Widow of Poisoned Worker Misses Two Year Window

Sandra Cooper, the widow of a worker who was poisoned following the clean up of a hazardous chemical spill, missed her legal deadline on a lawsuit accusing Armstrong World Industries plant of fraud and recklessness.

It didn’t take long for Sandra to realize that something was wrong with her husband’s health following the clean-up of the chemical spill. Immediately following the almost week long clean-up process, Mr. Cooper came home with eyes watering and uncontrollable coughing. Within months, he was having difficulty remembering his work schedule, recalling people’s names, and identifying individuals. 

Less than a year later, Armstrong placed Mr. Cooper on disability. Two years after, he was ruled to be incapacitated and was placed in an assisted living facility. In late 2007, Mr. Cooper was diagnosed with work-related encephalopathy which resulted in his dementia. In 2012 a worker’s compensation claim was granted on the grounds that Gene Cooper’s condition was due to chronic solvent and chemical exposure while working at the Armstrong plant. 

Sandra appealed to the Superior Court, after her case was dismissed on the statute of limitations grounds. This was due to the fact that Sandra’s suit had been filed in 2013, which was 10 months after her two-year deadline for suing the firm expired. 

Sandra claims that the delay in her suit was due to information on her husband’s chemical exposure being lost or destroyed by Armstrong during a move to a new facility. However, in 2011, Sandra learned from a fellow worker of her husband that the records would still be in Armstrong’s computer system. 

Gene Cooper died in early 2014, at the age of 58. This was following his wife’s law suit on the grounds of fraud, conspiracy, and recklessness. After her husband’s death, Sandra filed another suit containing a wrongful death claim. 

In backing the decision to dismiss the earlier fraud/recklessness case, President Judge Susan Peikes Gantman rejected Sandra Cooper’s claims that the concealment of documents delayed her ability to sue. Between 2005 and 2010, multiple doctors informed Sandra that her husband’s condition was a work related illness. Mrs. Cooper also knew about the concealment of records by 2010, but had not filed her suit until 2013. 

The conclusion was that Sandra Cooper's two-year statute of limitations to sue Armstrong stretched from 2010 to November of 2012. She missed her window by 10 months.

Asbestos at Madison Square Garden!

Asbestos Concerns at Madison Square Garden
Dangers Lurk Throughout NYC

In a city like metropolitan New York, there are many old buildings that were constructed or remodeled when asbestos was commonly used as insulation for pipes, in heating systems, in floor and ceiling tiles and for other purposes.
A Madison Square Garden announcement earlier this week is a reminder that at-risk buildings are everywhere in NYC. Even the world’s most famous arena is not immune.
Asbestos Debris Cancels Knicks Game
Madison Square Garden reported, “During overnight maintenance of Madison Square Garden, which included cleaning asbestos-related materials in the attic above the ceiling, some debris fell into the Arena.”
Out of an abundance of caution, and after consulting with the NBA, we are postponing tonight’s Knicks v. Magic game. We will be working with the city and independent experts, ATC Associates and GCI Environmental Advisory, to evaluate and determine the most appropriate course of action. As the safety of our customers and employees are our top priority, we will not reopen the Garden until we are absolutely assured the Arena is safe.”

Asbestos Victims Surface Decades Later
Since the 1930’s and 1940’s unsuspecting workers in many occupations used products made of asbestos. As workers inhaled asbestos fibers, the particles scarred lungs and in some cases, eventually caused a form of lung cancer, known as mesothelioma.
Make no mistake —Asbestos is Dangerous
Although doctors use radiation and chemotherapy to treat mesothelioma, there is no cure. If you or a loved one is fighting a battle with mesothelioma, you will have enormous medical expenses and have a right to hold liable parties responsible.

Rudolph F.X. Migliore, P.C. and our associates have a proven track record of recovering compensation for clients with asbestos related diseases, including asbestosis and mesothelioma. Over the years, the firm has handled over 1,200 asbestos-related cases, including multi-million dollar verdicts. The firm also handles Fosamax, Depuy, Accutane injury-related cases.
Call an Experienced Asbestos Attorney - Arrange a Free Case Evaluation
If you or someone you love has been diagnosed with mesothelioma, asbestos, pleural thickening or pleural mesothelioma, call our Commack, New York law firm at (631) 543-3663.