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.

Showing posts with label Former Metals and Controls Workers Battling Cancer in Attleboro. Show all posts
Showing posts with label Former Metals and Controls Workers Battling Cancer in Attleboro. Show all posts

Thursday, February 7, 2013

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. 

Thursday, November 29, 2012

Texas Instruments to pay feds $15 million for Shpack cleanup


Texas Instruments to pay feds $15 million for
Shpack cleanup

BY RICK FOSTER SUN CHRONICLE STAFF | Posted: Wednesday, November 28, 2012 1:25 am

Texas Instruments has agreed to reimburse the federal government $15 million as part of a consent
decree covering costs of removing radioactive contamination from the former Shpack landfill on the
Norton-Attleboro line.

According to the agreement, the Dallas-based company will pay the Army Corps of Engineers within 15
days. Texas Instruments did not acknowledge any liability as part of the settlement.

At least $70 million has been spent on the years-long cleanup, according to papers filed in connection
with the lawsuit.

Texas Instruments could not be reached Tuesday for a statement regarding the settlement.

The consent decree was filed Nov. 8 in U.S. District Court in Boston.

Texas Instruments, which merged with Metals and Controls in 1959, worked with radioactive materials at its Attleboro plant from 1959 to 1981, according to the complaint filed by the Justice Department.

The suit claimed that the company arranged for disposal of radioactive Uranium-234, -235 and -238 at
the Shpack site stemming from nuclear fuel operations at the Attleboro plant, in part from contracts with
the former U.S. Atomic Energy Commission and other, commercial, entities.

Radium-226 used in making items such as thermostats and circuit breakers also was found, according to the document.

The Schpack landfill, which was used by businesses as well as residents, was found by the Nuclear
Regulatory Commission in the 1970s to be contaminated with radiation, according to the Justice
Department complaint.

Court documents also said a survey found electrical components, a sign identified as coming from Texas Instruments and ashes from uranium-containing zirconium chips dumped by the company.

In 2009, according to the complaint, Texas Instruments and 10 other potentially responsible parties
signed a consent degree to address chemical contamination at the site.

The Army Corps of Engineers spent several years removing radioactive materials from the site.

It began the operation in 2005 and completed digging in July 2011.

The excavation included more than 50,000 cubic yards of contaminated soil, and more than 35,000 cubic yards of radioactive soil was shipped to a storage site in Clive, Utah.

The U.S. Environmental Protection Agency is now undertaking removal of chemical contaminants from
the site. Well inspection and surveys of the parcel are expected to begin next month.

Excavation of the chemical contaminants are expected to begin in the spring, and could be completed in 2014.

The 9.4-acre Shpack site straddles the Norton-Attleboro line, with six acres in Norton and 3.4 acres in
Attleboro.

The Norton side of the site operated as a landfill from 1946 to 1975. The Attleboro side operated from
1946 to 1965.