Settlement in Smithsonian Asbestos Exposure Lawsuit: Former Exhibit Specialist Diagnosed with Asbestos Disease to Receive Compensation

Former Smithsonian employee settles whistleblower case alleging the museum did not properly advise employees of asbestos hazards that caused his eventual diagnosis of asbestos disease. Exposure to asbestos is known to cause serious illnesses including mesothelioma cancer, asbestos-related lung cancer and asbestosis.

On December 10, 2009, The Washington Post reported on the outcome of a lawsuit filed on behalf of Richard Pullman, a former exhibit installation specialist at the Smithsonian Institution. Pullman worked at the Smithsonian for over 25 years.

54 year old Pullman has been diagnosed with asbestosis, a chronic lung condition caused by exposure to the carcinogen during his tenure at the museum. He filed a whistleblower lawsuit that alleged that his condition was caused by his exposure to asbestos in the workplace, and that he had been subject to unfair job performance evaluations and other alleged retaliatory actions after he filed workplace safety complaints.

Under the terms of his settlement, he was to receive $233,000, an additional $70,000 in severance pay and the museum will pay 65 percent of his health insurance premium for nine months.

Asbestos Reporting Problems at the Smithsonian
Like virtually every home, business, office building or other structure built or remodeled before the 1970s, asbestos-containing materials (ACM) were routinely used in a number of areas, including wall plaster, pipe and joint insulation compounds, as insulation for boilers and heating pipes and flooring materials.

Mr. Pullman alleged that Smithsonian leadership never provided information to museum installation or maintenance staff members regarding the potential for asbestos exposure in the course of their work, nor were they provided with respirators or other protective equipment to prevent the inhalation of asbestos dusts. He and his colleagues only learned that they had been routinely exposed to asbestos in 2008, and Pullman subsequently learned he had been diagnosed with asbestosis.

After having workers’ compensation claims denied, he filed occupational safety complaints and took his case to the media. The subsequent investigations and news reporting led to a Congressional hearing and an internal review of Smithsonian policies and procedures relating to asbestos.

As a result, the Smithsonian is now providing asbestos training classes to over 800 workers and has provided asbestos disease medical examinations at no charge to museum employees.

Exposure to Asbestos Exposure Can Cause Serious Illness Many Decades Later
Unlike other airborne irritants which can be expelled by coughing or sneezing, when asbestos fibers are inhaled, they remain in the lungs. Microscopic asbestos fibers have sharp, jagged edges which cause them to attach to the lungs.

There is a 30-40 year latency period (the time between exposure and when symptoms of illness are first noticed) between exposure to asbestos and when symptoms of asbestos disease are first diagnosed.

The asbestos causes healthy lung tissue to scar, causing illnesses such as pleural plaques disease, chronic obstructive pulmonary disease (COPD) and asbestosis. More serious illnesses occur when asbestos fibers or scarred lung tissue triggers the lungs to abnormal cells, which cause lung cancer tumors to grow.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos disease, we may be able to help you to seek justice for your illness and file a lawsuit on your behalf.

Please complete the form on this page for a free and confidential review of your potential asbestos lawsuit or request a free copy of our asbestos sourcebook. A Weitz & Luxenberg representative will contact you as soon as possible.