Ohio Trail Honors Mesothelioma Victim
Thursday, August 27, 2009
An Ohio widow whose husband died of mesothelioma made a contribution to the new community walking and jogging trail to honor her husband ‘s memory.Karen Huffman made a $3,000 donation to the Kiwanis-Jaycees Community Park in Morgan County, Ohio to help with construction of a new walking trail at the park. The trail opened this month.
Danny Huffman died in July 2006, less than six months after he was diagnosed with mesothelioma, a cancer usually associated with asbestos exposure. The disease was diagnosed after he experienced berathing problems while taking a walk.
Karen Huffman said the park was a big asset to the community and her husband would have been the first to walk the trail. He walked two to three miles a day for exercise and therapy until the respiratory disease made breathing difficult for him, the Morgan County Herald reported. “Walking and talking with his God was something he loved to do,” she told the newspaper.
Walking Trail
Labels: National News
posted by Wade Rawlins at 12:16 PM
New Test Could Allow Earlier Detection of Mesothelioma
Monday, August 24, 2009
British researchers say they have developed a more refined test to diagnose mesothelioma in people with excess fluid around the lining of their lungs.Earlier detection of mesothelioma would allow doctors to treat symptoms more quickly and avoid invasive diagnostic procedures on people who don’t have the rare cancer.
The test, developed by a team at Oxford University, analyzes levels of a protein closely linked to the asbestos-related cancer in fluid around the lungs
A number of conditions may cause excess fluid in the lining of the lung, but more than 90 percent of people with mesothelioma suffer from the condition which can be accompanied by difficulty breathing and chest pain.
So the researchers sought to distinguish mesothelioma as a cause of a buildup of excess fluid in the cavity surrounding the lungs.
They looked at levels of the protein meothelin which is released in high quantities in the pleural fluid of most mesothelioma patients. They collected more than 400 fluid samples from 167 patients who had excess pleural fluid.
They found that levels of the protein were almost six times higher in patients with mesothelioma than in patients with lung cancer that had spread from another part of the body and 10 times greater than those with benign conditions, making it a useful new biomarker or indicator of the presence of mesothelioma.
The study is published in the current issue of American Journal of Respiratory and Critical Care Medicine.
Article Abstract
Labels: International News
posted by Wade Rawlins at 4:41 PM
Two Bankruptcy Courts Favor Asbestos Victims' Rights to Pursue Claims
By Wade RawlinsA federal bankruptcy judge in Florida this month held that a successor company to a business that emerged from bankruptcy must face a lawsuit arising from allegations that products sold by the original business caused a woman’s mesothelioma.
The case concerns Mary Van Brunt, a New York woman who developed mesothelioma in 2006, nearly 30 years after buying home remodeling products containing asbestos that allegedly were sold by Grossman’s Inc. She died from the rare form of asbestos-related cancer in August 2008.
Before her death, she and Gordon Van Brunt filed a products liability lawsuit in state court in Erie County, New York in 2007, contending that she had developed mesothelioma from exposure to products containing asbestos that the Van Brunts had acquired in 1977 during a home remodeling project.
The Van Brunts’ lawsuit named JELD-WEN, and 57 other defendants. JELD-WEN is a manufacturer of building products headquartered in Klamath Falls, Oregon. It acquired Grossman’s, the company alleged to have sold the products containing asbestos to the Van Brunts.
The Van Brunt’s lawsuit has played out in courts in three states. In both Florida and Delaware, they won legal victories that could help those seeking compensation for asbestos-related disease from companies that have been through bankruptcy.
JELD-WEN went to federal bankruptcy court in Delaware and then Florida to try to get the court to block the Van Brunts' lawsuit filed in New York. JELD-WEN contended in its court filings that it was not liable for Mary Van Brunt’s illness because Grossman’s two earlier bankruptcy reorganizations had barred any claims that arose before the date the court confirmed the bankruptcy reorganization.
The issue turned on when Mary Van Brunts’ claims arose: Was it when the Van Brunts bought the home remodeling products or when her illness appeared?
The Van Brunts argued that their legal claims did not arise until the fall of 2006 when Mary Van Brunt began to experience symptoms of mesothelioma, a disease that often appears 30 to 40 years after exposure. Doctors diagnosed her illness in 2007.
The courts in Delaware and Florida agreed with the Van Brunts and refused to bar their lawsuit against JELD-WEN and others.
“Court’s have long recognized the unique nature of asbestos-related illnesses and struggled with how to balance the need to make asbestos victims whole without crippling businesses with asbestos-related liability,” said U.S. Bankruptcy Judge A. Jay Cristol in Florida, agreeing that Van Brunt’s legal claims were not discharged by court’s approval of a bankruptcy reorganization plan for Grossman’s.
Grossman’s Inc. was a subsidiary of Evans Products Co. In 1985, Evans Products Co., filed for bankruptcy in U.S. Bankruptcy Court in the southern district of Florida. The court approved a reorganization plan and when the company re-emerged from bankruptcy in 1986, it took the name, Grossman’s Inc., ones of its subsidiaries.
“If any unknown asbestos injuries manifest themselves after plan confirmation, the debtor or a successor in interest, must deal with them in the ordinary course of business,” Cristol said.
Companies such as JELD-WEN have to balance the risks and benefits of possible legal liability for asbestos claims when deciding whether to buy the assets of companies emerging from bankruptcy, Cristol said.
Cristol’s ruling echoed a decision in bankruptcy court in Delaware a year earlier. The U.S. Bankruptcy Court in Delaware held that the legal precedent established in decisions in the Third Circuit was that a claim for asbestos-related injuries did not arise until the symptoms manifested themselves.
The court said that the counter argument— to require a person who has no idea that he or she has been harmed by a product to file a claim against a company involved in bankruptcy proceeding —was absurd.
In 1997, Grossman’s had filed for bankruptcy protection in U.S. Bankruptcy Court in Delaware. The court approved its reorganization plan in December 1997. JELD-WEN acquired a majority interest in Grossman’s stock and eventually merged the companies in 1999 under the name JELD-WEN.
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Labels: Featured News
posted by Wade Rawlins at 12:11 PM
Mesothelioma Patient, a Nurse, Will Be Honored At Asbestos Disease Awareness Conference
Thursday, August 20, 2009
A nurse who is a seven year survivor of mesothelioma will be honored at the 6th Annual Asbestos Disease Awareness Organization (ADAO) Asbestos Disease Awareness Conference in Chicago, Illinois in April, 2010, according to the ADAO website.After her diagnosis of plural mesothelioma in 2002, June Breit, RN, went into action on behalf of making people aware of this deadly asbestos related disease and encouraged the governor of Pennsylvania to implement Mesothelioma Awareness Day in the state.
At first Breit thought she had the flu when she had trouble breathing. When receiving the diagnosis of plural mesothelioma Breit was shocked and bewildered as she had no known occupational exposure to asbestos. Breit was well aware of the prognosis of mesothelioma after having been a nurse for 30 years.
Her treatment included surgery to remove part of her lung, the lining of her lung, and her diaphragm, chemotherapy, and radiation. Breit is an avid swimmer and one of her biggest surprises after her treatment was finding she needed two lungs to float after sinking the first time she tried. That did not stop her, however, as she now uses her granddaughter's noodle when she goes to the pool.
Breit continues her battle to ban asbestos use and devotes time to increase funding for the creation of additional treatment options for patients of mesothelioma.
Labels: Mesothelioma, Patients
posted by Nancy Meredith at 8:10 AM
Sheet Metal Workers Face Higher Risk of Asbestos-Related Disease, Study Says
Tuesday, August 18, 2009
By Wade RawlinsSheet metal workers are at higher risk of asbestos-related diseases, according to a new study by researchers at Duke University and the Center for Construction Research and Training in Silver, Spring Maryland.
The study, published in the August issue of the American Journal of Industrial Medicine, found “a statistically significant excess mortality” for mesothelioma, asbestosis and cancers of the pleura or lining of the chest and abdomen. Mesothelioma is a rare cancer nearly always related to asbestos exposure.
Researchers, led by John Dement of Duke’s Division of Occupational and Environmental Medicine, analyzed the overall mortality patterns of 17,345 workers with 20 years or more in the sheet metal trade who had taken part in a long-running asbestos disease-screening program. That provided the researchers chest x-rays and health records of the workers. The researchers also looked at effects of asbestos exposure, smoking and asbestosis on the risk of lung cancer.
Sheet metal workers fabricate and install heating and air conditioning ductwork, produce appliances such as refrigerators and air conditioners and work in shipyards and the railroad industry.
For many years, they were sporadically exposed to asbestos that was being sprayed on surfaces for fire-proofing until that method of application was banned in 1973. Today, use of asbestos is strictly regulated and workers’ greatest potential for exposure is during renovation of older asbestos-insulated ventilation systems.
The workers in the study had been involved in the sheet metal trade on average about 32 years, and nearly all were white men. Their average age was about 57 years old.
The group’s overall mortality was lower than the U.S. population’s standardized death rate, the researchers said, suggesting the workers were a hardy lot.
Still, the researchers found significantly higher risk of certain asbestos-related diseases including mesothelioma, lung cancer and asbestosis. The analysis also found a significantly higher risk of lung cancer and cardio obstructive pulmonary disease among those workers in whom tests had detected changes to functional in their lungs.
The researchers said the study offered additional evidence that workers who experienced periodic exposure to asbestos are at increased risk of asbestos-related diseases. Even workers whose x-rays had not revealed asbestosis or abnormalities in the lining of the lungs had significantly increased risk of mesothelioma and cancers of the pleura, the study found.
The Sheet Metal Workers International Association and the Sheet Metal and Air Conditioning National Association established the screening program in 1985 to examine the health hazards in the sheet metal industry in the United States and Canada. More than 18,000 workers took part in the screening program from 1986 to 2004.
Abstract of Study
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Labels: Featured News
posted by Wade Rawlins at 10:11 AM
Former NJ Asbestos Plant Site Returns As Diamond in Rough
Monday, August 17, 2009
A developer broke ground this month on new recreational fields for Berkeley Heights, New Jersey on 13 acres once contaminated with asbestos and oil spills.The township of Berkeley Heights and Union County purchased the property for $13 million in 2004 to preserve it as open space and multi-use recreational fields. But before the public could use it, it required decontamination, The Star-Ledger reported.
American Asbestos had operated plant on the site until 1952, then Shaw Plastics and Barry Fuels, a petroleum products distributor, had operations there. New Jersey environmental officials with the Department of Environmental Protection said American Asbestos apparently used asbestos to fill low-lying areas of site.
Nearly 42,000 tons of contaminated soil was removed from the land and shipped to out-of-state facilities, paving the way for the current project. The cleanup — initially projected to cost $1 million — cost $6.5 million, which was paid by Robbinsbrook, LLC, the site developer that sold the land to the township and the county.
In June, Union County leaders authorized a $3.8 million contract with Applied Landscape Technologies of Montville, New Jersey for development of the property.
"In this age of environmental awareness, it is fitting that a former plastics factory and a former fuel depot are making for a beautiful new park," said Alexander Mirabella, chairman of the Union County Board of Chosen Freeholders.
Union County Release
Labels: National News
posted by Wade Rawlins at 9:46 AM
Proposed Roadmap of Asbestos Research
Wednesday, August 12, 2009
By Wade RawlinsA draft report, prepared by the federal agency responsible for conducting research and making recommendations to protect worker health, summarizes the current scientific understanding of asbestos and other mineral fibers and offers a roadmap to explore unresolved questions.
The reappraisal of asbestos and other mineral fibers, written by the National Institute for Occupational Safety and Health, is intended to guide the development of specific research to reduce scientific uncertainties and provide a firm foundation for future policies.
Asbestos has been a prominent public health issue for more than three decades. During the mid- to late-20th century, scientists made advances in the understanding of the serious health effects of inhaling microscopic asbestos fibers.
Yet, many questions remain, the report says. For example, due the complexity of asbestos minerals, the scientific literature contains inconsistencies about the definition of the term asbestos for health protection guidelines. And debate continues about whether to include certain non-asbestos mineral fibers under federal asbestos policies.
The results of new research can inform development of new exposure limits and policies for asbestos and other mineral fibers that are based on well-established risk estimates, NIOSH researchers say.
The report sets three goals:
- Develop better sampling and analytical methods for asbestos fibers
- Develop a clearer understanding of what makes elongated mineral particles toxic
- Develop information on workplace exposures to various elongated mineral particles and health risks associated with them.
In the 1970s, federal agencies developed regulatory standards for exposure to airborne asbestos fibers based on evidence of respiratory disease in workers. Since the standards took effect, the use of asbestos has declined substantially and mining of asbestos in the U.S. stopped in 2002. Still, many asbestos products remain in use and new products continue to be manufactured and imported.
Deaths from asbestosis, a chronic disease, increased almost 20-fold from the late 1960s, when NIOSH began tracking them, to the late 1990s, the report says. Since then, they have leveled off at about 1,500 per year in the U.S. and are expected to continue for several more decades.
Meanwhile, annual deaths from malignant mesothelioma, an aggressive cancer caused by exposure to asbestos and other mineral fibers, increased 7 percent between 1999, when the disease began being categorized separately on death certificates, and 2004, the most recent year of complete data. In 2004, 2,657 people died of mesothelioma. The disease usually appears 20 to 30 years after exposure to asbestos.
The report says that scientific studies of workers exposed to asbestos have clearly documented increased risk of respiratory diseases, including lung cancer, mesothelioma and non-malignant abnormalities involving the lining of the lung. In addition, researchers have determined that laryngeal cancer can be caused by asbestos exposure and there is evidence asbestos exposure may cause other diseases including stomach and colorectal cancers and immune disorders.
Despite the decline in use, an estimated 1.3 million employees in construction and general industry still face significant asbestos exposure on the job, the U.S. Occupational Safety and Health Administration estimates.
Over time, the nature of workplace exposures has changed. In earlier decades, workers were exposed to asbestos that was used in manufacturing processes such as in textile mills and cement pipe fabrication. Today, the primary exposure is during maintenance activities and de-contamination of buildings containing asbestos. Researchers and policymakers need better projections of the number of workers exposed to asbestos fibers now and in the future, the report says.
Workplace safety standards initially focused on six commercially used forms of asbestos mineral: chrysotile asbestos; and five amphibole varieties: amosite, crocidolite, actinolite asbestos, anthophyllite asbestos and tremolite asbestos.
As researchers learned more about the link between the dimensions of asbestos fibers and their ability to cause respiratory disease and cancer, they became more interested in other elongated mineral fibers that could be inhaled.
In 1990, NIOSH broadened its definition of airborne asbestos fibers to encompass other elongated mineral fibers, in part because the common method to test for microscopic airborne fibers could not distinguish between the various fibers.
Still, much less is known about other mineral fibers in terms of health effects. More research is needed to determine the toxicity of the elongated mineral fibers, the report says. Populations of special interest include the workers at taconite mines in Minnesota and the talc mines in upstate New York who are exposed to mineral fibers that are non-asbestos.
An ideal outcome of the draft roadmap, the researchers write, would be scientific studies that supported recommendations for exposure limits to elongated mineral fibers to protect workers’ health.
The report currently is being reviewed by The Institute of Medicine of the National Academies, the nation’s advisors on science, medicine and engineering. That is scheduled to be completed by the fall of 2009.
NIOSH Report
Labels: Featured News
posted by Wade Rawlins at 1:24 PM
Plant Worker's Family Receives $3.4 million Verdict
Monday, August 10, 2009
A California jury awarded the family of a deceased millwright a $3.4 million verdict after finding a Canadian company liable for exposing the worker to asbestos in the contaminated plant.Richard Worthley Sr., a U.S. Marine and Vietnam veteran, worked as a millwright, painter and production planner at the Johns-Manville Transite plant in Waukegan, Ill., from May 1968 to 1984, when it closed. He then moved to southern California where he held various maintenance jobs until 2004, when he was diagnosed with mesothelioma, a cancer related to asbestos exposure that eventually took his life.
Attorneys for Advocate Mines of Newfoundland, Canada, the defendant in the case, contended that the company had stopped supplying asbestos to Johns-Manville 13 months before Worthley began working there and denied liability. Advocate Mines supplied bulk asbestos to the Waukegan, Illinois plant from December 1963 to April 1967.
Worthley was exposed to dust from raw asbestos fiber used to make Transite asbestos-cement pipe, including fiber dust that had been resuspended from when Advocate Mines supplied asbestos to the plant. One of Worthley’s job was to clean and repair the manufacturing equipment, including the dust collection equipment, which exposed Worthley to asbestos.
“We demonstrated to the jury that it was the total dose of asbestos that Mr. Worthley was exposed to at the Johns-Manville plant, including resuspended asbestos fiber from Advocate Mines that contributed together to cause his mesothelioma and death,” James Nevin, attorney for Worthley, said in a statement.
By 1963, it was well established in medicine and science that asbestos caused asbestosis, lung cancer and mesothelioma, Worthley’s attorneys said. But Advocatge Mines provide asbestos fiber without any warnings to avoid injury. The San Francisco Superior Court jury, rendering the verdict in late July, assigned 5 percent of the liability to Advocate Mines for negligence, defective design and failure to warn.
News Release
Labels: National News
posted by Wade Rawlins at 12:10 PM
Iconic Tower Needs Costly Clean-up
Friday, August 7, 2009
Lehigh County, Pennsylvania will receive a $900,000 federal grant to remove asbestos from Bethlehem Steel Corp.’s former headquarters tower as part of the building’s renovation as a huge residential and retail complex. Local leaders sought financial assistance from the U.S. Environmental Protection Agency because the 21-story building has extensive asbestos contamination and removing it is projected to cost $7.4 million. Once used widely in building materials and in insulation, asbestos is toxic to humans if inhaled, causing lung cancer, mesothelioma, a rare cancer of the lining of the lungs, and other serious respiratory problems.
Lehigh County leaders told The Express-Times of Easton, Penn., that the building is an icon of the region and expressed hope that the federal aid will help expedite the redevelopment project so it can generate additional property taxes.
Labels: National News
posted by Wade Rawlins at 1:44 PM
Harrah's Las Vegas Target of $10M Asbestos Lawsuit
A former Harrah's employee claims he and his 3-year-old-son are now ill from being exposed to asbestos at the resort casino. As a result, the man is suing the Harrah’s Hotel and Casino in Las Vegas for $10 million, reports Fox 5 News in Las Vegas. The employee claims Harrah's knew about the dangers of the asbestos exposure, but failed to protect its employees. The father worked as an engineer for Harrah's and knew about the asbestos, but he needed the income and the insurance for his family.
His son is coughing, wheezing and has breathing problems thought to be from his father bringing home asbestos fibers on his clothing. Every Harrah's employee and customer was affected by asbestos when the abatement project was not completed, the man claims.
OSHA warned the hotel about the dangers of asbestos and their inspection showed several serious violations involving asbestos, including employees performing asbestos operations unprotected.
Employee Sues Harrah's for Asbestos Exposure
Labels: Asbestos, National News
posted by Nancy Meredith at 7:00 AM
Asbestos Textile Workers Face Increased Chance of Cancer, Study Says
Tuesday, August 4, 2009
By Wade RawlinsWorkers in North Carolina textiles mills that used asbestos in manufacturing are at higher risk of lung cancer and other serious illnesses, according to a new study in an international journal on environmental and workplace health. The study, by researchers at Duke University, the University of North Carolina at Chapel Hill and the University of Nevada, in the current issue of Occupational and Environmental Medicine offers further evidence that exposure to chrysotile asbestos in textile manufacturing is associated with an increased risk of lung cancer, mesothelioma and asbestosis.
Researchers tracked 5,770 workers who worked at least one day in one of four North Carolina textile plants that produced asbestos products between 1950 and 1973. They found that the workers’ mortality rate from all causes as well lung cancer and other cancers was significantly higher than expected compared to the national population. They also found that the risk of lung cancer and asbestosis increased in proportion to the estimated exposure to asbestos fibers.
Asbestos is the name of a group of fibrous minerals with long thin fibers. It is a known human carcinogen, according to the World Health Organization, and the U.S. Environmental Protection Agency, linked to lung cancer, mesothelioma and other respiratory illnesses. Its use is now highly regulated. But until the 1970s, asbestos was widely used in manufacturing, particularly for building materials, because of its properties of heat resistance and durability.
The textile plants, which were located in Charlotte, Davidson and Marshville, converted raw asbestos, imported primarily from Canada, and cotton fibers into yarn and woven materials.
There are two general types of asbestos: amphibole and chrysotile asbestos. And there is some debate among scientists about the relative toxicity of the different forms. Some studies have suggested that amphibole fibers stay in the lungs longer and may be more toxic to humans.
The researchers focused on chrysotile asbestos, which was used in these textile mills to produce yarn and other woven materials. (That’s the same form of asbestos fibers detected in samples taken from the World Trade Center site after the terrorist attacks on Sept. 11.)
The researchers findings challenge studies that suggest that chrysotile asbestos is safe for use or does not cause mesothelioma.
The researchers reported that mortality rates for lung cancer, and mesothelioma, a cancer of the lining of the lungs, were all significantly higher than expected. For lung cancer, the mortality rate increased with the length of employment, they said.
The researchers estimated textile workers exposure to asbestos fibers using work records and about 3,600 industrial hygiene measurements taken in the plants by North Carolina health department investigators between 1935 and 1986. That helped them estimate fiber concentrations in the air.
One limitation the researchers faced was that mesothelioma was not coded separately as a cause of death by the International Classification of Diseases until 1999. So textile workers who died before that wouldn’t have had that listed as a cause of death. The researchers said the mortality rates for mesothelioma and pleural cancer combined was substantially greater than expected, though imprecise because of the small number coded that way.
Exposure to asbestos usually occurs by breathing air contaminated with microscopic asbestos fibers such as in workplaces that use asbestos. The adverse health effects of the exposure often do not show up for 20 to 30 years.
In 1998, federal environmental regulators banned all new uses of asbestos; established used are still allowed. EPA regulates the release of asbestos from factories and during building demolition or renovation to prevent asbestos from getting into the environment. EPA established regulations that require school systems to inspect for damaged asbestos and to eliminate or reduce the exposure by sealing the asbestos or removing it.
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Labels: Featured News
posted by Wade Rawlins at 7:11 PM
Water Wells in Hawaii Possibly Contaminated With Asbestos
Monday, August 3, 2009
County officials on Maui told reporters this week that the Kawela water wells on Molokai have contaminants on the site, reports Maui News. Asbestos, the material linked to the deadly lung disease, mesothelioma, is one of the contaminants found on the site. One of the chain-link fences surrounding the area has been broken down and a cinder block wall was started at that site, but not completed, leaving the area a prime spot for dumping waste. Included in the trash left at the water well site is an old truck, broken pipes, hydrants, electric panels, and chunks of paving, asbestos pipe and gravel.
The hazardous site was reported to the Department of Water Supply by a resident who also made his letter to the department available to the local newspaper. Officials are investigating his allegations that poor maintenance and security are to blame for the contamination.
Asbestos Contamination in Hawaiian Water Wells posted by Nancy Meredith at 6:45 AM
Liverpool Worker Diagnosed With Mesothelioma - Sues Employer Over Asbestos Exposure
Sunday, August 2, 2009
A 60-year-old machine shop worker has sued BAE Land Systems for ₤300,000 in damages because he has been diagnosed with mesothelioma - called the industrial lung disease.The plaintiff began working at the Barrow shipyard in 1965 where he spent most of his time working in shops that had asbestos-lined roof and cladding on the walls. He then worked in constructing submarines which confined him in small spaces with other workers who mixed asbestos lagging (a type of insulation) and applied it to the walls. Even after the man was assigned to work in the office, he was frequently in the shop where he was exposed to asbestos dust.
He claims neither respiratory protection nor warnings of the danger of exposure to asbestos dust were provided to him by BAE.
The worker was diagnosed with malignant mesothelioma in January, 2008, and is now displaying gross symptoms of pain and disability.
Liverpool Worker Diagnosed With Mesothelioma
Labels: Asbestos, International News, Mesothelioma
posted by Nancy Meredith at 2:05 PM
North Carolina Community College Building Closes Due to Asbestos
The Sun Journal reports a Craven Community College building in New Bern, North Carolina, scheduled to house students on the first day of classes, has closed after asbestos was found in the old floor tile.New Bern's required testing for a permit needed for renovation of buildings uncovered the asbestos. Asbestos was used in construction materials especially in fireproofing, insulation, acoustical materials, and in floor tiles.
Ten full time employees were in the building during the renovations, but testing shows their exposure was minimal. Health problems from asbestos exposure include lung diseases, mesothelioma, and asbestosis, and typically take years to develop.
College employees have been moved out of the building until the building has been professionally cleaned, the asbestos removed, and renovation complete.
The college hopes the building will reopen on or before September 1, 2009.
Asbestos Found in College Building
Labels: Asbestos, Mesothelioma, News
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