New York Mesothelioma Lawyers File Lawsuit in NY for Rare Asbestos Cancer

May 2 2007 - 7:52pm

Mesothelioma cancer in New York

Independent studies confirm at least 15 asbestos-related cancer deaths among New York State talc workers, according to attorney who filed the mesothelioma lawsuit.

New York mesothelioma attorneys Levy, Phillips & Konigsberg, LLP filed a lawsuit today on behalf of the third family member from a Jefferson County, New York, hamlet to die from mesothelioma. "It's a statistical improbability for the rare asbestos-related cancer to occur in a town of less than 400 persons," according to attorney Robert I. Komitor, Esq., a partner in Levy Phillips & Konigsberg, LLP.

Donald Lozo, who died in August 2005, at 67, was exposed to asbestos from talc, as was his
late sister, Catherine, and late mother, Mary, who also died of asbestos-related cancer. Donald Lozo worked for more than a decade at the Carbola Talc Mine, Natural Bridge, according to Court documents filed by his New York mesothelioma attorneys.

The Lozo mesothelioma lawsuit was filed today in New York State Supreme Court, Fifth Judicial District, Onondaga County, Syracuse, the Court in which the region's asbestos litigation is consolidated, according to Levy Phillips & Konigsberg, LLP, New Jersey and New York mesothelioma attorneys with extensive experience handling asbestos exposure cases.

Mesothelioma is an extremely rare disease without hereditary basis, occurring in approximately only 1 out of 100,000 persons, even less frequently in women. Natural Bridge had a population of approximately 392 persons according to the 2000 Census and zero mesothelioma deaths would be expected. Yet, In the Lozo family there now have been three deaths from asbestos-related cancer. Additionally, published studies have independently confirmed a total of at least 15 mesothelioma deaths among talc workers in New York State, Lozo's mesothelioma attorney said.

The Lozo family's mesothelioma tragedy allegedly began in the 1930s when Alfred Lozo, husband of Mary and father of Donald and Catherine, began working at the Carbola Mine. For decades Albert Lozo would return from work at the mine with talc dust on his clothing and in the family car. Mary, Donald and Catherine were constantly exposed to this asbestos-laden talc dust, which also made its way into the Lozo residence when it was released from the talc operation into the air, according to Patrick J. Timmins, Esq., another one of the New York mesothelioma attorneys working on the Lozo's case.

"Talc mine workers had no reason to think that the mineral was dangerous. Catherine Lozo Gerber, who filed her own lawsuit after she developed mesothelioma, testified before her death in a deposition that her father sometimes took her to work - not knowing that he was exposing his daughter to cancer-causing dust," Timmins said. Levy Phillips & Konigsberg, LLP also represents Catherine Lozo Gerber's estate in a separate mesothelioma lawsuit filed in Syracuse in 2005.

Donald Lozo, whose estate filed its case today, also was allegedly exposed to contaminated talc when he worked in the mill at Carbola Mine in the 1950s and early 1960s. He also was allegedly exposed to asbestos used in industrial products while working as a member of Iron Workers Union, Local 60 beginning in the mid 1960s. The Carbola Chemical Company is one of the entities believed to be responsible for mining and milling operations during the years in which Alfred and Donald Lozo worked at the Natural Bridge facility, Timmins said.