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Governor Northam Signs LandMark Product Liability Bill Into Law Read More ​ Products Liability Home Asbestos Benzene Exposure Camp Lejeune Water Contamination Lawsuit CPAP Machines Hernia Mesh Medical Devices Paraquat and Parkinson’s Disease Roundup Sunscreen and Benzene Talc Zantac Contact Us PWHD is pleased to announce that Governor Northam signed HB 2139 into law. This bill amends Virginia Code § 8.01-249 by providing a more reasonable time limit for Virginians suffering from latent diseases caused by toxic substances and defective products to bring a claim. Delegate Elizabeth Guzman was the Chief Patron of this bill, which will go into effect on July 1, 2021. Under prior law, many victims' claims were time barred before they even knew they were injured. This bill corrects this inequity by providing that the statute of limitation in a case involving a latent disease or injury resulting from exposure to a substance or the use of a product does not start to run until the injured person knew or should have known of the injury and its causal-connection to an injury-causing substance or product. ​ PWHD attorneys have worked hard for many years to promote this change to Virginia law. During the 2021 session, PWHD products liability partner, Robert R. Hatten, testified in the House Courts of Justice and Senate Judiciary Committees about the need for this change, and the inherent injustice that existed for those suffering from latent diseases in Virginia under existing law. This bill was supported by a 2020 Fourth Circuit Court of Appeals decision, which applied Virginia’s statute of limitations to dismiss a latent disease claim filed by a coal miner against the manufacturer of a defective respirator. The court’s opinion characterized the current Virginia statute of limitations for latent disease claims as tantamount to a “get out of jail free card” for manufacturers of dangerous products because the time limit on these claims expires before the victim is even diagnosed with the disease, much less is aware of the cause of that disease. See Adams v. American Optical Corp., 979 F.3d 248 (2020). As the court observed, Virginia’s law is manifestly unfair because an individual with a latent disease or injury will never get his or her day in court. ​ This inherent inequity was based upon the 1981 Virginia Supreme Court decision Locke v. Johns-Manville Corp., 221 Va. 951, 275 S.E.2d 900, which held that the statute of limitations for latent disease claims “do[es] not accrue when the diagnosis is first made or when symptoms first occur.” Instead, the court held, the statute of limitations begins to run when any "injury, however slight" first occurs in the body, a time that “expert medical testimony may demonstrate to have occurred weeks, months, or even years before the onset of symptoms.” The Court concluded that “the adoption of a discovery rule which triggers the running of the statute only when the injury is discovered or should have been discovered in the exercise of reasonable diligence must be accomplished by the General Assembly.” ​ Following Locke, in 1985, Robert R. Hatten spearheaded the passage of statutes by the Virginia General Assembly to change the time limit for filing asbestos claims, so that the time limit did not begin to run until an individual received a diagnosis of an asbestos-related disease from his or her physician. Unfortunately, the change regarding asbestos-related diseases did not address other toxic and carcinogenic substances. ​ The new amendment to Virginia Code § 8.01-249 signed into law by Governor Northam corrects this inequity and brings Virginia law in line with the majority of other states by stating that the statute of limitation does not start to run the injured person knows or should know of the injury and its causal-connection to an injury-causing substance or product. ​ The attorneys at PWHD bring over 70 years of litigation experience to a variety of complex matters. PWHD is a local firm with a national reputation. Starting as a pioneer and champion of the rights of asbestos victims, PWHD’s product liability practice has grown over time to handle a wide variety of defective product lawsuits, including breast implants, hernia mesh, Zantac, Roundup®, Biocell, Benzene, and talc. ​ If you have been injured as a result of a defective product design, manufacturing defect, or a failure to warn of the hazards of a product, please contact us for a free case evaluation . We can help. Products Liability Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Jean nette M. Dodson-O'Connell Daniel R. O. Long Geoffr ey R. Grau

LITIGATION AREA Employment & Labor Our Approach Our Employment Law Practice Group approaches this critical and constantly evolving area of law with broad experience and balanced perspective. We have represented businesses of all types and sizes in nearly every kind of workplace dispute. In addition, in significant cases, we have represented individual plaintiffs and groups of plaintiffs in wrongful discharge, employment contract disputes, and harassment and discrimination cases. ​ Business Clients For our business clients, we recognize that building and administering an effective workforce is fraught with challenge. The firm believes strongly that proactive implementation of well-crafted personnel policies and effective training is vital to achieving a productive work environment and reducing the risk of employee lawsuits. We have extensive experience drafting employee handbooks, drug-free workplace programs and the myriad policies required by the constantly evolving field of employment law. In addition, we have extensive experience crafting employment agreements, non-solicitation and non-competition agreements and provisions to protect confidential and proprietary information. ​ Our Experience in Employment & Labor Litigation Finally, and most importantly, our experience and expertise derives from litigating employment law issues and seeing, first hand, how judges and juries react to employers who have not been proactive in their compliance efforts. We have a depth of experience representing businesses and individuals on the many kinds of employment law disputes. This gives us a perspective that is truly unique. Whether you have found yourself in a lawsuit, contemplating one, or you simply want to ensure that your business has done everything it can to reduce the risk of becoming embroiled in employment litigation, our Employment Law Practice Group has scaled the complex "learning curve" associated with employment law issues and can quickly and effectively address your needs. ​ If you need assistance, please contact James H. Shoemaker, Jr., Esq . at (757) 223-4580 or (757) 223-4500 . Employment & Labor Attorney ​ James H. Shoemaker, Jr. Contact PWHD

ASBESTOS LITIGATION What Is Mesothelioma? Read More ​ Asbestos Exposure What is Asbestos? What did Companies Know? Occupations at Risk Ship Builders, and Navy Veterans Asbestos Disease Claims Contact Us What is Mesothelioma ? Mesothelioma is a rare form of cancer which develops in the mesothelium, the protective lining that covers many of the body's internal organs. There are four main types of mesothelioma: pleural mesothelioma which occurs in the lining around the lungs; peritoneal mesothelioma, which occurs in the lining around the stomach and abdomen; pericardial mesothelioma, which occurs in the lining around the heart; and mesothelioma of the tunica vaginalis, which occurs in the lining around the testes. All four types are caused by asbestos exposure. By far the most prevalent type is pleural mesothelioma, shown below: The Symptoms of Mesothelioma The initial symptoms associated with mesothelioma are usually pain in the back, chest or abdomen as well as fatigue and loss of weight. This is usually followed by an unexplained and sudden shortness of breath caused by a buildup of fluid (called an "effusion") between the mesothelial lining and the organ it covers. Malignant mesothelioma is often difficult to diagnose. A definitive diagnosis typically often may only be made after a biopsy is performed to obtain a tissue sample. Because malignant mesothelioma is a rare disease, many hospitals and physicians do not have a great deal of experience with this disease and may have difficulty making the diagnosis. If you have any of the foregoing symptoms and have a history of asbestos exposure, contact your physician as soon as possible. ​ We have forty years of experience prosecuting mesothelioma cases. If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 757-223-4545 ​ for a free consultation. You can also fill out our contact form . Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Jean nette M. Dodson-O'Connell Daniel R. O. Long Geoffr ey R. Grau

ASBESTOS LITIGATION Ship Builders & Navy Veterans Read More ​ Asbestos Exposure What is Asbestos? What is Mesothelioma? What did Companies Know? Occupations at Risk Asbestos Disease Claims Contact Us More than thirty percent (30%) of Americans with mesothelioma cancer were exposed to asbestos while serving in the United States Military. Many more were Naval Contractors, and Shipyard Workers, who helped build and service Navy and commercial vessels. Asbestos exposure is the only cause of Malignant Mesothelioma. If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 757-223-4500 for a free consultation. You can also fill out our contact form​ for a free case evaluation. Armed Forces Veterans and shipyard workers who served between 1940 and 1980 have a great risk of developing asbestos-related illnesses , such as: Asbestosis Lung Cancer Mesothelioma Navy personnel and shipyard workers, such as the Newport News Shipbuilding and Dry Dock Company, the Norfolk Naval Shipyard, Norfolk Shipbuilding and Drydock Co. (“Norshipco”), Horne Brothers Shipyard, Metro Machine, Colonna Shipyard , and others from the 1930s through the 1980s, are at a high risk for developing a disease due to asbestos exposure. Navy Ships Nearly all branches of the military and commercial vessels utilized asbestos for many purposes. More than three hundred asbestos containing products were used by the military, the 1930s through the 1980s. Every Navy and commercial ship built before the 1980s employed numerous asbestos-containing materials, putting veterans, sailors and Shipbuilders at risk. These asbestos materials were used throughout Navy and commercial vessels. Personnel who worked below deck were exposed to asbestos dust consistently. All sailors, shipbuilders, and ship repair workers aboard Navy and commercial vessels are at risk for Mesothelioma , as asbestos products were used in navigation rooms, sleeping quarters, mess halls, engine rooms, boiler rooms, pump rooms, and throughout the ships. Due to the nature of ship construction, demolition and repair work that took place at Shipyards in Virginia, shipyard workers were exposed to inhaling toxic asbestos fibers provided by a wide range of asbestos product suppliers including John Crane, Inc., Warren Pumps, IMO/DeLaval, Nash, Velan, Aurora, William Powell, Byron Jackson, Ingersoll Rand, J.R. Clarkson, Crane Co., Rockwell, Edwards, Goulds, Noland, Cleaver-Brooks, Tate Andale, Milwaukee, Gardner Denver, Kunkle, Northern, Foster Wheeler, Owens-Illinois, Owens-Corning, and Selby Battersby (SB Decking), among others. Asbestos could be found in gaskets, valves, pumps, evaporators and distillers, forced draft blowers and other fans, condensers, floor and pipe coverings, clutches and brakes, among other things. Because of the extensive use of Asbestos materials and Asbestos-containing products, Virginia Navy veterans and shipyard workers are one of the most at-risk groups for developing Malignant Mesothelioma Lung Cancer and other asbestos-related diseases. ​ Virginia Shipyards in the Hampton Roads Region of Virginia A. Newport News Shipbuilding and Dry Dock Company, Newport News, Virginia The Newport News Shipbuilding and Dry Dock Company (NNS), now known as Newport news Shipbuilding (a division of Huntington Ingalls, Inc.), is location in Newport News, Virginia and has been building commercial ships since 1980, and military vesserls since 1893. ​ Newport News Shipbuilding is the only shipbuilding company in the United States that designs, builds and refuels nuclear-powered aircraft carriers. It is also one of only two companies that designs and builds nuclear-powered submarines. Newport News Shipbuilding in the Hampton Roads region of Virginia provided construction and repair services for naval and commercial vessels of all types, and in its more than 100 years of existence, has built hundreds of commercial and naval vessels. If you worked for any of these shipyards in the Hampton Roads region of Virginia, worked aboard a ship there, or were stationed aboard a vessel built in the Newport News shipyard , you may have been exposed to asbestos and be at risk for mesothelioma cancer. ​ B. Norfolk Naval Shipyard, Portsmouth, Virginia Norfolk Naval Shipyard is a Navy yard in the Hampton Roads city of Portsmouth, Virginia. It has the distinction of being the oldest U.S. Navy Shipyard and was originally founded in 1767. When its initial founder decided to remain loyal to the British during the Revolutionary War, the shipyard was seized by the Colony of Virginia. The Shipyard subsequently became a Navy yard owned by the United States government and was renamed the Norfolk Naval Shipyard after the largest city in the area. For over 200 years, Norfolk naval Shipyard has built and repaired Navy ships. During World War II, the shipyard employed nearly 43,000 workers, built nearly 30 major vessels, and repaired 6,850 U.S. and Allied ships. During the Korean War, the shipyard completed work on more than 1,250 Naval vessels, and it has continued to repair large numbers of Navy vessels since then. C. Norfolk Shipbuilding and Drydock Company NORSHIPCO is a subsidiary of United States Marine Repair, Inc. (USMR). Located in Hampton Roads city of Norfolk, Virginia, it is the largest non-nuclear ship repair, modernization, conversion and overhaul company in the United States. ​ From its inception in 1915, NORSHIPCO served the Navy through both World Wars, Korea, and all other conflicts. ​ If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 757-223-4500 for a free consultation. You can also fill out our contact form​ for a free case evaluation. Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Jean nette M. Dodson-O'Connell Daniel R. O. Long Geoffr ey R. Grau

ASBESTOS LITIGATION What Did Companies Know? Read More ​ Asbestos Exposure What is Asbestos? What is Mesothelioma? Occupations at Risk Ship Builders, and Navy Veterans Asbestos Disease Claims Contact Us By the 1920s, the non-malignant disease of asbestosis, was known to kill or disable workers. By the 1940s, major medical journals began publishing articles linking asbestos to cancer. But companies continued to use the mineral in manufacturing and construction, failing to inform the public of the serious health risks associated with asbestos. Throughout 1930s, 1940s and 1950s, major journals published articles on asbestosis and how to protect workers and control the release of asbestos dust. And by the 1940s, 1950s and 1960s, reports of a previously unheard-of asbestos cancer, mesothelioma, were published. If you have been diagnosed with an asbestos related disease like Mesothelioma, Lung Cancer, or Asbestosis, call us at 757-223-4545 ​ for a free consultation. You can also fill out our contact form for a free case evaluation. Asbestos Litigation Attorneys Robert R. Hatten Contact PWHD Hugh B. McCormick, III. Jean nette M. Dodson-O'Connell Daniel R. O. Long Geoffr ey R. Grau

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