Health Risks Associated with Asbestos

Grocery Store Sues Due to Neighboring Asbestos Abatement Project

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The Amazon-owned grocery store chain Whole Foods is suing CBL Properties, the owner of a commercial development in Greensboro, North Carolina, and the retail company Transformco due to losses suffered from asbestos exposure during abatement that didn’t go according to plan.

The 2023 incident shut the store down for about two weeks because asbestos got into the store through water used to pressure spray a building where asbestos was being removed, reports WFMY. The exposed area was away from customers but was where employees worked.

Whole Foods’ court documents allege the defendants breached their contracts with them when they failed to take precautions to ensure the grocery store would not be affected by the demolition and reconstruction of an adjacent building where a Sears was located.

The demolition and reconstruction work involved a structure next to and above the Whole Foods store. The store chain alleges the defendants hired an industrial hygienist who installed asbestos monitors in the store because it was possible that asbestos could migrate from the work zone.

On August 31 and September 6, 2023, the defendants allegedly pressure-washed some of the work zone, and water contaminated with asbestos leaked into the Whole Foods. The store chain also claims it learned the asbestos in the Sears building close to its location had not been removed. Vibrations from the ongoing demolition shook it loose.

The lawsuit claims monitors installed by the defendants’ industrial hygienist found asbestos in the store for the first time on September 11. CBL was notified the next day, but Whole Foods claims they weren’t told about it until three days later.

The industrial hygienist recommended that Whole Foods shut down the store on September 20 to allow for cleaning. That was accepted, and the store remained closed until October 4.

Whole Foods claims the closure and disruption negatively affected its business and interfered with employees’ and customers’ use of the facility, resulting in significant profit loss and the disposal of a large amount of perishable inventory. The store also had to remediate the asbestos that leaked into its building.

Call Satterley & Kelley, PLLC, for A Free Initial Consultation

If you or a loved one is diagnosed with an asbestos-related disease caused by faulty abatement work, you may receive financial compensation for what you’ve endured. Call us toll free at 855-385-9532, locally at 502-589-5600, or contact us online to arrange a free initial consultation with an attorney. We will discuss your situation, your best legal options, and how we can help.

Asbestos Exposure

Report Finds Few New York City Schools are Inspected for Asbestos

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Federal law requires school systems to inspect buildings with asbestos to determine whether work must be done to keep them safe. According to a report issued in early April, New York City’s Education Department largely ignores this obligation.

The system is severely out of compliance with this federal law, reports Challkbeat New York, based on an audit released by Comptroller Brad Lander. It states the following:

  • The city’s public school system has about 1,600 schools
  • About 80% have been identified as having asbestos
  • As a result, they must be inspected by an accredited professional at least once every three years
  • Only 18% of about 1,400 schools with asbestos had these inspections from 2021 to 2024

School buildings with asbestos must also have routine inspections by trained employees. In 2023, only 22% of the required inspections were completed. The Comptroller advised the Education Department to take accountability for the problem and develop new policies and tracking systems to address it.

Education Department officials claimed their failure to act doesn’t increase the risk of asbestos exposure to those in the schools. The auditors creating the report disagreed.  

The federal law, the 1986 Asbestos Hazard Emergency Response Act, or AHERA, requires these inspections. Failing to do them could result in financial penalties.

As bad as the numbers are, they’re an improvement from the past. Since 1997, they have done about 11% of the required inspections in each three-year period. The lowest inspection rates are in Brooklyn (13%), and the highest are in the Bronx (25%).

The Education Department’s Chief Operating Officer, Emma Vadehra, agreed with the comptroller’s recommendations, according to a letter responding to the audit.

Satterley & Kelley Helps Clients with Mesothelioma

If you or a loved one is exposed to asbestos at a school and develops mesothelioma or another asbestos-related disease, compensation may be available. Get a free consultation with a knowledgeable, experienced Satterley & Kelley attorney by calling us toll-free at 855-385-9532, locally at 502-589-5600, or completing our online contact form.

What Does Benzene Do That Makes it So Toxic to Those Exposed to It?

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Benzene is a widely used chemical that all of us have probably been exposed to at some level. Like asbestos, it has many positive qualities that make it extremely useful. But also, like asbestos, it has a darker side that could cause many Americans to become severely ill. How does benzene cause this damage?

Benzene’s health effects have been extensively studied in laboratory animals and animals, according to the federal Centers for Disease Control and Prevention (CDC). Some of those impacts include the following:

1. Bone Marrow Damage

    A primary target for benzene is hemopoietic stem cells in the bone marrow. They become many different kinds of blood cells, immune system cells, and tissues of the bone marrow, thymus, and spleen.

    Benzene disrupts hematopoiesis, or blood cell production. Your body continuously makes new blood cells to replace old ones. It ensures a healthy supply of cells that provide oxygen to your tissues (red blood cells), fight infection (white blood cells), and clot your blood if you’re injured (platelets).

    Benzene can cut the number of white blood cells circulating through your body and its organs. They encounter foreign or diseased cells and destroy them. With fewer white cells, your immune system becomes suppressed. Your body may be more likely to suffer infections, and malignant cells that should’ve been destroyed have a head start in creating cancerous tumors.

    Benzene is also genotoxic. It has the ability to damage and alter the genetic material in bone marrow-related cells. This can cause bone marrow failure, myelodysplastic syndromes (a group of cancers resulting from immune cells that never fully mature and become healthy), and acute myeloid leukemia (AML, a bone marrow cancer).

    This chemical also decreases cellularity (the density, distribution, organization, or composition of cells) of tissues in the spleen, thymus, and bone marrow.

    2. Disrupted Development

    Laboratory animal studies report the following:

    • Decreased fetal weight
    • Increased skeletal deformities
    • Changes in blood
    • Brain and nervous system effects
    • Altered glucose homeostasis (how living organisms keeps a stable internal environment, despite changes in the external environment)

    There hasn’t been enough research to prove this happens in humans.

    3. Cancer

    Studies show workplace exposure is associated with an increased risk of myelodysplastic syndromes and AML. Laboratory animals exposed to benzene developed tumors at multiple sites. Mice tended to develop lymphomas, or cancers of the lymph system, part of our immune system. A 2024 study showed evidence of a link between benzene and lung cancer.

    The federal Department of Health and Human Services and the Environmental Protection Agency classify benzene as a substance known to cause cancer in people.

    Conclusion

    Benzene’s toxicity is due to its attack on the body’s fundamental processes. By disrupting blood cell production in the bone marrow, damaging genetic material, and suppressing the immune system, it leads to a cascade of severe health issues.

    While its industrial applications have been widespread, the well-documented risks underscore the need for strong safety measures and ongoing research to further understand and reduce the dangers of benzene exposure.

    To discuss your exposure, benzene lawsuit options, and how Satterley & Kelley, PLLC can help, call our office in Louisville at 502-589-5600 or toll-free at 855-385-9532. You may also complete our contact form for a free initial consultation.