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Asbestos in Ohio Schools

investigating asbestos exposure & mesothelioma lung cancer claims

The state Environmental Protection Agency and other federal agencies have warned the public about the dangers of asbestos in Ohio schools for decades. Although more than 50 countries have made the use of asbestos illegal, it is still legal in the United States to expose consumers, students and school workers to dangerous products.

However, Ohio school districts and employers still have a responsibility to warn employees and students if there is a potential threat of toxic exposure. The responsible parties also have a duty to properly and safely manage harmful materials when they are present. Any person who has been harmed in or around a school may seek legal action and rightly seek compensation for any asbestos-related illness.

Around half of all schools in the United States were built between 1950 and 1970, a time when asbestos was commonly used in construction materials like roofing, siding, insulation, soundproofing, floor tiles and ceiling tiles. Much of the asbestos that was installed in school buildings remains to this day. Consumer safety advocates and toxic tort attorneys have expressed concern over school building asbestos exposure, and the cancer risks that may exist at the workplace for many teachers and school staff. As time goes on, the asbestos materials naturally break down, and may present a serious cancer risk for those in some school buildings. According to the U.S. Environmental Protection Agency (EPA), undisturbed asbestos materials generally do not pose a health risk.

But when toxic materials are disturbed during maintenance operations or renovations, student and teachers may be exposed to school asbestos materials. Students and school employees in Ohio may be exposed to serious health risks from remaining asbestos in schools and colleges across the state. Asbestos in Ohio schools can cause cancer and other serious illnesses when inhaled, and it remains widespread in many schools.

If a school building was constructed before the 1980s, there is a good chance that it contains some amount of asbestos. Roughly 50 percent of all schools in the U.S. were built in the 1950s and 1960s, when asbestos materials were used as a matter of common practice. The U.S. Environmental Protection Agency (EPA) estimates that many of the 132,000 primary and secondary schools house asbestos-containing materials. These schools currently serve as a place of study for more than 55 million students, and as the workplaces for more than 7 million teachers and education staff.

The current policy of most Ohio school districts is to manage asbestos materials, and not to remove it, so the potential for harmful exposures will remain an issue now and in the future.

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ABOUT THE LYON FIRM

Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.

The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.

NO COST UNLESS WE WIN

The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.

Ohio School Asbestos Hazards

The EPA recommends schools leave asbestos materials in place. However, when Maintenance Crews are not educated on the hazards of disturbance, or other unforeseen exposures occur, asbestos in schools can cause serious health issues.

When maintenance or renovation projects disturb asbestos-containing materials, or when the materials naturally deteriorate over time, asbestos dust can enter the air. Exposure to the fibers puts teachers, students and staff at increased risk for developing serious lung conditions, including asbestosis, pulmonary fibrosis, mesothelioma and lung cancer.

According to the U.S. Occupational Safety and Health Administration (OSHA), there’s no safe level of asbestos exposure. Even brief exposure can cause serious illness.

Asbestos materials were used for their superior durability and fire-resistant properties, but they will eventually deteriorate and breathable asbestos fibers release into the air and can be inhaled by school building occupants. Thus many of Ohio schools must be inspected for asbestos risks, as well as mold and lead paint.

Students and teachers can be at an elevated lung cancer risk if they work or learn in a school environment contaminated with toxins. Young, developing students may be at a higher risk, and cancer cases have been documented by toxicologists.

Students and teachers who have been exposed to asbestos should see their doctor right away, as even brief, acute exposures to asbestos could lead to asbestos-related conditions like asbestosis, lung cancer, pulmonary fibrosis and mesothelioma.

Asbestos in Ohio Universities

Ohio Universities, and schools around the nation have been the subject of asbestos abatement projects, and renovations that disturb toxic asbestos fibers that have the potential to cause serious damage to students, teachers, staff and maintenance crews. Some high-profile university lawsuits involving asbestos include Harvard University, which discovered asbestos in student housing in 2016.

The University of Maryland found 90 buildings contaminated with asbestos materials, and Temple University found a number of floor tiles that contained asbestos. The University of Montana has also found asbestos in school buildings.

Students and university employees in Ohio may be at risk of developing serious health issues from remaining asbestos in college campus buildings across the state. A few of the notable Ohio universities that have faced scrutiny and legal action include the University of Cincinnati, Kent State University and Akron University.

Asbestos may cause asbestosis, lung cancer, mesothelioma, and other serious illnesses when inhaled, and it remains throughout many university buildings. If a campus building was constructed before the 1980s, it is probable that it contains some amount of asbestos, due to the prevalence of university asbestos use.

The U.S. Environmental Protection Agency (EPA) estimates that millions of students, and thousands of teachers and university staff are still regularly in close contact with asbestos.

Universities now regularly have asbestos management sections written into student and employee handbooks. Because the majority of buildings on campus are full of asbestos, schools have adopted policies of coexisting with the toxic materials rather than try the difficult task of removing and disturbing asbestos.

The current policy at the University of Cincinnati, Akron and Kent State is to manage asbestos and not to remove it, makes harmful exposures possible and remains a serious health concern.

The health concerns are not exaggerated, as exposure to asbestos for short or extended periods of time may cause irreversible health damage, leading to lung cancer, mesothelioma and other dangerous pulmonary conditions. The U.S. Occupational Safety and Health Administration (OSHA) warns that there is no safe level of asbestos exposure.

asbestos in schools

Recently, Sonoma State University was ordered to pay $2.9 million in fines by a state court over the mishandling of asbestos at one of its office buildings. One employee of the school was awarded $387,000 for mental suffering, emotional distress, and lost compensation.

Often the removal of all asbestos on campus is impossible; however, Ohio universities have a responsibility to warn employees and students if there is a potential threat of exposure. Any student or employee of Kent State, Akron or the University of Cincinnati harmed on campus may seek legal action and rightful compensation for any asbestos-related illness.

There are thousands of pending asbestos and mesothelioma lawsuits across the country, and new asbestos-related cancer cases diagnosed each year.

Asbestos-Related Disease Symptoms

The symptoms of lung cancer and mesothelioma can vary depending on where the cancer occurs. Most commonly, lung cancer, mesothelioma, pulmonary fibrosis and other related asbestos disease will affect the tissue that surrounds the lungs, causing serious discomfort and symptoms that may include:

•    Chest pain under the rib cage
•    Painful coughing
•    Shortness of breath
•    Lumps of tissue under the skin on abdomen
•    Abdominal pain
•    Abdominal swelling
•    Unexplained weight loss

It is important to note that related cancers and diseases may have a long latency period, and may not present themselves until decades after exposure.

Teaching Health Risks

By some estimates, around 15,000 Americans die every year from asbestos-related illness. Because of the large number of school buildings still wrapped in asbestos-containing products, teachers are among the occupations most likely to be exposed to asbestos at the workplace.

According to recent data from the National Center for Health Statistics (NCHS), the education industry ranked second for mesothelioma deaths. A study by the National Institute for Occupational Safety and Health found that elementary school teachers were more than twice as likely as the average American to die of mesothelioma or lung cancer, caused by asbestos exposure.

Young Students at Higher Risk

In 2013, a report from the U.K.’s Committee on Carcinogenicity (COC) concluded that a five-year-old child’s risk of developing mesothelioma is roughly five times greater than that of a 30-year-old adult—childhood exposure gives the slow-growing disease more time to develop. Which makes asbestos in schools significantly more dangerous for children.

The report was based on several factors including the fact that children have different lung structures than adults, which may be more susceptible to toxins like asbestos fibers. Children are also much more likely to be exposed to floor dust or asbestos in school supplies.

The report states: “All forms of asbestos are carcinogenic to humans, causing mesothelioma and cancer of the lung, larynx, and ovary. From an epidemiological perspective, there is good evidence that childhood exposure to asbestos can cause mesothelioma in late life.”

If you or a loved one has worked in a school building with asbestos and have been diagnosed with lung cancer, pulmonary fibrosis, adenocarcinoma, mesothelioma of another lung disease, contact The Lyon Firm for a free consultation.

Experts Still Find Asbestos In Ohio Schools

The Environmental Protection Agency estimates that there are asbestos-containing materials in the majority of the nation’s schools. Asbestos was commonly used in the materials used to construct schools in Ohio, which means children may be exposed anywhere on the premises, included in classrooms, cafeterias, hallways and gymnasiums.

In 2013, inspectors found damaged asbestos that needed repair or removal in more than 600 locations at more than 180 schools in Chicago.

In 2014, families and teaching staff at several California school districts were seriously concerned when contractors removed asbestos materials unsafely earlier that year. The school districts reportedly failed to warn parents and teachers about the project, and also failed to use proper preventative measures to prevent exposure. The schools and its contractors violated EPA regulations and put teachers and students at risk.

The families of students who attended these schools filed a lawsuit against the district, claiming officials and contractors failed to protect their children from hazardous conditions.

Where is Asbestos Found in Schools?

Knowing how to spot these toxic materials can be very difficult. Asbestos can appear as a “fluffy” substance. For example, the white substance found above a dropped ceiling may be a type of spray-applied asbestos; it can be grey, yellow, white, blue, brown or green.

So, unless a product is clearly labeled, there’s no way to tell if it contains asbestos. Deteriorated areas around Ohio schools may be the most obvious asbestos hazards, particularly in the following locations:

•    Cement pipes
•    Corrugated paper pipe wrap
•    Decorative insulation
•    Pipe and boiler insulation
•    Spray-applied fireproofing
•    Damaged wallboard, patching, drywall or plaster
•    Worn soundproofing material
•    Crumbling floor tiles or ceiling panels
•    Old heating and air-conditioning equipment
•    Chipped paint
•    Vinyl tiles and vinyl sheet flooring
•    Caulk and construction glues
•    Joint compounds and textured paints
•    Ceiling tiles
•    Furnace and stove insulation
•    Door seals in furnaces
•    Vermiculite insulation
•    Roofing, shingles, and siding
•    Roofing felt paper

University of Cincinnati Asbestos

The buildings at the University of Cincinnati (UC) are among school buildings in Ohio with high levels of asbestos. In 2011, during renovations, air quality samples indicated the level of asbestos in the buildings was “unsatisfactory.”
At the time, a UC Spokesperson said asbestos materials were exposed as crews performed demolition work in the lower level of the building. He added that “most buildings” on campus had some asbestos in them.

Dr. Larry Holditch, the Medical Director for the Cincinnati Health Department, said in response that it’s dangerous when asbestos is disturbed. He added that the exposure could pose two serious health problems: respiratory difficulties and mesothelioma.

Cincinnati School Asbestos

The following schools in the Cincinnati, Ohio area may have dangerous levels of asbestos-containing materials in their current buildings:

•    Hughes High School
•    Mount Saint Joseph College
•    Pleasant Run School
•    Our Lady of Cincinnati College
•    Raymond Walters College
•    St. Bernard School
•    Forest Hills School
•    Withrow High School
•    Winton Forest High School
•    Walnut Hills High School

Asbestos Hazard Emergency Response Act

By Ohio law, all public and non-profit private primary and secondary schools must be inspected for asbestos every three years, and asbestos management plans are required. The Asbestos Hazard Emergency Response Act (AHERA) is now in place to help school authorities account for asbestos containing materials properly.

The Asbestos Hazard Emergency Response Act (AHERA), passed in 1986, requires public school districts and non-profit private schools to inspect schools to reduce toxic hazards from any asbestos in Ohio schools. If asbestos is found in buildings, a plan is meant to provide some options on how to deal with it.

The materials can be removed, or sealed. Undamaged asbestos usually poses few health risk to teachers and students, but the condition of the materials can change quickly. If the asbestos materials are in good condition, schools will generally elect not to disturb them. Maintenance staff will often be tasked with repairing damaged pipes, tiles or flooring covered in asbestos insulation.

photo of attorney Joe Lyon reviewinsg asbestos in schools
A Voice for Those who have suffered

Why are these cases important?

Many experience asbestos exposure through the workplace. Workplaces may have been filled with toxic materials, and employers may have failed to warn of the serious health risks of the job. Filing a suit helps to raise the awareness of job safety.

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Questions about Asbestos in Ohio Schools

What is Asbestos?

Asbestos is a naturally occurring mineral that was first utilized in the early 1900s for its insulating abilities, fireproof properties, and versatility. It has been estimated that over 30 million tons of asbestos was used in the American economy in industrial yards, homes, schools, shipyards, and other workplaces.

The natural breakdown of asbestos products and subsequent sawing or cutting of the asbestos creates dust and fibers that are inhaled and can lead to mesothelioma and other severe forms of lung cancer.

Why is Asbestos Toxic?

When asbestos breaks down over time or with use, the fibers of the material can become airborne, presenting a risk of inhaling or ingesting the toxin. Asbestos is a cancer-causing agent, and those heavily exposed can develop scarring in the lungs and later develop lug cancer and mesothelioma.

What Materials Contain Asbestos?

Asbestos was widely used in piping, insulation, electrical components, machine parts, packaging, flooring, ceiling tiles, roofing, and in many building materials.

Can I File a Mesothelioma Lawsuit?

If you were exposed to asbestos at your workplace, and have developed cancer or a related illness, you are likely to qualify for compensation.

Why Did Companies Use Asbestos?

Asbestos was cheap, durable, fire-resistant and light, and was though to be the perfect insulating material before research showed it was extremely hazardous tot he health.

Is it hard to win an asbestos case?

The success rates of settlements regarding asbestos exposure injury are quite high. It may be necessary to prove that occupational exposure is the primary cause of lung cancer or mesothelioma, though this is the job of The Lyon Firm, and we have experience in reaching large mesothelioma settlements.

Your Right to School Safety

Asbestos Statute of Limitations

Asbestos can be found in homes built before 1980, construction sites, factories and in many military instillations. According to the National Institute for Occupational Health and Safety (NIOHS), there are 75 different jobs that can expose workers to asbestos, with those jobs primarily involving construction and manufacturing. Approximately 107,000 workers are affected by asbestos each year. 

Mesothelioma is a serious illness that has been linked to asbestos exposure in medical literature. It is estimated that there will be thousands of new cases after 2020 due to the latency period of 20-50 years after being first exposed to asbestos.

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