We Offer Free Initial Consultation in Cases of:

Fighting big insurance companies by yourself is like playing against a stacked deck, let me level the playing field for you.

Cincinnati Personal Injury Lawyer Blog

Information regarding personal injury claims from a Cincinnati personal injury and accident lawyer focusing on Ohio law

Monday, April 20, 2009

Another Example Of Why We Need Personal Injury Trial Attorneys

Personal Injury Attorney Battles Babcox and Wilcox Up until Two Days Before His Death

Attorney Fred Baron literally fought Babcock and Wilcox up to two days before he died of cancer. He literally fought with all his heart and life to right a giant wrong.

As a result Babcock & Wilcox has settled a 14-year-long lawsuit for $52.5 million for personal injury, wrongful death and property damage to 365 claimants from the Apollo and Parks area.

U.S. District Court Judge Donetta Ambrose, chief judge for the Western District of Pennsylvania, approved the settlement Friday.
The plaintiffs alleged that airborne radioactive emissions from the B&W plants in Apollo and/or Parks, caused cancer, deaths and other illness, as well as property damage.

The properties formerly were owned by Atlantic Richfield Co. and the Nuclear Materials and Equipment Corp. (NUMEC).
The companies operated the two plants in Armstrong County from 1957-86, producing nuclear fuel to power submarines and nuclear reactors, and other nuclear products.

B&W long has maintained that operations from its facilities in Armstrong County did not cause cancer, other illnesses and property damage.
The plaintiffs, though, have alleged the company and its predecessors ran sloppy operations and that its plant released radioactive emissions exceeding federal limits.

Because it was one of the longest running cases in the U.S. District Court of Western Pennsylvania, many of the plaintiffs and their lead attorney, Fred Baron, died while waiting for the case to conclude.
More than 40 percent of the 365 plaintiffs are the estates of people who died before and after the lawsuit was filed.

Paty Ameno, Leechburg environmental activist and plaintiff who contacted Baron to take on the case, was somber when speaking briefly yesterday about the settlement.

"It makes me feel sad that a lot of people who started out are not here -- including my champion and hero Fred Baron," Ameno said. "Fred literally fought on his death bed to make sure that the plaintiffs saw an end to this case."

Baron died of cancer in October. His Dallas firm, Baron and Blue -- which he shared with his wife, Lisa Blue — continued to work on the case.
Ameno yesterday declined to speak on specifics of the case, deferring to her attorneys at Baron and Blue.
Baron told the Valley News Dispatch in July 2007: "The case will never be dropped as long as I'm alive."

He took on the case for Apollo-area residents on a contingency basis. He won a landmark decision in federal court that awarded eight of the 200 plaintiffs $36.7 million in 1998.

Judge Ambrose, however, threw out the verdict and granted a new trail, citing errors in the admission of evidence.
Complicating matters, B&W declared bankruptcy, and the case was put on hold.

After the company emerged from bankruptcy, negotiations continued. Ambrose ordered two trials to examine whether uranium and plutonium caused cancer before there was a third trial addressing the plaintiffs' claims.

The additional trials ordered in 2007 likely would make the legal proceeding last for years to come, Baron said at that time.
After much negotiation, Baron hammered out a settlement with B&W co-defendant Atlantic Richfield for $27.5 million in February 2008.
According to those close to the case, Baron worked on the Apollo lawsuit up until two days before his death.

A court-appointed mediator for the settlement, the Honorable Daniel Weinstein, a retired San Francisco Superior Court judge, characterized the settlement reached Friday as resolving "a substantial litigation risk for very reasonable amounts."

Fred Baron was a hero to Ambrose residents. Although he ddi not live to see the final reult it would have not been possible without him.

Anthony Castelli is a Cincinnati Personal Injury trial Attorney Contact Anthony for a free consultation about your case 621-2345

posted by Anthony Castelli at 6:21 AM

Previous Posts

Cincinnati Personal Injury Lawyer Blog

Monday, April 20, 2009

Another Example Of Why We Need Personal Injury Trial Attorneys

0 Comments: