A Cruel Legacy


Have you or a loved one become a cancer victim as a result of working at Texas Instruments | Metals & Controls in Attleboro, Massachusetts? Let us help insure you receive the entire compensation that you are entitled to. If you or a loved one worked at the Attleboro site at any time from 1950 to 1967 contact us today for a free consultation.

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Visit our website at www.ticancervictim.com and contact our Attleboro, Massachusetts office today at 508-499-3366.

Wednesday, February 20, 2013

TI will get word out


TI will get word out
Ex-nuke workers due federal help
RICK FOSTER SUN CHRONICLE

ATTLEBORO - Texas Instruments is planning to work with the government to get the word out to former atomic workers suffering from cancer about help from a federal government program.

U.S. Rep. Joseph Kennedy III said the company, which once fabricated nuclear fuel for the Navy at its Forest Street manufacturing complex, has agreed to notify former workers about the Energy Employees Occupational Illness Compensation Program. The program provides financial compensation and medical payments to those who might have contracted cancer as a result of their work.

Hundreds of employees who worked at the plant for TI and its predecessor Metals & Controls have received compensation for cancer, according to U.S. Department of Labor records.

Some area families have multiple members who worked at the plant who have contracted cancer.

The federal government created a special classification for employees who worked at the TI plant from 1952 to 1967, making it easier for workers who contracted certain kinds of cancer and who meet other criteria to receive assistance.

The federal program provides $150,000 in compensation, plus medical benefits for those who qualify.

Nonetheless, Larry Darcey, a former TI manager who lives in Rehoboth, and others have said few of the former plant workers were ever notified that they could get compensation or help in treating their cancer.

Darcey said some are now in dire financial straits.

Their story was featured on The Sun Chronicle's front page on Feb. 3.

Kennedy saw The Sun Chronicle story and called the issue to the attention of TI President and CEO Richard Templeton during a congressional hearing.

Kennedy said the company reached out to his office with an offer to cooperate with federal agencies to inform former workers.

Darcey, who said he has no grudge against his former employer, says he's hopeful that the company will be able to contact as many of its former workers as possible by mining pension and retiree records.

According to the Nuclear Regulatory Commission, the company fabricated fuel and other components at its factory from 1952 to 1981.

The buildings and grounds of the former plant were extensively decontaminated during the 1990s when state and federal officials approved the cleanup measures.

Kennedy's office said the company plans to send letters to former workers informing them about federal help and include a brochure with information about the compensation program.

Friday, February 8, 2013

Kennedy questions TI president about cancer cases


Kennedy questions TI president about cancer cases

BY RICK FOSTER SUN CHRONICLE STAFF | Posted: Wednesday, February 6, 2013 2:51 pm

The plight of former Attleboro area atomic site workers suffering from cancer has reached the halls of
Congress.

Texas Instruments President and CEO Richard Templeton said during a hearing today in Washington that his company would re-examine whether more needs to be done to communicate to former workers at its Attleboro plant about the availability of federal government help.

Templeton’s remarks came during a hearing before the House Committee on Science, Space and
Technology in response to questions by U.S. Rep. Joseph P. Kennedy concerning reports of many cases of cancer among workers from the former Metals and Controls plant which made nuclear fuels and other radioactive components from the early 1950s until 1981, according to federal government records.

Some former workers have complained that neither the government nor their employer actively sought to inform workers about compensation and medical care available through the Energy Employees
Occupational Illness Compensation Program.

Kennedy referenced a report in Sunday’s edition of The Sun Chronicle quoting former workers and citing millions of federal dollars already spent to compensate former Attleboro plant workers. He said that while the effects of the country’s nuclear program are not limited to Attleboro or TI, more could be done to reach out to affected workers. Kennedy offered to work with the company to facilitate sharing of information.

Templeton said TI has cooperated with federal agencies, including the Department of Labor and
Department of Energy and wants to see if additional steps are needed.

“We need to stay in contact between the appropriate government agencies and your office,” he said.
“We’ve been very active with the departments to make sure any information we could help with was
available and we need to continue that, take a look if there’s more that could be done, we should be doing it with you.”

Templeton’s remarks came during a committee hearing dealing with U.S. competitiveness in science,
math and technology education.

Larry Darcey, a former TI manager from Rehoboth, told The Sun Chronicle he and others tracked down at least 170 former plant workers with cancer.

A federal program that pays compensation and medical care for nuclear workers with certain types of
cancer has paid out $30 million covering more than 300 cases, according to federal Department of Labor statistics.

According to Nuclear Regulatory Commission records, the Attleboro plant made nuclear fuel and other
components for the Navy and other government and private companies beginning around 1952.

The Attleboro manufacturing complex underwent a major decontamination effort during the 1990s
following which federal and state agencies signed off on the property saying no further remediation was
required to make the property safe.

Texas Instruments sold the industrial site in 2006. A spinoff company, Sensata Technologies, still uses a part of the location.

Thursday, February 7, 2013

How Attorney Balser Provides Needed Help to Claimants


How Attorney Balser Provides Needed Help to Claimants
How representation by Attorney Gail Balser can help claimants under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) insure they receive the full compensation they are entitled to under the Act.
   SEC Petitions
Attorney Balser directly helps petitioners in gathering the materials, information, and documentation needed to file an SEC petition. She also helps petitioners in preparing and presenting comments to the Advisory Board. Attorney Balser will also help petitioners who may be having problems with a petition they have already filed to insure they are treated fairly and receive all the benefits to which they are entitled.


   Dose Reconstruction
In some cases when a claimant has problems with the dose reconstruction process, Attorney Balser will help the claimant engage an expert to support their claim. Claimants may also contact her for help in reviewing their case, if previously denied. Attorney Balser will review the entire case including the Department of Labor initial case file, the NIOSH dose reconstruction report, and the medical records.

   Outreach Meetings
Attorney Balser is also available to attend  outreach meetings and conduct workshops for claimants, advocates, consultants, and the public in order to promote a better understanding of the Act - the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) and the claims process.

You may contact Attorney Balser for assistance to insure you receive the full compensation you entitled to under the Act by calling (508) 699-2500 Ext 11 or make an appointment by using this link.

Former Metals & Controls Workers Battling Cancer in Attleboro, Massachusetts


Former Metals and Controls Workers Battling Cancer in Attleboro, Massachusetts 


In the late 1950s, most of the young men and women who agreed to take jobs manufacturing nuclear reactor fuel components at Metals & Controls in Attleboro were just starting careers and families.  Few apparently gave any thought to the dangers of working with or around enriched uranium and other
radioactive materials.  Most workers at Metals & Controls that later became part of Texas Instruments never considered their job a potential threat to their health.   Workers have been quoted as saying,  “ We were all young and didn’t know a lot about what was going on…”

Originally, according to the Nuclear Regulatory Commission (NRC), work related to radioactive materials was conducted in at least three buildings at the Forest Street complex. Later, operations were consolidated into a single structure, Building 10, that was constructed in 1956. Some of the wastes from the manufacturing operations were buried in an outdoor area next to Building 11. Small amounts of radium 226 were also found by radiological surveys in Building 1, the building closest to Forest Street.  Because it could find no documentation limiting potential radiation exposure to a particular building, according to a 2010 Labor Department bulletin, the National Institute of Occupational Safety and Health assumes that workers could have been exposed to radioactive materials in any part of the Metals & Controls site.

Attorney Balser’s father, Charles Balser, was one of those workers.  Mr. Balser began working for Metals & Controls in 1950 and continued to be a loyal and dedicated employee until his retirement some forty (40) years later.  A short six months after his retirement, Attorney Balser’s father was diagnosed with cancer.  He passed away in 1993 as a result of that cancer.  Attorney Balser remembers as a teenager the many occasions when she picked up her father at Building 1 off of Forest Street and at the more newly constructed Building 10 set farther back in the Texas Instruments Campus.  She vividly remembers the red film badge dosimeters Mr. Balser wore that he had been told were detecting the radiation levels he was exposed to while at work so as to protect him from dangerous levels of radiation.  Clearly this protection failed.

Now, more than 50 years later, many of those who worked long hours assembling nuclear parts or working in test labs, including Attorney Balser’s father, battled or are still battling cancer, and many – apparently including the government – know the cancers may have been caused by their work in the nuclear industry at the Metals & Controls Division of Texas Instruments.

According to a 2001 U.S. Department of Energy report containing newly declassified information about government contractors that processed uranium for nuclear weapons, Metals & Controls and later Texas Instruments fabricated uranium fuel elements for the Naval Nuclear Propulsion Program from 1952
through 1965. The plant, was the first non-government facility allowed to fabricate fuel for nuclear reactors.  The company's nuclear operations were so extensive that the Department of Labor classified the Attleboro site as an "atomic weapons employer."

Texas Instruments sold the Attleboro manufacturing complex in 2006, but has never tried to contact workers or their surviving family members to inform them that they might be eligible for federal compensation or medical help for their cancer. Texas Instruments claims it has cooperated with the U.S. Department of Health and Human Services on issues related to cancer claims and has made information available to its former workers.  The workers tell a far different story. From all accounts, Texas Instruments has not even used its personnel records to reach out to former employees or their families. The proof lies with the minute number of employees who have filed claims or received help.

The company began cleanup of uranium contamination in 1981 after nuclear operations ceased and the site's government license to manufacture nuclear materials lapsed. Decontamination of the plant was completed in 1997 according to the Energy Department and it received a sign-off from federal and state officials, who said the site needed no further remediation.

But former workers, including those who fabricated nuclear fuels and switches, disposed of scrap and performed laboratory testing, still carried in their bodies the effects of exposure to radioactive materials and other substances. While Texas Instruments may have cleaned up its campus former workers, still carried in their bodies the effects of exposure to radioactive materials and other substances.

In addition, some of the waste from the plant - as well as from the local jewelry industry - ended up in the former Shpack landfill on the Norton-Attleboro line. Radioactive waste at the landfill has also allegedly been linked to cancer in lawsuits filed by two residents against Texas Instruments and several other landfill users. The plaintiffs contend they contracted cancer because of the dumping.

The Makepeace Division of Engelhard Industries in Plainville also fabricated nuclear fuel elements from1957 to 1962, according to Nuclear Regulatory Commission (NRC) records.  Manufacturing at Makepeace involved the use of natural, depleted and enriched uranium. That site was decontaminated
in 1963.

You may contact Attorney Balser for assistance to insure you receive the full compensation you entitled to under the Act by calling (508) 699-2500 Ext 11 or make an appointment by using this link.

Tuesday, February 5, 2013

A cruel legacy


A cruel legacy

BY RICK FOSTER SUN CHRONICLE STAFF | Posted: Sunday, February 3, 2013 2:05 am

When Larry Darcey contracted kidney cancer in 1992, he never guessed that it might be related to his job at Texas Instruments in Attleboro.

Even after a friend told him the federal government was helping fellow workers who developed cancer
after working at the plant which once manufactured nuclear components for the Navy, he had trouble
putting his disease together with the 40 years he worked as a top technical manager.

"I didn't believe it," said Darcey, 66.

Then he began talking to other former TI workers, including several who had worked directly for him.

Others, it turned out, also had cancer. Lots of them.

After two years of seeking out former co-workers, Darcey said he found 177 former employees from the plant who had cancer. Many had applied for and been accepted into a federal program that provides $150,000 in compensation and free medical care to affected workers.

The U.S. Department of Labor, which administers worker's compensation programs, has granted claims of hundreds of ex-TI employees who got cancer and has paid out more than $30 million in compensation and medical bills to date.

Most of that went to former workers who were employed from 1952 to 1967 as part of a special grouping created by the government.

Darcey, who also was diagnosed with skin cancer, was convinced.

As he continued seeking out and talking to retired fellow workers, he discovered alarming coincidences.
Several had died of cancer. Leo Plouffe, a longtime friend and co-worker, got bladder cancer.

And Darcey found the same types of cancer diagnoses repeated over and over again - bladder, thyroid
and kidney cancers being the most prevalent for both sexes.

Among couples who had worked at the plant, he found four instances in which both husband and wife
contracted cancer.

The Rehoboth resident has since made it a mission to inform fellow retirees about the health dangers they might be facing and about the availability of help.

He says he's not bitter about Texas Instruments, where he made his career. But he is surprised that neither the company nor anyone else seems to be taking the initiative to guide former atomic workers now facing the possibility of cancer.

"I don't have a vendetta against TI," Darcey said. "I had a good living because I worked there, and still
do. But nobody is talking about this. It's time for someone to step up and take responsibility."

He said that as far as he knows, TI, which sold the Attleboro manufacturing complex in 2006, has never
tried to contact him or other workers to inform them that they might be eligible for federal compensation
or medical help for their cancer.

Steve Foster, a Taunton resident who worked at the plant from 1975 until he was laid off in 2011,
received federal compensation for thyroid cancer. His wife and father, both of whom worked at the same facility, died of cancer. He said his brother, another former employee, has cancer, too.

Foster, 56, said he never received any notification about compensation or help under the Energy
Employees Occupational Illness Compensation Program, which he remembers learning about either
online or from a newspaper report.

Foster says the company could have done more, using personnel records to reach out to former
employees.

Texas Instruments said in a statement that it has cooperated with the U.S. Department of Health and
Human Services on issues related to cancer claims and has made information available to its former
workers.

"TI has worked with HHS over the years to verify employment of former employees at the Attleboro site
who worked at the Metals & Controls facility from 1/1/1952 - 12/31/1967," TI spokeswoman Whitney
Jodry said in the statement. "We have also dedicated a resource for former employees to contact for more information about the EEOICPA program. It is important to note that we have had very few former
employees use the resources we have provided."

Adriano Llosa, a spokesman for the Department of Labor, said the federal agency publicized the
availability of assistance for the plant's atomic workers through a news release in 2010 that generated
several dozen applications from former workers.

The government has continued to mail brochures to residents of the Attleboro area on a bimonthly basis since that time.

However, Darcey and other former plant employees note that with the passage of time, many workers
have retired or been laid off and become widely scattered.

Focusing on the Attleboro area doesn't go far enough to notify those who might have been affected, they say.

As many as 6,000 people were employed at Texas Instruments during the 1950s and '60s making motor controls, thermostats and other devices.

But, the company also made nuclear fuels used by the Navy, Air Force and civilian government reactors, as well as switches for Navy submarines that contained radium 226, according to Nuclear Regulatory Commission documents.

The company's nuclear operations were so extensive that the Department of Labor classified the
Attleboro site as an "atomic weapons employer."

TI cleaned up the campus in 1997 and received a sign-off from federal and state officials, who said the
site needed no further remediation.

But former workers, including those who fabricated nuclear fuels and switches, disposed of scrap and
performed laboratory testing, still carried in their bodies the effects of exposure to radioactive materials
and other substances.

The Energy Employees Occupational Illness Compensation Program that went into effect in 2001
provides compensation of $150,000 and free medical care to private industry atomic workers and certain government employees and contractors if the employee developed cancer after working at a covered facility.

Under the program, compensation can be granted if it is determined that the cancer was "at least as likely as not" related to their employment, or if they were part of a special group called a "special exposure cohort" of workers who spent at least 250 days on the job prior to 1992.

The U.S. Department of Health and Human Services created a special exposure cohort in 2010 covering all atomic weapons employees who worked at least 250 days at Metals & Controls in Attleboro during a period from Jan. 1, 1952, to Dec. 31, 1967.

As of Jan. 9, the U.S. Department of Labor had approved 301 claims by former workers and paid out a
total of $26.2 million in compensation related to the Attleboro site. Another $768,000 went to pay
medical bills of affected workers.

Further, the National Institutes of Occupational Safety and Health approved another $3.4 million in
payments to a total of 29 claimants whose cancers were found as likely as not to be work-related.

Not every cancer qualifies. To receive compensation a worker must have contracted one of about 20
types of cancer listed by the Department of Labor.

Former employees receiving compensation aren't just those who worked at the plant during the '50s and '60s. Others who were employed later also received payments following health evaluations.

The payout to TI workers is a small portion of the billions of dollars in benefits and medical care that has been dispensed nationally to tens of thousands of energy workers suffering from cancer. The Labor Department says more than $8.9 billion in benefits has been delivered so far.

According to a Nuclear Regulatory Commission document, manufacturing operations involving
radioactive materials began at the Attleboro site in 1952 when Metals & Controls began to fabricate
enriched uranium foils. M&C merged with Texas Instruments in 1959 and continued to operate as a
component of TI.

From 1952 to 1965, M&C manufactured uranium fuel for the U.S. Naval Reactors Program, the Air
Force and other government research. The company continued manufacturing fuel for the High Flux
Isotope Reactor at Oak Ridge National Laboratory and other government research reactors through 1981.

Originally, according to the NRC, work related to radioactive materials was conducted in at least three
buildings at the Forest Street complex. Later, operations were consolidated into a single structure,
Building 10, constructed in 1956.

Some of the wastes from the manufacturing operations were buried in an outdoor area next to Building
11.

Small amounts of radium 226 were also found by radiological surveys in Building 1, the building closest
to Forest Street.

That contamination has since been removed and the building released for unrestricted use, according to the Massachusetts Department of Public Health. The building is currently being considered as the future site for offices for various human service agencies.

During a cleanup on its site during the mid-1990s, TI removed 34,600 cubic feet of contaminated
materials from building interiors and an additional 532,000 cubic feet of soil from the complex,
according to government records. Contaminated wastes were sent to a disposal facility in Utah.

Because it could find no documentation limiting potential radiation exposure to a particular building,
according to a 2010 Labor Department bulletin, the National Institute of Occupational Safety and Health
assumes that workers could have been exposed to radioactive materials in any part of the Metals &
Controls site.

That means for the purpose of receiving benefits as part of the special exposure cohort, any employee
working anywhere within the Metals & Controls site during the 1952-1967 timeframe can be considered.

Employees who worked at other times can apply under the program, which involves an evaluation to
determine whether the worker's cancer was at least as likely as not related to their employment.

The Forest Street manufacturing site isn't the only area location where the nuclear industry left behind a dangerous legacy of contamination.

Earlier this year, Texas Instruments agreed to reimburse the federal government $15 million as part of a consent order stemming from the cleanup of the former Shpack landfill on the Norton-Attleboro line.

Texas Instruments, which admitted no liability as part of the settlement, was accused by the federal
government of having arranged for disposal of radioactive Uranium-234, -235 and -238 at the Shpack site from nuclear fuel operations at the Attleboro plant.

In 2011, the Department of Labor notified former landfill employees that they also might be eligible to
apply for compensation.

The Makepeace Division of Engelhard Industries in Plainville also fabricated nuclear fuel elements from
1957 to 1962, according to NRC records.

Manufacturing involved the use of natural, depleted and enriched uranium. The site was decontaminated in 1963.

Former workers at the TI and Shpack sites can still apply for benefits.