Diseases Related to 9/11 First Responders and the Ongoing Impact
The devastating terrorist attacks on September 11, 2001, not only claimed the lives of thousands of innocent people but also left a lasting impact on the health of the brave first responders who risked their lives to save others. Recently, the New York City Fire Department (FDNY) announced a tragic milestone – the number of first responders who have died from illnesses related to 9/11 has reached the same number as those who lost their lives on the day of the attacks. This somber revelation serves as a stark reminder of the long-term health consequences faced by these heroic individuals.
The FDNY shared the heartbreaking news via an Instagram post by Fire Commissioner Laura Kavanagh (@fdnyfc). She revealed that two more first responders had succumbed to 9/11-related illnesses, bringing the death toll to 343. EMT Hilda Vannata lost her battle with cancer, while retired firefighter Robert Fulco died from pulmonary fibrosis. Both had spent significant time working in the rescue and recovery efforts at the World Trade Center site.
Commissioner Kavanagh expressed deep sorrow for the families of these fallen heroes and emphasized the responsibility the FDNY has towards its colleagues beyond the events of September 11th. She acknowledged that the toll of these illnesses on FDNY members continues to rise, with approximately 11,000 individuals suffering from World Trade Center (WTC)-)-related diseases, including 3,500 with cancer. The commissioner noted, ‘Our responsibility to our FDNY colleagues extends far beyond what we asked of them on September 11th and in the days and months that followed during rescue and recovery.’
The legacy of honor and promise created for the fallen heroes drives the FDNY’s advocacy for survivors. Commissioner Kavanagh vowed to continue pushing until all members receive the care they deserve for the rest of their lives. The FDNY’s dedication to their service and sacrifice is unwavering, and their promise to never forget them stands strong.
FDNY Fire Commissioner Kavanaugh closed her Instagram post by noting, ‘343 of our heroes lost in one day and today, 343 more. The FDNY will never forget them. This is our legacy. This is our promise.’ The diseases related to 9/11 first responders are a harsh reality that has unfolded in the aftermath of the terrorist attacks. The toll on the health and lives of these brave individuals is a constant reminder of the sacrifices made that day and in the days and months that followed. We must continue to support and advocate for the survivors, ensuring they receive the care they deserve. The legacy of the fallen heroes must be honored by fulfilling the promise of lifelong care and support for those who risked everything to save others on that fateful day.
If you or a loved one have been affected by the repercussions of diseases or health concerns related to 9/11, contact Belluck & Fox to discuss your options. Our skilled attorneys can help you in receiving the compensation and care that you need.
Sources:
Instagram: Laura Kavanaugh @fdfny
BBC News: https://www.bbc.com/news/
People Magazine: https://people.com/fdny-first-
Taking Action for Safer Streets
A recent analysis by Transportation Alternatives reveals the alarming rate of serious traffic-related injuries occurring on the streets of New York City. The research showed that over 4,200 people endured significant bodily harm from January 2022 to June of this year alone, equating to an average of 8 people per day. It is evident that urgent action is needed to address the safety concerns plaguing our transportation infrastructure.
From January to September of 2023, there have been 170 traffic-related deaths in New York City. It has been a more fatal year for cyclists, with 22 killed thus far, compared to the 14 fatalities during the same period last year. Data collected by Transportation Alternatives shows that, on average, during the first six months of the year, 15 pedestrians, seven cyclists, and 27 drivers were seriously injured in crashes… each week.
Transportation Alternatives’ analysis examined crashes involving various road users, including cyclists, pedestrians, motorists, passengers, and individuals on motorized bikes and scooters. The data revealed that a significant number of accidents resulted in dismemberments, fractured bones, miscarriages, and permanent organ damage. These life-altering consequences highlight the urgent need for safer streets.
The analysis also exposed the disparities faced by particular communities. According to the crash data, the ten council districts with the highest populations of people of color faced a 15% increased likelihood of experiencing traffic injuries, while residents of the ten council districts with the highest poverty rates were nearly a quarter more likely to be gravely injured. Both of these statistics were in comparison to the average district. These contrasts underscore the need for equitable access to safe transportation options and more significant protection for vulnerable communities.
Councilmember Selvena Brooks-Powers, chair of the Council’s transportation committee, commented, ‘This data is alarming, but not surprising. Our transportation infrastructure forces those in our outer borough and lower-income neighborhoods to be disproportionately reliant on cars and bikes, putting them at the highest odds of being in harm’s way.’
Former Mayor Bill de Blasio’s Vision Zero program, launched in 2014, aims to eliminate traffic deaths and injuries in New York City. However, Transportation Alternatives argues that the focus often rests solely on fatalities, neglecting the severity of serious injuries.
Some aspects of the analysis have been argued by the city’s Department of Transportation (DOT). The DOT has cited that specific neighborhoods typically have a heavier concentration of people during the day and fewer people at night.
Mona Bruno, a spokesperson for the DOT, wrote, ‘Throughout Vision Zero, NYC DOT has worked to ensure all New Yorkers benefit from our safety projects— and we’ve seen the greatest decreases in pedestrian fatalities both in neighborhoods with high poverty rates and the highest levels of non-white residents.’ She argued that an ‘equity formula’ that helps determine where to make street safety improvements has helped Transportation Alternatives focus more intently on the neighborhoods with high poverty rates and people of color.
Regardless of opinion or bias, the facts speak for themselves. Within the first six months of the year, Manhattan led the boroughs in pedestrian injuries with 289. Within this same period, Brooklyn led the boroughs in cyclist injuries with 204, while Queens led the boroughs in motorist injuries with 567.
The alarming number of severe injuries on New York City streets demands immediate attention and action. As we strive for safer streets and improved transportation infrastructure, it is crucial to support those who have suffered due to negligence or inadequate safety measures. Belluck & Fox stands ready to assist accident victims in pursuing justice, ensuring their voices are heard and their rights are protected. With their extensive experience and expertise, their team will guide you through the legal process, ensuring that you receive the compensation you deserve.
If you or someone you know has been affected by a serious accident, contact Belluck & Fox today for expert legal counsel and representation. Together, we can work towards a safer and more secure future for all New Yorkers. Please reach out to Belluck & Fox today for a free consultation.
Celebrating Exceptional Work in Mass Tort Litigation / Class Actions – Plaintiffs: Recognition in The Best Lawyers in America® for Partner Joseph Belluck
New York City (September 18, 2023) – Belluck & Fox LLP proudly congratulates partner Joseph Belluck on his recognition in the milestone 30th edition of The Best Lawyers in America®. The highly regarded publication, known for over 40 years as the most credible measure of legal integrity and distinction in the United States, has publicly released its 2024 recognitions. He has received this honor for his exceptional work in Mass Tort Litigation / Class Actions – Plaintiffs.
Belluck & Fox, LLP was founded 25 years ago and has recovered over $1 billion dollars for its clients. With a focus on asbestos litigation and personal injury law, the firm champions for their clients and families. This passion is evident in the recognition that they have received from numerous publications and companies, including The National Law Journal, US News & World Report, the Better Business Bureau, and The Best Lawyers in America®.
‘I am once again very grateful and humbled by this acknowledgment from my peers,’ Joe commented. ‘Throughout my career, I have always fiercely advocated for our clients and will continue the pursuit of justice for every single client of Belluck & Fox, LLP.’
Joe is a highly respected attorney and founding partner of Belluck & Fox, LLP, known for his superior representation of clients and strong ethical standards. With a focus on mesothelioma, truck and construction accidents, and other serious injury litigation, he has dedicated his legal career to supporting consumers and workers. Through dedication and extensive knowledge, he has settled over $1 billion in asbestos and personal injury lawsuits. Joe is also charitable and a humanitarian, chairing multiple organizations and dedicating his time and knowledge to many great causes.
Joe’s inclusion in The Best Lawyers in America® is based on a comprehensive peer-review survey, which gathered more than 13.7 million confidential evaluations from fellow legal professionals this year. Best Lawyers® firmly believes in the power of peer recognition, and their peer review methodology remains at the center of the company’s ideology. Their philosophy is simple: the best lawyers know who the best lawyers are. This year’s overwhelming response, with almost 25,000 voters participating in the survey, demonstrates the immense respect and admiration Joe has garnered in his field. The outstanding achievements of Joe in Mass Tort Litigation / Class Actions – Plaintiffs, as acknowledged by The Best Lawyers in America®, are a testament to his unwavering dedication, exceptional legal skills, and commitment to excellence. This recognition serves as an inspiration to his peers and a reassurance to his clients that they are working with one of the best in the field.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Massachusetts and Maine. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
News Release: Belluck & Fox Doubles Year-Over-Year Asbestos Case Filings
KCIC 2023 Mid-Year Asbestos Filings Update Recognizes Belluck & Fox for the Highest Increase of Any Mesothelioma Firm Nationally
New York – Belluck & Fox LLP, a nationally recognized personal injury law firm, is proud to announce that it has doubled its year-over-year asbestos-related case filings, as reported in the recently released KCIC 2023 Mid-Year Asbestos Filings Update. The growth shows a larger percent-increase expansion than any other mesothelioma firm across the United States.
“We want to thank our clients and our referral partners for trusting us with their cases,” said Joseph Belluck, partner at Belluck & Fox. “We know the importance of what we do for our clients and their families.”
Potential clients seeking representation for themselves and loved ones who have been diagnosed with mesothelioma, injured, or suffered injustice can reach out for a free consultation.
“We take immense pride in our role as advocates for those affected by mesothelioma,” said Belluck. “Our dedication to providing the best legal representation remains the cornerstone of our firm, and this reinforces our resolve to continue fighting for justice for mesothelioma patients and their families.”
The report by KCIC, a recognized authority in tracking legal industry trends, reveals that Belluck & Fox has achieved unparalleled success in asbestos litigation. With a year-over-year increase of 97 percent, the firm has added an impressive 28 additional filings to its caseload compared to mid-year 2022. This accomplishment reaffirms Belluck & Fox’s excellent reputation in representing mesothelioma and lung cancer patients.
Belluck & Fox has consistently demonstrated excellence in asbestos litigation, maintaining its standing among the top plaintiff firms in the industry. The notable surge in case filings underscores the firm’s strategic approach to mesothelioma cases across various jurisdictions. While the firm’s filings are predominantly in New York State, they are also widespread in Massachusetts, New Jersey, and Pennsylvania, as well as across other states.
Attorneys at Belluck & Fox are admitted to practice in New York, New Jersey, Pennsylvania, California, Colorado, Florida, Maine, Massachusetts, Vermont, Washington, the District of Columbia, and several federal jurisdictions, including the Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts, Atlantic City, New Jersey, and Portland, Maine.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Maine, Massachusetts, and New Jersey. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
The Looming Health Crisis Among Quartz Countertop Workers
The Unseen Threat:
Quartz countertops have become synonymous with modern aesthetics and functionality, gracing countless homes and commercial spaces worldwide. However, beneath this seemingly innocuous industry lies a grave danger that has far-reaching implications for the health and well-being of the workers who craft these elegant surfaces.
The study’s findings paint a distressing picture: 52 countertop workers in California, primarily Latino immigrants, were diagnosed with silicosis, a debilitating and potentially fatal disease caused by inhaling silica dust. The time frame from 2019 to 2022 witnessed the emergence of this concerning trend, with at least ten workers succumbing to the disease. Shockingly, many of these cases progressed rapidly, leading to an urgent demand for enhanced protective measures and early diagnosis.
A Call for Action:
The urgency of the situation is underscored by the fact that silicosis was previously thought to be a fading concern in the U.S., primarily affecting miners and individuals working with natural stone. However, the emergence of this alarming trend among workers dealing with artificial stone challenges our preconceived notions. Dr. Jane Fazio, a pulmonary specialist at UCLA Health and co-author of the study, emphasizes the necessity for immediate action to address the escalating crisis.
Dr. Fazio’s words ring true, especially considering the startling statistics surrounding the affected workers. The average age of diagnosis was just 45 years and nearly 60% experienced delayed diagnosis due to the confusion of symptoms with other respiratory illnesses. Nearly 40% were already at an advanced stage of the disease at diagnosis, underlining the urgency of early detection and intervention.
A New Perspective on Safety Measures:
The study also shed light on the prevailing safety practices within the industry. Fewer than half of the workers reported using water suppression techniques to minimize dust exposure. Similarly, only a fraction claimed to “always” wear masks, with the rest admitting to “sometimes” using them. These revelations underscore the dire need for regulatory agencies and employers to prioritize the safety and well-being of their workforce.
Conclusion: A Call for Change
The tragic cases highlighted in this study are a clarion call for change. As the demand for quartz countertops continues to rise, we cannot overlook the toll it takes on the individuals responsible for crafting these products. The findings compel us to reevaluate industry practices, enhance safety measures, and advocate for comprehensive changes prioritizing worker health over profit. It’s not just a matter of preventing silicosis but of human dignity and the fundamental right to a safe and healthy workplace. Let us heed this call for change and ensure that the silent danger lurking in the quartz countertop industry is confronted head-on.
Quartz Countertop Workers Lawsuit Attorneys Belluck & Fox
If you or a loved one worked in the quartz countertops industry and have been diagnosed with a health complication that can be linked to silica dust, please reach out to Belluck & Fox today for a free consultation.
Op-Ed: The United States Supreme Court and Judicial Ethics
by Joseph Belluck & Robert Tembeckjian
Originally published on Law.com • February 23, 2023
In February 2019, shortly after Brett M. Kavanaugh was confirmed as a justice of the United States Supreme Court despite serious allegations of sexual misconduct, numerous complaints against him were dismissed by a panel of judges without investigation, for two reasons.
First, although there is a binding code of ethics applicable to all lower federal court judges and all judges of the 50 states, the Supreme Court has never adopted such a code for itself. Thus, when Kavanaugh assumed his exalted new office, he was no longer subject to any promulgated ethical constraints.
Second, even if there were such a code, there is no mechanism to enforce it. There is no Inspector General or ethics-enforcement office for the federal judiciary, as there are in all the states.
There is only a diffuse system in which each judicial circuit handles complaints against its own judges and, not surprisingly, dismisses almost all of them.
Later in 2019, in testimony to Congress, Supreme Court Justices Samuel Alito and Elena Kagan said that Chief Justice John Roberts was studying the matter of a code of conduct for the justices of his court.
Yet despite the passage of nearly four years, in which alleged conflicts of interest have been raised about several of Roberts’ colleagues, there has been no action.Recent reports, in fact, have revealed that, rather than set an example as one might expect of the nation’s highest court on such an important issue, the nine justices of the Supreme Court continue to trail all others, unable to agree on a code of conduct for themselves.
Indeed, in his annual report to Congress in December 2022, Roberts made absolutely no mention of a conduct code. The report did not once use the word “ethics,” even though numerous alleged ethical breaches animated discussions about the court all year—from the early leak of its controversial abortion decision in Dobbs, to reports that its religious-exemption decision in Hobby Lobby was disclosed in advance to evangelical advocates, to claims that partisan or professional activities and affiliations of one spouse or another required the corresponding justice’s disqualification from certain cases.
Dithering on judicial ethics threatens to undermine public confidence in the integrity and independence of our nation’s premier court, the only one explicitly created in the Constitution. Opinion polls already signal a decline.
Recent polls and studies by Gallup and the Pew Research Center show disapproval of the court at historic lows. The court’s reluctance to act on an ethics code is mystifying, due at least in part to its failure to explain itself, leaving Congress and commentators to speculate. Adoption of an ethics code should be relatively easy.
The American Bar Association’s Model Code of Judicial Conduct has been adapted by all 50 states and is applicable to its trial and appellate courts, including each state’s highest tribunal. The ABA Model was also the basis for the Code of Conduct for United States Judges, applicable to all federal trial and appellate judges, except of course those on the Supreme Court.
While the Supreme Court’s unique status may present enforceability issues were one of its justices to engage in misconduct—only Congress may discipline a Supreme Court justice via the impeachment process—there is simply no reasonable argument for its avoidance of mandated ethical guidelines.
Even a viable and constitutionally sound enforcement model is easily imaginable. Congressional proposals for creation of a judicial inspector general have been introduced, and state judicial disciplinary commissions—composed of judges, lawyers and non-lawyer “public” members— have operated with great effect since the first one was established in California in 1960.
Either model could easily be adapted for the entire federal bench. And just as numerous state enforcement bodies have applied the code to and disciplined judges of their respective highest courts, so could a similar entity designed for the national bench.
A federal inspector general or a conduct commission could report to the appropriate committee of the Judicial Conference of the United States and, where appropriate, recommend public or private reprimands of trial and Circuit appellate judges.
They could similarly make such reports and recommendations to Congress as to Supreme Court justices whose ethical lapses may warrant censure or, in egregious situations, impeachment and removal proceedings.
What is not sustainable is continued, prolonged delay on what should be a proposition beyond debate: that the highest court in the land should demonstrate its commitment to judicial ethics by adopting and applying to itself a code of conduct like every other court in the country.
Joseph W. Belluck and Robert H. Tembeckjian are, respectively, the Chair and the Administrator of the New York State Commission on Judicial Conduct.
News Release: Belluck & Fox LLP Expands Further into New England with New Office in Maine
New York City (February 16th, 2023) – Belluck & Fox LLP, a nationally recognized mesothelioma and personal injury law firm, announced that it is expanding further into New England with a new office at 63 Federal Street in Portland, Maine. Managing partner Joseph Belluck has been admitted to the bar in Maine, permitting the firm to better serve clients and their families in the region.
“Maine has one of the highest rates of Mesothelioma cases in the country,” said Belluck. “Our new presence in Maine enables us to provide the most vulnerable clients with the utmost respect and compassion, and deliver them the justice they deserve.”
Belluck & Fox prides themselves on their passionate advocacy for their clients. Over the years, the firm has settled more than a billion dollars in asbestos and personal injury verdicts. They are consistently recognized for their successes by U.S. News, Best Lawyers, SuperLawyers, Martindale-Hubbell, The National Law Journal, Avvo, the Better Business Bureau, and many other publications and organizations.
Joe Belluck has been practicing law for more than 25 years. Belluck & Fox was founded with Jordan Fox in 2002. Belluck has a strong reputation for excellence in mesothelioma, truck accidents, and other serious injury litigation. He is a compassionate and dedicated attorney who has spent his entire life and legal career advocating for injured consumers and workers.
Belluck’s recognition goes beyond the courtroom. He is often called upon to speak at national conferences, serves as chair of the New York State Commission on Judicial Conduct, and is a trustee of The State University of New York. He is also committed to giving back, serving as chair of the boards for The Precious Dreams Foundation, a national organization that provides comfort items to foster and homeless youth.
Attorneys at Belluck & Fox are also admitted to practice in New York, New Jersey, Pennsylvania, Vermont, Florida, California, Colorado, Washington, Massachusetts, the District of Columbia, and several federal jurisdictions, including the Supreme Court. The firm serves clients across the United States based out of New York City, with offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts and now Portland, Maine.
According to the Centers for Disease Control, Maine has the highest rate of mesothelioma cases in the country. Potential clients in Maine seeking representation for themselves or a loved one who has been diagnosed with mesothelioma, injured, or suffered injustice, can reach out for a free consultation.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City with additional offices around the state in Albany, Rochester, and Woodstock, as well as Massachusetts and Maine. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
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Precious Dreams Foundation Honors Board Chair Joseph Belluck
The Precious Dreams Foundation’s mission is that every child deserves to feel comforted and secure. That’s why – fully believing in the cause – Belluck & Fox managing partner Joe Belluck has volunteered as the Executive Board Co-Chair of the Foundation since 2017.
Recently, he was honored at the Foundation’s 11th Annual Laughter and Lullabies Gala, benefiting the service and support of underserved youth. He was presented with the Miracle Maker Award, which recognizes his significant contributions to the organization’s growth and expansion.
Founded in 2012, Nicole Russell and Angie Medina responded to the recognized need for mental health awareness and sleep support for young people in foster care and homeless shelters. The Precious Dreams Foundation partners with foster homes and homeless shelters that have observed the benefits of teaching self-comfort and mental health services.
Joe’s recognition goes beyond the Miracle Maker Award and Board Co-Chair. He has been supporting the work of the Precious Dreams Foundation for several years. If you’re looking to get involved in the foundation, you can sponsor, volunteer, or donate. For more information on how to get involved, please visit https://www.
News Release: Joe Belluck, Jordan Fox, Seth Dymond Ranked Best Lawyers in America
New York City – Belluck & Fox LLP today announced that it has been recognized by U.S. News & World Report as a Best Lawyers Tier 1 firm, both nationally and in the New York City region, for Mass Tort Litigation / Class Actions – Plaintiffs.
In addition, partners Joseph Belluck, Jordan Fox, and Seth Dymond have all been named to the Best Lawyers in America rankings for 2023.
“When we founded Belluck & Fox, we set out to be a different kind of law firm. I’m proud that we’re known as a force to be reckoned with because we care so deeply about seeking justice,” said Belluck. “Having been first recognized by Best Lawyers in 2006, we are honored to be acknowledged year after year for our diligent work on behalf of our clients and their families.”
Belluck & Fox prides themselves on their zealous advocacy for their clients. Over the years, the firm has settled more than a billion dollars in asbestos and personal injury verdicts. They are consistently acknowledged for their successes not only by U.S. News and Best Lawyers, but also by SuperLawyers, Martindale-Hubbell, The National Law Journal, Avvo, the Better Business Bureau, and many other publications and organizations.
Joe Belluck, a founding partner at Belluck & Fox, has over 25 years of experience practicing mesothelioma, truck accidents, and other serious injury litigation. He has settled over $1 billion of asbestos and personal injury lawsuits. Belluck is often called upon to speak at national conferences, serves as chair of the New York State Commission on Judicial Conduct and the New York State Cannabis Advisory Board, and is a trustee of The State University of New York. He is also committed to giving back, serving as chair of the boards for Precious Dreams, a national organization that provides comfort items to foster and homeless youth, and CMind, which promotes meditation and contemplative practices on college campuses.
Jordan Fox, a founding partner at Belluck & Fox, has over 30 years of experience in practicing mesothelioma, product injury, environmental injury, and lead paint injury litigation. He has recovered tens of millions of dollars on behalf of his clients in settlements and verdicts for victims – twice his cases were named by the National Law Journal as “verdicts of the year.” Fox is nationally recognized as a trailblazer in the legal field and has a proud history of defending the public. He won the first major asbestos case against a major retail company when Sears Roebuck was found liable for selling products that caused mesothelioma.
Seth Dymond, a partner at Belluck & Fox, has a consistent history of victories at the appellate courts, and to date has never had a liability verdict overturned at the appellate level. Dymond has briefed and argued numerous cutting-edge legal issues in asbestos litigation across New York State, including landmark product liability decisions decided by New York’s highest court and adopted by the U.S. Supreme Court. He successfully co-represented the entire asbestos Plaintiffs’ bar (approximately 15 law firms) in appeals upholding the New York City Asbestos Litigation Case Management Order.
Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.
Potential clients seeking representation for themselves or a loved one who has been diagnosed with mesothelioma, injured, or suffered injustice, can reach out today for a free consultation.
About Belluck & Fox, LLP
Personal. Professional. Proven. Founded in 2002 by Joseph Belluck and Jordan Fox, Belluck & Fox LLP is a nationally recognized law firm specializing in cases of mesothelioma and asbestos, personal injury, and other forms of injustice. The firm represents clients across the United States based out of New York City, with additional offices around the state in Albany, Gloversville, Rochester, and Woodstock, as well as Boston, Massachusetts. They have secured over $1 billion in verdicts for their clients. For more information, visit www.belluckfox.com.
EPA Finally Admits Asbestos Presents an “Unreasonable” Health Risk
In 2016, the Environmental Protection Agency (EPA) finally designated asbestos as a chemical targeted for risk evaluation. A recent release by the agency in June 2022 was the final scope of Part 2 of this risk evaluation, performed under the Toxic Substance Control Act, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Notably, the EPA concludes for the first time that asbestos – a known human carcinogen – presents an “unreasonable” health risk to workers under certain conditions. The EPA has a deadline of December 1, 2024, to complete and publish the risk evaluation.
At Belluck & Fox, we are watching the EPA’s efforts carefully to conduct this risk evaluation in good faith and to ensure that the public knows just how dangerous asbestos can be. Asbestos exposure and its associated health risks – the sole cause of mesothelioma cancer – are not topics that we take lightly. While we believe this risk evaluation is a long overdue measure by the EPA, we are encouraged to see that their evaluation intends to cover a broad range of important issues pertaining to asbestos exposure, particularly in the area of legacy uses.
Part 1 of this evaluation was published in December 2022, and the first two of three installments of Part 2 were published in January 2021 and January 2022, respectively. In Part 1 of the risk evaluation, the agency concluded that chrysotile asbestos poses an “unreasonable” risk to human health after reviewing 32 conditions of use. The dangers of asbestos are posed to consumers, bystanders, occupational non-users, and workers in both direct and indirect contact with asbestos. The scope of Part 1 was limited to chrysotile asbestos since it is “the only form of asbestos known to be imported, processed, or distributed for use in the United States, including in manufacturing, processing, distribution in commerce, occupational and consumer uses, and disposal,” according to the EPA.
Part 2 of the risk evaluation centers on legacy uses of asbestos and its disposal, as well as describing previous asbestos uses, avenues of exposure, and impacted populations of that exposure. Due to this shift in focus, the use and presence of talc and five other types of asbestos fibers were included and addressed, in addition to chrysotile asbestos mentioned in Part 1. Construction materials would be evaluated as a legacy use due to their exceptionally high prevalence and opportunities for exposure. Talc is still found in many consumer products produced and used today, either as a main ingredient or as a filler, such as in lubricants, dusting powders, paint, paper, and roofing materials.
Our mesothelioma clients are victims of not only the long-term health ramifications produced by asbestos exposure but also the companies that used asbestos and asbestos-related products in abundance in the workplace. We are hopeful that the EPA will take steps to recommend a broad ban on asbestos products. Our attorneys will not stop fighting until our exposed clients and their families receive the justice they deserve.