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Wednesday, April 22, 2009

Asbestos Lawsuit Against New York City

In Queens there is a special-needs school that was purchased by the city’s Education Department in August, 2008. The Department had previously leased it from Temple Beth-El. For ten years, the Department received complaints about an annex which has lead paint in the rooms, along with asbestos and mold.

For ten years, government officials did nothing. The school is for students suffering from autism and emotional disorders and has classes for kindergarten through fifth grade. Now fifty-one of the students and staff at the school have filed a lawsuit against New York City for $500 million.

The gym teacher, one Garry Patrylo, who has taught at the school since 2001, is quoted as saying: “[The city government] had full knowledge of the condition of the building ... and yet they didn't do anything about it. Although some may try to pretend as if this did not happen over the past 10 years, we have not forgotten."

The plaintiffs’ attorney, Ralph DeSimone, has said he will seek a court order for independent testing of the school buildings, something that he states the Education Department has so far not allowed. He is also seeking medical monitoring for the school’s staff and students.

The school’s children have sustained direct harm to their health. DeSimone sees the situation as illustrating “a range of educational practices that discriminate against developmentally challenged children …”

In the summer of 2008, the annex was closed for two weeks for crews to come in and correct some of the hazardous conditions. When it reopened in the fall, city officials promised more funding to pay for further repairs and cleanup. But plaintiffs regard this as too little and too late.

Asbestos Health Dangers
Asbestos fibers become airborne easily and can be breathed in. Being microscopically tiny, they become stuck in the lungs and over time, cause irritation which eventually develops into mesothelioma or asbestosis.

The body is unable to dislodge these fibers because of one of the properties of asbestos -- resistance to chemical change. The body’s blood cells which would normally remove foreign bodies cannot do their job with asbestos fibers and die in the struggle.

If you have been exposed to asbestos and have now been diagnosed with mesothelioma or asbestosis, please contact our personal injury attorneys to learn more about your legal rights and options.

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posted by Benjamin A. Irwin at 3:26 PM

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