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Vermont is home to 22 known asbestos deposits, including three former asbestos mines. In fact, Vermont was the location of the first commercial asbestos mine in the U.S. Asbestos was first discovered on Belvidere Mountain by Eden and Lowell, Vermont in 1823. Two mines had opened on the mountain before the 19th century. These mines continued operations until 1993, even after the dangers of asbestos were publicly recognized.
These mines were a major source of asbestos exposure. Workers who mined, transported or processed asbestos could have breathed in deadly asbestos fibers. The area is still suspected of being present around the area of the mines, which can put those in the surrounding communities at risk for exposure.
A mine in Windsor, Vermont has also been linked to asbestos exposure. Conglomerate Johnson & Johnson was subject to one of the largest asbestos verdicts in history after women reported that they suffered ovarian cancer after using the company’s baby powder products that contained talc that was alleged to be contaminated with asbestos. The Windsor mine was a major supplier to the company.
Vermont also received asbestos-contaminated vermiculite from the notorious Libby, Montana that was sent to a Morrisville processing plant. Vermont power plant workers are also at an increased risk of asbestos exposure because asbestos was often used to insulate pipes, generators and boilers. Power plant workers and especially those that worked directly with these components may have been exposed to asbestos. Asbestos was also used in many other applications like building materials and in various sites like hospitals and schools.
Vermont Mesothelioma Diagnoses
Vermont ranks 40th in the nation for the number of mesothelioma and asbestosis incidents. There were at least 80 Virginia residents who were diagnosed with mesothelioma between 1999 and 2015. Despite the lower than average diagnoses rates, Vermont has a mesothelioma incident rate that is slightly higher than national average with a rate of approximately 9 people per million a year. Chittenden and Windsor Counties have the highest asbestos-related diagnoses in the state. Between 1999 and 2013, more than 40 Virginia residents were diagnosed with asbestosis and over 344 were diagnosed with non-mesothelioma lung cancer. Most people diagnosed with mesothelioma in Vermont are located in one of the following cities: Burlington, Bennington, Montpelier, Rutland, Bellow Falls, Essex, or Brattleboro.
Vermont Asbestos Laws
Vermont’s rules regarding the time limit for filing a claim and what the plaintiff must prove in order to receive compensation can directly impact the potential success of a mesothelioma lawsuit. It is important for claimants to understand these rules.
Statute of Limitations
The statute of limitations is the time limit that a plaintiff has to file a cause of action. If this time limit passes, a person can be barred from bringing the case. For asbestos cases, Vermont has a three-year statute of limitations. This requires a person inflicted with mesothelioma or another asbestos-related disease to file a lawsuit for damages within three years of the diagnosis. If asbestos exposure resulted in death, the family has two years from the date of death to file a wrongful death action.
Court Exposure Standard
Most asbestos cases are brought on the state level. Each state establishes different criteria for what a person must prove in order to establish his or her case in a civil matter. In Vermont, a plaintiff must be able to establish the causal link between the defendant’s product and the development of mesothelioma or another asbestos-related condition. The plaintiff must present evidence showing that the defendant’s particular product was responsible for causing asbestos exposure that resulted in mesothelioma. Additionally, the plaintiff must show that the defendant was aware of the dangers of asbestos, had a duty to warn individuals of the dangers of asbestos exposure and failed to warn them.
Vermont Asbestos Regulations and Regulatory Agencies
On the state level, the primary regulatory agency regarding asbestos laws is the Vermont Department of Health. Contractors must follow specific rules related to asbestos. A state-certified inspector must complete an asbestos assessment to determine if there are any asbestos-containing materials before demolishing or renovating a facility. No demolition or renovation can occur until the facility owner has this assessment completed. If there is no asbestos-containing material found, the Department of Health must be notified at least 10 working days before demolishing the property. However, if asbestos-containing materials are found, the property owner must complete specific steps set out by state law.
A licensed asbestos abatement entity must notify the Department of Health at least 10 working days before commencing the abatement and secure a permit from the department. The asbestos-containing material must be removed before renovating or demolishing the property. Small scale short duration activities are monitored under Vermont law. These activities include any asbestos abatement involving 10 linear feet of asbestos-containing materials located on pipes or 10 square feet of asbestos-containing materials from any surface within the abatement area within a facility. Only trained and certified individuals can perform this work. After the work is completed, the department must receive notification of this within 48 hours of completion.
Homeowners are exempt from the requirement to have an asbestos contractor license or receiving a permit to remove asbestos. However, they are still subject to rules regarding the safe disposal of asbestos-containing materials. These rules require that a certified contractor pick up and deliver the waste and label the waste appropriately.
Virginia law defines asbestos as: “The asbestiform varieties of serpentine (chrysotile), riebeckite (crocidolite), cummingtonite -grunerite (amosite), anthophyllite, actinolite and tremolite.” Asbestos-containing material is defined as: “Material that contains any type of asbestos in an amount greater than I o/o by weight or area either alone or mixed with other fibrous or non-fibrous materials.”
Additionally, the Vermont Occupational Safety and Health Administration regulates asbestos exposure in the workplace.
Vermont Asbestos Site Exposure List
Significant industries like mining and power plants may have exposed Vermont workers to dangerous levels of asbestos. Additionally, this material was a common supply in hospitals, schools and public buildings. It was also used in military operations and ships. Some of the possible sites that used asbestos and may have exposed workers to asbestos include the following:
- Ruberoid – Eden, Lowell
- New England Asbestos Mining and Milling – Eden, Lowell
- Vermont Asbestos Group – Eden, Lowell
- Johnson & Johnson – Windsor
- Belvidere Mountain Mine – Eden, Lowell
- Vermont Electric Power Company Inc. – Rutland
- Vermont Yankee Power Plant – Vernon
- Barre Light and Power Company – Barre
- Corry Deavitt Frost Electric Company – Montpelier
- Consolidated Light and Power Company – Montpelier
- Albans Electric Light and Power Company – Milton
- Green Mountain Paper – Bellows Falls
- White Mountain Paper Company – Bellows Falls
- Black Cat Textiles – Bennington
- University of Vermont – Burlington
- Union Elementary – Montpelier
- Main Street Middle School – Montpelier
- Montpelier High School – Montpelier
Vermont Asbestos Trust Funds
Many asbestos companies faced daunting liability once consumers became aware that mesothelioma was caused by asbestos exposure. Inflicted individuals often filed lawsuits against asbestos companies and companies that used this dangerous substance in their products or workplace. Often, these companies faced hundreds or thousands of lawsuits at a time. Many of them filed bankruptcy. Some of the companies that filed bankruptcy later formed asbestos trusts that were responsible for handling claims for people alleging damages caused by these dangerous products. When an asbestos trust is available, a claimant may be able to receive compensation from the trust without having to go through the entire process of litigation.
In Vermont, one company headquartered in Rutland established a trust of this nature. Rutland Fire Clay manufactured stove and home maintenance products. Some of them contained asbestos. The company declared bankruptcy in 1999 after facing many lawsuits. It reorganized in 2000 and established the Rutland Fire Clay Company Asbestos Trust at that time. The trust had estimated funds of $8 million, but it is no longer considered active. A mesothelioma lawyer can explain whether you may have a viable claim against another asbestos trust based on your occupational and living history.
Vermont Mesothelioma and Asbestos Lawsuits
Many asbestos lawsuits in Vermont do not end up in trial. They may be resolved through settlement in which plaintiffs may not be able to disclose the amount of settlements because of confidentiality agreements. However, there have been some asbestos-related lawsuits filed in the public news such as:
The Vermont attorney general filed a lawsuit against the Vermont Asbestos Group in 2008 regarding the cleanup of the former asbestos mine owned by the Vermont Asbestos Group. After stopping operations, the company left behind 30 tons of asbestos debris. The state estimated it would cost $200 million to clean the area properly. After five years of litigation, the parties entered into a settlement agreement that required the mine owner to assist in cleanup costs of more than $3.5 million to ensure the area was cleaned properly. It is also responsible for paying the state $50,000 for ten years to help compensate for erosion management at the site.
The Montpelier school district delayed its first school day in 2008 due to asbestos concerns. It sued an area flooring company because proper removal of asbestos-containing materials did not happen.
There are also several cases in Vermont in which contractors have not followed asbestos removal requirements and have been forced to pay significant fines due to these violations.
Vermont Mesothelioma Law Firms
Due to the lower rate of mesothelioma diagnosis in the state, most personal injury lawyers in Vermont do not specialize in mesothelioma cases. However, our law firm actively provides legal representation to individuals diagnosed with mesothelioma. Contact us today.
