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Published: Thursday, August 19, 2010

Everett firefighters file claim for asbestos exposure

They want medical tracking for crews exposed during training exercises

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EVERETT -- Firefighters exposed to asbestos during training three years ago are moving toward a multimillion-dollar lawsuit against the city.

Dozens of Everett firefighters and their spouses last month filed claims with the city seeking a total of $9 million. Such a move is often the last step before bringing a lawsuit.

The firefighters were exposed to asbestos in July 2007 while conducting training exercises in city-owned houses. The buildings were known to contain the dangerous material, which has been linked to cancer.

The firefighters don't want a check; what they want is for the city to pay for lifetime medical monitoring for potential asbestos-related health problems, said Jeff Keane, the Seattle attorney representing the firefighters.

The firefighters also want the agreement to be a formal, legal document -- not just a promise.

"We were waiting for the city to do the right thing but it never happened," said Paul Gagnon, president of the firefighters union.

The city already has offered lifetime medical monitoring to 27 of the firefighters who are named in the claim. They were thought to have had the greatest exposure to asbestos fibers during the training exercise, city spokeswoman Kate Reardon said.

What the city has not done is make that same offer to another 22 firefighters who also trained in the houses.

Those firefighters weren't eligible for medical monitoring, the city determined, because their levels of exposure weren't believed to be as significant as that of their colleagues.

The decision about who had possible significant exposure was made by a group that included two members of the firefighters union, a fire department administrator and an industry expert on chemical exposure, Reardon said.

City officials are in the middle of trying to determine whether more firefighters should qualify for lifetime monitoring, she said.

Asbestos is a naturally occurring mineral fiber made of microscopic bundles. It was commonly used in building materials and in ship construction because it resists combustion. Once disturbed, however, the fibers can become airborne and lodge in a person's lungs.

Asbestos exposure has been linked to serious health problems, including mesothelioma, an often fatal form of cancer that attacks the lining of the lungs and stomach. Sometimes problems don't surface until years after exposure, according to the National Cancer Institute.

In July 2007, Everett firefighters chopped holes in several old homes the city owned on N. Broadway and Tower Street. They were engaged in a training exercise.

Unlike what happens at an actual fire, the crews were not wearing their self-contained breathing gear.

At least one fire official knew the houses contained asbestos before the training, but the exercise went on anyway, apparently because of miscommunication.

A state consultant with the Department of Labor and Industries concluded in a December 2007 report that the asbestos exposure problem was serious enough that firefighters who had "significant exposures" should be checked by a doctor on a regular basis to monitor their health.

The consultant also concluded that all Everett firefighters at sometime during their careers likely have been exposed to the potentially dangerous fibers because the department has lacked a policy to inspect training areas for possible hazardous materials exposure.

Since then, the city has taken steps to prevent asbestos exposure, including inspecting buildings for hazards before firefighters tear them apart during training. Crews are required to wear breathing protection during the drills and undergo decontamination afterward. Firefighters also have been provided training on avoiding asbestos and other airborne risks.

Gagnon, the union president, said firefighters would like to reach an agreement with the city without going to court.

"We don't want to go the lawsuit route," he said. "We're doing what we have to do to take of our members."



Debra Smith: 425-339-3197; dsmith@heraldnet.com.

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