 at the age of three. She was on the back of a bike driven by her mother, Kate Snow when they encountered a utility truck illegally parked in a bike lane.

She moved over to avoid it and was pushed into the utility truck by a passing tractor-trailer (though it was illegal for that truck to be on that street). It struck Snow and her daughter, killing the child, according to the Block Club Chicago.

The utility truck driver received two tickets for parking within 30 feet of a stop sign and in a bicycle lane. The family filed a wrongful death lawsuit against the utility and the tractor-trailer owner in 2023.

Travel Lanes Treated Like Parking Lots

Rasheeda Marsh was killed when her Honda collided with an unattached truck trailer, illegally parked in a left-hand turn lane in Oakland, California, in 2020. The area is known to have trucks and trailers illegally park on road medians and travel lanes overnight reports the San Francisco Chronicle. Owners do so to keep their place in line when they enter the nearby Port of Oakland as it opens in the morning.

A city police officer was critically injured after slamming his patrol SUV into a parked semi-truck in the same area less than two years before this accident. The accident was early on a Monday before the port opened its gates.

Speak To a Truck Accident Lawyer Today

Have you been injured in an accident involving an illegally parked truck or commercial vehicle in Kentucky? If so, our law firm can and will help you receive fair compensation for your injuries. Put boots on the ground with help from Satterley & Kelley PLLC.

To schedule a free initial consultation at our office in Louisville, call 502-589-5600 (toll-free at 855-385-9532) or complete our contact form today.

Check out our truck accident page for more information.

Mesothelioma Cases at ARMCO AK Steel

Mesothelioma Cases at ARMCO / AK Steel

/in , /by

In this podcast, Paul Kelley from Satterley & Kelley talks with John Maher about asbestos exposure at ARMCO or AK Steel. He explains which workers may have been exposed to asbestos at this facility between the 1960s and 1990s, and he talks about their options for getting financial compensation.

John Maher: Hi, I’m John Maher. I’m here today with Paul Kelly. Paul is a partner with the Kentucky Personal Injury Law Firm, Satterley & Kelley, which has over 30 years of collective experience in handling cases involving mesothelioma and asbestos exposure. Today we’re talking about mesothelioma cases at ARMCO AK Steel. Welcome, Paul.

Paul Kelley: Hey, John. How are you doing today?

ARMCO in Ashland, Kentucky

John: Good, thanks. So Paul, what is ARMCO? A-R-M-C-O, also known as AK Steel.

Paul: ARMCO was a steel facility. They, of course, have many facilities throughout the country, or at least one time they did. We’re here to talk about a particular facility that was located in Ashland, Kentucky. It made a variety of steel products that were used in manufacturing plants throughout the southeastern and northeastern United States.

Asbestos Exposure and Mesothelioma at ARMCO

John: Okay. How was ARMCO related to asbestos and mesothelioma cancer cases?

Paul: Quite a few ways, actually. Steel plants historically have been known as some of the most prevalent sources of asbestos exposure in the United States. Steel plants, as you can imagine, are very hot facilities. I mean, they’re running numerous types of furnaces, ovens, in order to produce steel. It’s a hot process and they combine a lot of different iron and raw steel products into furnaces and ovens, and those ovens exceed thousands of degrees. Asbestos is something that’s affiliated with the equipment. It’s affiliated with the pipes that are running through the plant, and it’s typically used as an insulation product.

Some of the things that we’ve seen are something called the coke ovens. The coke ovens were used, coal was placed into them, and heated. It’s a complicated process; we won’t get into it too much. But essentially the coal was combined with other ingredients, and it forms something called coke.

Coke was then used to heat the blast furnaces. The blast furnaces essentially melted or smelted iron ore and raw materials into a form that then can be used to send it down the line into other types of furnaces called open hearth furnaces or basic oxygen furnaces. Those furnaces essentially made liquid steel from hot metal.

In all those ovens, the coke ovens, the blast furnaces, the open-heart furnaces, and ,the basic oxygen furnaces, all of them contain what we call refractory material, firebrick and other insulating products that contain asbestos. And again, the purpose for that refractory material is because these furnaces all reach thousands of degrees and heat. In order to maintain the integrity of the furnace, in order to produce the final product in a way that is of high quality, they need to make sure that the furnaces are in tip top shape all the time. And so this refractory material assisted in that process.

What we’ve seen from a lot of folks is they were exposed during the initial installation of all those materials. We’re talking firebrick and we’re talking insulation and all those things produced a high level of dust. That firebrick and refractory material doesn’t last forever. So typically once a year or once every couple years, they would have to go through and they would do what were called complete tear downs of the refractory material from all these pieces of equipment. And that, of course, would produce a lot of asbestos dust from tearing out those materials and they had to scrape it out. They had to blast it out. I mean, any way that they could get it out, they did. And then, of course, they put the new materials in. All of those pieces of equipment were all insulated with the best sustaining materials, and the people that installed it and took it out were exposed heavily.

Also, people who operated those pieces of equipment, frequently there would be vibrations throughout the facilities and would cause dust from these ovens and furnaces to be emitted from the equipment. Anybody within the breathing zone of the equipment during that process would get asbestos exposure. So there were those types of equipment.

Then there were boilers and turbines that were located in the facility. They were frequently used to heat the plant. They were typically used to energize some of the equipment. Boilers and turbines historically, whether it’s at a big powerhouse or whether it’s at a place like ARMCO in Ashland, they were all insulated with asbestos-containing materials. It’s usually a blanket insulation. Once again, there would be firebrick and refractory and boiler makers and mechanics, and maintenance folks would install and remove those materials on a fairly routine basis, and they would get exposed during that process.

There were, of course, steam pipes and steam lines running throughout the facility, both steam lines that were there to help heat the facility. There were chemical processes that ran through those lines. All those things produced an extreme amount of heat. And so in order to both protect the integrity of the lines themselves, and also to make sure that people didn’t get burned from touching any of that equipment, they were insulated with asbestos for many, many years.

Pipe fitters and the steam fitters and anybody that performed any maintenance whatsoever on any of those steam lines at any point in time would more than likely be exposed to asbestos from removing and installing new asbestos insulation, and of course the insulators as well.

Another type of exposure was to motors. These are large motors. These kinds of motors were utilized typically to operate cranes, giant cranes that had to move steel about in the facility. All those motors contained brakes and gaskets that contained asbestos at one time or another, probably through the mid ’80s. All of the maintenance folks, electricians, anyone that worked on those motors and actually worked on the internal components of the motors, they’re going to be exposed to asbestos at one time or another.

There was a lot of other equipment in the facility that contain asbestos, but the main ones that I think we’ve seen the most of during our career litigating asbestos cases are the types of products that I’ve just mentioned.

When Did Asbestos Exposures Happen at ARMCO?

John: Okay. Does the ARMCO facilities still operate? And if not, when would those exposures have typically happened, or when was there asbestos in the plant?

Paul: The ARMCO facility, eventually it was bought by Kawasaki and it was renamed AK Steel. That occurred in about 1995, ’96 timeframe. Unfortunately, they closed the whole facility down in 2019, so it’s no longer in business anymore. But to answer your question as when the exposures occurred, more than likely the prime time frame would’ve been prior to 1990, particularly in the ’60s and ’70s when new asbestos products were still being used.

As we got away from the mid 1970s and into the ’80s, the typical type of exposure would be to old things that were still there. So for example, a steam line that had asbestos installed in the 1960s, it could very well still be there in the ’80s, ’90s, 2000s. Frequently they would just wrap it, and as long as nobody’s touching it, it was fine. The problem is that if a pipe fitter or a maintenance employee had to get into one of those pipes because there was a problem, then they would remove the insulation from the pipe and there would be a new exposure there.

But for the most part, the refractory material, the new insulation, the motors, the gaskets, all these ovens and furnaces we’ve talked about, they probably were not using brand new asbestos containing materials past 1980. So it would only be exposure to old things after that that was most prevalent after 1980.

Help for ARMCO Employees Exposed to Asbestos

John: Okay. So if you were an employee at ARMCO and you have lung cancer or asbestosis or mesothelioma, what should you do?

Paul: Well, the most important thing is to get your medical treatment under control. Unfortunately, mesothelioma in particular is a devastating diagnosis. The life expectancy for people who are diagnosed with that disease on average is six to 18 months. The good news is the treatment’s a lot better today than it was 20, 25 years ago. People have a lot more options, but it’s certainly important to get your medical care under control.

It’s also important to advise your physicians and medical providers of the potential exposures that you think you had. It may not have an impact on how they treat you, but it may have an impact on getting to the diagnosis, and in some circumstances it could have an impact on treatment.

Certainly from my standpoint, it is absolutely critical that you seek the advice of an attorney immediately. We have litigated several cases out of this particular plant. We are familiar with the defendants and suppliers of asbestos of that facility. Time is of the essence, and it’s important to get a good understanding of what your rights are and then you can make a decision as to whether you want to pursue a lawsuit against any of the suppliers or manufacturers of products that more than likely you were exposed to at that plant.

Bringing Legal Claims Against ARMCO Suppliers

John: Right. So you mentioned filing a lawsuit against the suppliers of the asbestos products. Explain why you need to do that, and why an employee at ARMCO can’t just sue ARMCO itself or AK Steel.

Paul: Under Kentucky law and in most states, people are generally precluded from filing a lawsuit, a personal injury claim against their own employer. They have to file claims pursuant to the Kentucky Workers’ Compensation Act against their employers themselves. Every case is unique, and so sometimes it’s not possible to even file a workers’ compensation claim against your employer. Sometimes it’s not desirable or feasible to do so. But in most instances, a lawsuit cannot be filed against your employer.

The suppliers of asbestos products, they’re in a different category. Those suppliers enjoy no such protection. The suppliers all had a responsibility to provide a safe product. And if they could not provide a safe product, to warn about the inherent dangers of their product. In a place like ARMCO, there were dozens, if not hundreds of suppliers of asbestos containing products.

My experience in litigating cases from that facility and facilities like it is they didn’t provide warnings, they didn’t provide information. People who utilized these products or were exposed to these products day in and day out had absolutely no clue that the products contain asbestos, much less that the asbestos was hazardous. It’s critical to get an understanding as to when the exposures occurred, that has a big impact; how long those exposures occurred.

Even if you don’t know who manufactured the turbines, or who manufactured the coke ovens, or who provided the insulation for those coke ovens, that doesn’t mean that you don’t have a case. We have all that information. We have litigated and put that information together over a long period of time in working on these kinds of cases. So don’t be discouraged by the fact that you don’t know who supplied any particular product at any particular time. That’s not the standard under the law.

The standard is, did you work there? Were you exposed to something? Did it cause you harm? We have the ability to put that information together and make that case on your behalf, if in fact you’ve suffered an exposure there. But it’s going to be against the manufacturers and suppliers, and more than likely is not going to be against the employer.

Statute of Limitations on Mesothelioma Cases in Kentucky

 John:Okay. Talk a little bit about the statute of limitations in Kentucky and how that affects the ability of a worker to file a case against ARMCO’s suppliers.

Paul: Sure. Under Kentucky law, we have one year from the date that we know or should know we have an injury, and one year from when we know or should know the cause of that injury. So that’s not necessarily the date of diagnosis. However, to be safe, we always encourage folks to act as quickly as possible. If somebody came to me and we decided that it was a case that we could work on, we would file that case as soon as humanly possible, and we would never wait anywhere close to a year to get a case filed.

However, you do have a year. We typically encourage folks and go with the rule of thumb, go with the date of the diagnosis. However, there are many circumstances where people just don’t have any clue as to where they were exposed, and they have no clue how they were exposed. It does take a little bit of time. So the law gives us some ability to figure that out before our statute of limitations starts run.

Contact Satterley & Kelley If You Have Mesothelioma

John: All right. Well, that’s really great information, Paul. Thanks again for speaking with me today.

Paul: Thanks, John.

John: For more information about mesothelioma and asbestos exposure, visit the law firm of Satterley and Kelley at SatterleyLaw.com, or call 855-385-9532.

Health Insurance is Denied

What to Do If Your Health Insurance Coverage is Denied

/in /by

Mesothelioma is difficult and expensive to treat. If you have this condition, you have enough stress in your life. You don’t need unexpected, costly medical bills on top of that. A successful appeal may get you the coverage you need, and the outcome may make those bills disappear.

There are many types of health insurance. We will cover some tips for dealing with a private insurance coverage appeal. You can learn more from the Patient Advocate Foundation (PAF).

The following are links to information on appealing denials for other types of coverage:

The process can be lengthy and complex. Whether the denial is worth appealing depends on how critical the particular care is and how much money is  at stake. Discuss with your physician other effective treatments the insurance company may accept.

You may reduce the chances of a denial by being treated by healthcare professionals who often treat mesothelioma patients. Over time they learn how insurance companies operate, what information they want, what they’ll cover, and what they won’t. They have “inside knowledge” that you lack.

What is Health Insurance? What’s an Appeal?

PAF suggests you learn the basic rules about your health insurance plan. It’s a contract that states in exchange for premiums, the insurance company will pay your healthcare costs, with restrictions.

The plan won’t pay for any kind of treatment under any circumstances, no matter the cost. Some treatments are excluded, and there are limits on what the company will pay.

Your appeal is to show what you want falls within the contract. Their decision may be terribly unfair and cause you a lot of grief. That doesn’t mean they lack the grounds to make it.

There are different levels to an appeal. Your appeal decided within the company may be rejected. You could then ask for an external review, which may agree with you. If it doesn’t go your way, you can file a complaint with the Kentucky Department of Commerce and Insurance, Division of Insurance. If there are sufficient grounds, you may sue your insurer.

Telling the company how upset you are will do you no good because it’s irrelevant. It’s all about their obligations under the plan and how they failed to live up to them.

What Coverage Was Denied and Why?

You need to know what went wrong before you can fix it. Your physician may have proposed a course of treatment, and the company stated they won’t pay for all or some of it (a prior authorization denial). They may also deny payment for a drug or treatment you already received.

Reasons for a denial may include:

  • The treatment isn’t medically necessary
  • The drug or therapy is off-formulary (not part of a prescription plan)
  • The care involves an out-of-network provider
  • The service isn’t a covered benefit under the plan
  • You exceeded the benefit limits
  • No pre-authorization was submitted

After you know the reason, you must show facts that establish they made the wrong decision.

Work With Your Doctor

Depending on the denial, you may need general medical information about your treatment (like why it’s not experimental) or information about your particular treatment (you used a drug because others didn’t work).

You’ll need to work with your doctor to build the evidence for your appeal. If the denial is based on the interpretation of plan language, you may need a lawyer to help you. The rejection may be a mistake. Your plan may not state what the company claims it does.

You must document your appeal. This may involve medical journal articles or other publications about the effectiveness of a particular treatment, or they show it’s the accepted way to treat mesothelioma. You may also need medical records showing your treatment and how it complies with the plan’s requirements

Plan Your Message

You, a medical provider, or your advocate can write your appeal. Discuss your diagnosis and your relevant treatment history. You’ll need to cover the plan language and, based on the facts, show that your position is correct and that they made a mistake.

You may have had extensive treatment and a long medical history. Keep it as short as possible while covering the necessary issues and points. Highlight the strengths of your position. Don’t bury them in a 20-page letter.

Don’t Miss the Deadline

Learn your deadline and meet it. Missing it gives the insurance company an excuse to reject your appeal and ignore the problem. Send your appeal package via certified
mail or with a tracking receipt so you can prove when it was received.

Satterley & Kelley represents mesothelioma survivors in legal claims against the asbestos industry. If you have mesothelioma and are having problems with your insurance, we can advise you and direct you to some helpful resources. Call us toll-free at 855-385-9532or fill out our contact form to schedule a free consultation.