The push to eradicate the potentially deadly fibrous substance, known as asbestos, may be nothing new to folks who were around in 1970s and 80s. But while the usage of the naturally occurring mineral group was effectively prohibited in new construction by the EPA in 1978, the ban was only partial.
Illegal applications of asbestos continued years later, as the airborne carcinogen continues to be found in both residential and commercial structures, and even in large sea vessels.
One of the steadfast voices in cautioning the public about the resilience of asbestos in exposed victims is Mount Pleasant-based attorney James W. Ledlie of the Motley Rice law firm.
During his several public speaking engagements at legal and medical conferences, Ledlie has detailed the latency period between one's initial asbestos exposure and a cancer diagnosis.
Asbestos-related concerns, according to the local litigator, like mesothelioma, are that a person doesn't develop those diseases — which can also include larynx and ovarian cancers — until decades after being in the presence of the widely-used material that can still be located in boilers, floor tiles, cement pipes, paper goods, roofing products, sealants/coatings and textiles.
"And so, we still have people who are coming down with this terrible illness every year in South Carolina, and people need to be aware that there are still asbestos products out there in the world," Ledlie recently told the Moultrie News.
In addition to advocating for a heightened vigilance of the toxic component, the South Carolina-born U.S. Army Veteran also continues to represent people who are contracting an assortment asbestos-related conditions. By filing lawsuits on their behalf, Ledlie and his Motley Rice colleagues are seeking recovery, as well as holding responsible parties (developers, construction firms, product manufacturers, et. al.) liable.
"On the advocacy front, we work with organizations that promote greater awareness and greater precautions," continued Ledlie, who went on to outline the litigation end of his endeavors.
"You do have to investigate the facts of each case. There could be multiple people that play a role in it. And we, through our efforts, do the legwork ... It could be an employer that allows unsafe conditions. It's not just the industrial setting and that's another thing that I think people don't realize. You have people that have been exposed to automatic brakes containing asbestos in their own home. They themselves are doing the work, but not realizing that we have a lot of litigation right now involving cosmetic products, which wasn't labeled as an asbestos-containing product. But the powder itself was contaminated with asbestos and it ended up in the consumer product."
On that note, the list of businesses and occupations with a decades' long track record of exposure to asbestos is extensive given that the enduring material has been in use since the early 1900s.
Most recently, it was revealed that a host of contaminants were identified on the USS Yorktown. A remediation investigation of the Patriots Point-based aircraft carrier, as previously reported by the Post and Courier, resulted in the extraction of 568,000 gallons of oily water, the removal of 8.88 tons of sludge and mud, along with the expulsion of 4.5 tons of asbestos waste.
Progress has been made, noted Ledlie, with measures taken by the EPA to ban the import of chrysotile asbestos, also known as white asbestos, which is the most common form of the substance, accounting for 95 percent of the phyllosilicates subgroup found in the United States.
The physical properties of this white asbestos — while reportedly optimal for incorporating into building materials — can pose significant health risks upon being dispersed in the air and inhaled by individuals in its vicinity.
"We all have likely some exposure to asbestos. That doesn't mean that we're all going to develop asbestos-related cancer. If you know that you've had an asbestos exposure, that's the kind of thing that you would want to let your doctor know so they could take that into account when monitoring your health," advised the University of South Carolina law school grad, who's licensed in D.C., New York and West Virginia, as well as the Palmetto State.
In terms of how prospective home owners should proceed in shopping for a new residence, Summerville-based realtor Sherry Swift maintained that if the property in question was built prior to 1978, the first item to examine is the ceiling. She specifically referenced popcorn or stipple ceilings that were once prevalent in residential construction. Popcorn ceilings, she noted, typically feature spray-on or paint-on treatments that could contain imbedded particles of asbestos.
Similarly, traditional pink insulation is another area where asbestos will often reside in older structures.
"Don't disturb the ceiling," Swift recommended. "Unless you're going to professionally do it, don't disturb it because you're going to make it all airborne. So, if you are going to test it ... you don't start scraping the ceiling to see if it's there."
The same concept, she added, applies to mold, as homeowners who proactively attempt to clean it themselves can just make matters worse by dispersing it and potentially breathing it in.
Upon selling their pre-1978 home, the seller, according to Swift, would be legally required to provide the purchaser with a disclosure document containing information about both asbestos and any lead-based paint that may lurk in the interior.
As for homeowners who may just be learning of the presence of asbestos in their dwelling and may not be familiar with the steps or cost involved with clearing it out, Ledlie suggested that there are some useful government resources available to help guide them through the process, such as www.cpsc.gov.
For legal advice on an asbestos-related health matter, contact Motley Rice LLC at 1-800-768-4026 or visit www.motleyrice.com.
