Former Workers at Florida Plant to Be Tested for Berylliosis

TALLEVAST, FL — December 30, 2004 — Former workers at a beryllium plant in Tallevast who have since moved away from the area may be screened for beryllium disease under an expanded program funded by the federal Agency for Toxic Substances and Disease Registry (Bradenton Herald, December 28, 2004). The program must first be approved by the state health department. A county grant covers medical testing for current Tallevast residents who were plant employees, their families, and other residents who lived near the facility.

The owner of the plant, American Beryllium Company, found high levels of beryllium in workplace air samples during the 1970s, but failed to send these results to government authorities, according to newspaper sources. In the early 1980s, government officials inspected the plant and levied minor fines. However, when Lockheed Martin purchased the facility in 1996, it found very high levels of beryllium. Tallevast residents are concerned that the plant may have released beryllium–containing fumes into the community as well as exposed unprotected workers to beryllium. Workers may also have endangered their families by bringing beryllium dust home on their shoes or clothes.

Beryllium Sensitization May Lead to Berylliosis or Chronic Beryllium Disease

Some people who are exposed to beryllium develop an allergic reaction known as beryllium sensitization. Beryllium sensitization often leads to berylliosis or chronic beryllium disease, a painful scarring of the lungs that causes shortness of breath, chest pain, and severe disability.

The beryllium lymphocyte proliferation test (BeLPT), which requires a blood sample, measures beryllium sensitization. It looks at disease–fighting cells involved in immune responses, called lymphocytes. If lymphocytes react strongly to beryllium, then the BeLPT is called abnormal and indicates beryllium sensitization.

A BeLPT normally costs from $210 to $600, but county and federal funding now allows former American Beryllium Company employees, their families, and Tallevast residents to take the test for free. One problem, however, is that beryllium sensitization and the symptoms of berylliosis may take decades to develop. People who were exposed to beryllium should be tested throughout their lives, but the Tallevast funds could run out.

Another federal program, created by the Energy Employees Occupational Illness Compensation Act, provides for free BeLPT screening, but it only applies to workers exposed to beryllium, not to their families or to residents living near a beryllium plant. The worker must first pay for the BeLPT, and then is reimbursed if the test is positive.

Many of the Tallevast plant workers are also eligible to receive a one–time payment of $150,000 under the Act, which grants this amount to berylliosis victims who worked for the Department of Energy (DOE) or for DOE contractors. Family members may receive the payment if the worker dies. However, a worker or family member who claims the $150,000 loses the right to a jury trial for any injuries caused by beryllium exposure.

At Brayton Purcell, we have found that jury verdicts or settlements in berylliosis cases often greatly exceed the $150,000 provided through the government program. That amount may not be enough to cover expenses, pain, and suffering, and to ensure a decent quality of life. If you have been diagnosed with berylliosis, we suggest that you consider your long–term situation before choosing the government program. Please feel free to contact us if you would like more information and wish to explore your legal choices. We have been handling beryllium litigation since the 1980s, and are well–known and respected in this field.