Earth Day and Asbestos

Posted on April 30, 2012 by admin

Earth Day was first celebrated on April 22, 1970 with the goal of establishing a healthy, sustainable environment. By the late ‘60s, visible signs of pollution became evident in polluted rivers, streams and oceans and our unclean air began to alarm the public. America’s concern led Congress in 1970 to pass the Clean Air Act and establish both the EPA and OSHA. Asbestos was one of the first toxins regulated by both OSHA and the EPA. However, despite these efforts, asbestos remains a very real health hazard in 2012.

Isn’t Asbestos Banned Already?
42 years after the creation of the EPA, OSHA and other state and federal asbestos regulations, astonishingly there still is no outright ban on the use of asbestos. Asbestos continues to pose a health hazard today because of its presence in existing buildings, homes and even in some new consumer and manufacturing products. An outright ban on the manufacture and use of asbestos products is far overdue.

Asbestos Around the World
Asbestos is a global business. Mining companies lobby heavily to continue sales in the developing world where many governments still have placed no limits on the use of asbestos. In 2009 alone, Canada exported over $90 million dollars worth of raw asbestos to developing countries such as India and Mexico for use in construction materials. The cancers caused by asbestos, including mesothelioma and lung cancer, do not develop until 20 to 50 years after an individual is exposed to asbestos. Unfortunately, people around the world will continue to develop asbestos disease well into the 21st century.

What Can You Do?
Today, on Earth Day, take a moment to advance the drive towards a safer environment, towards a cure for asbestos cancer and for greater awareness of the continuing asbestos hazard. There are several ways you can help right now:

• Make a donation to the International Mesothelioma Program – http: www.impmeso.org
a research group at Brigham & Women’s in Boston that is on the forefront of research to find a cure for mesothelioma.

• Help asbestos victims and raise awareness of existing asbestos health concerns by supporting the Asbestos Disease Awareness Organization at www.asbestosdiseaseawareness.org

• Learn more about the continuing use of asbestos in the developing world by visiting the International Ban Asbestos Secretariat – www.ibasecretariat.org/index.htm or reading Dangers in the Dust, a great investigative piece on this issue.

• Let your Congressman and legislators know you support an outright ban on asbestos-containing products in the United States. See www.banasbestos.us  for ways you can help.

It’s only through our efforts that we can influence our country and the rest of the world to discontinue use of this deadly substance.

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A White Christmas Just Like The Ones You Used to Know?

Posted on December 23, 2011 by admin

Remember some of those great snow scenes from the golden age of Hollywood? Fluffy white flakes floating down on the actors and sets at MGM, RKO and the other studios. Unfortunately, that snow effect often exposed the actors in those films to toxic asbestos fibers. Yes, asbestos was commonly used as fake snow in Hollywood films of the 1930s and 40s. In the 1939 classic, the Wizard of Oz, the cast and crew were exposed to dangerous asbestos fibers looking like snow in the poppy field scene. The magic mineral was also used for a snow effect in many other films including the 1942 hit film Holiday Inn. The final scene showed snow falling all around as Bing Crosby sang the popular Irving Berlin song White Christmas.

Interestingly, the snow scenes in  It’s a Wonderful Life did not use asbestos – not because of health concerns, but because of sound.  In addition to asbestos, bleached corn flakes were often added as a snow effect – which made it difficult to record dialogue.   Director Frank Capra asked his crew to design a new snow for the 1948 classic.  The result - a fire retardant foam gel, soap and water concoction which won its inventors an Academy Technical Achievement Award.

Fake asbestos snow was also sold for years as a Christmas decoration. Modern fake snow products no longer use asbestos, but for many years fake snow products were sold under names such as “Snow Drift”, “White Magic”, “Pure White” and “White Christmas”. Fake snow, however, was simply pure white asbestos fiber piled up in drifts around retail store displays or in people’s homes.

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Pearl Harbor Veteran Lived to Fight One More Battle

Posted on December 5, 2011 by admin

Shortly after dawn on the morning of December 7, 1941, 20 year-old Kentucky native,  James Earl Smith, was on deck of the USS Argonne as she was anchored at the number 1010 dock repair slip, U.S. Naval Station, Pearl Harbor, Hawaii – directly across from Ford Island and “battleship row.” The Argonne, flagship of the Pacific Fleet, had a commanding view of the entire harbor. For young James Smith, as well as thousands of other young American sailors, he was moments away from being hurled into one of the most infamous days in world history.

As James described in his own words:
“Early that morning while above deck, I noticed a military aircraft banking off in the distance followed by a series of explosions. We were under attack by forces of the Imperial Japanese Navy. Within minutes of the initial attack, the USS Argonne was firing its guns at enemy aircraft. I manned my battle station during the attack by feeding ammunition into one of those guns – a .50 caliber machine gun. Given our position in the harbor, I witnessed first-hand the tragedy unfold throughout that morning including the loss of countless American lives, the destruction of the battleship USS Arizona and the capsizing of the USS Oklahoma. It is a day that neither history nor I will ever forget.”

Entering the U.S. Navy in 1938 at age 18, James Smith remained in the Navy until 1950. He then re-enlisted and served our country again in the U.S. Air Force from 1950 to 1958 and was stationed at Amarillo Air Force Base, Amarillo, Texas for most of that time. In addition to his military service, James was an excellent husband, father and community leader.

In 2011, a full lifetime later, Mr. Smith fought another battle still as a result of his service to our country. Earlier this year, Mr. Smith was diagnosed with mesothelioma  – an incurable cancer caused by exposure to asbestos – a substance he was continually exposed to while serving in the U.S. Navy and U.S. Air Force. James Smith passed away from malignant mesothelioma in June of this year, surrounded by his loving family.

The risk for mesothelioma is particularly high for Navy veterans who served on board ship. In the close confines of a Navy vessel, sailors often received a concentrated exposure to asbestos that unfortunately can result decades later in tragic health problems, including mesothelioma and lung cancer. Throughout World War II, the Korean Conflict and the Viet Nam war years, the use of asbestos on Navy ships was so prevalent that few Navy veterans escaped exposure.

During the 1940s through the 1970s, Navy vessels were practically laced with asbestos. The dangerous substance was used to cover and insulate miles of steam pipes and fittings, some of which snaked only a few inches over the bunk beds in the men’s sleeping quarters. Sailors often lived on board the ships while routine maintenance was performed, which meant they could not avoid exposure to the dust as the asbestos pipe covering was replaced throughout the ship. Even when a sailor was not required to handle asbestos, the dust on board was sometimes inescapable.

Servicemen serving in other branches of the armed forces also were exposed to asbestos during this time period from a variety of duties. Veterans who served below deck such as machinist mates and firemen are at particular risk for the development of asbestos-related diseases. Aircraft mechanics also had exposure from performing brake repairs on certain military aircraft as well as in the engine and exhaust systems of certain planes. Aircraft wing and fuselage assemblies also sometimes utilized asbestos containing construction material. Similarly, motor pool mechanics from the 1940s through the 1970s may have had exposure to asbestos performing brake jobs and other maintenance work on jeeps, trucks, tanks and other equipment.

If you served in these environments, you should inform your doctor that you were likely exposed to asbestos while serving in the military and ask them to monitor you for asbestos-related disease. Diagnosing these illnesses early can truly save your life.

If you or a loved one have recently been diagnosed with lung cancer or mesothelioma and served in these working environments, there may be legal claims you can pursue and should consult an attorney.

To James Earl Smith, all current members of our armed forces and all our veterans – THANK YOU for serving in harm’s way in the defense of freedom and liberty. God bless you, your families and God bless America!

– Author: Ben DuBose
Ben has proudly represented hundreds of mesothelioma and lung cancer victims, including James Earl Smith, from WWII, Korea and Viet Nam, as well as from other professions, for more than 15 years.
DuBose Law Firm, PLLC 5646 Milton Street, Ste. 321, Dallas, TX 75206
Toll Free 877.857.2914 or 214.389.8199 www.DuBoseLawFirm.com
Ben DuBose is licensed to practice law in these states: TX, OK, PA.

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Posted on October 28, 2011 by admin

Current cancer treatment methods include chemotherapy treatments which a patient may or may not respond well to. Additionally, chemotherapy kills both good and bad cells. In the future, however, patients with mesothelioma  and other forms of cancer may receive medical treatment tailored to the genetics of their tumor.

Mesothelioma, a cancer of the lining of the lung, is caused by inhaling asbestos fibers. The human body has difficulty eliminating asbestos fibers. Over several decades, these fibers can cause genetic damage to occur.

Cancer centers such as the International Mesothelioma Program at Brigham & Womens are starting to adopt genetic testing of tumors to understand tumors at a molecular level. Gene testing seeks to identify specific genes that may mutate and promote growth of cancer cells. When a gene contains a mutation, then the protein that the gene encodes is abnormal.

If doctors can identify a specific broken or mutant gene to target in a cancer patient, doctors then may be able to silence or “turn off” the problem gene. Some cancer-causing genetic mutations switch the proteins that signals a cell to grow and divide —proteins called tyrosine kinases—to the permanent “on” position. Blocking tyrosine kinases has proven effective for treating certain human cancers including leukemia, breast cancer and non-small cell lung cancer.

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Ben DuBose Recognized by Thompson Rueters as a “Super Lawyer”

Posted on October 4, 2011 by admin

DALLAS, TX December 7, 2011 – Thompson Reuters, as published in Texas Monthly recognized Ben DuBose, of DuBose Law Firm, PLLC as a “Texas Super Lawyer” for the third year running in the October, 2011 Texas Monthly “Texas Super Lawyers” edition. In 2009 and 2011, Mr. DuBose was chosen as one of the “Best Lawyers in Dallas” by D Magazine.

A rigorous, multiphase process is used by Thompson Reuters in the selection of attorneys for Super Lawyers. Peer nominations and evaluations are combined with third party research. Additionally each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

Throughout his legal career, Mr. DuBose has practiced law with some of the nation’s most prominent law firms representing personal injury victims and consumers. He has represented mesothelioma victims from coast to coast for over fifteen years. He was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent recent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal.

“As a lawyer, I’m proud to be in my second decade of fighting for everyday Americans and continuing the struggle to deter corporate misconduct,” said Mr. DuBose.

Ben DuBose received his J.D., cum laude, from Texas Tech University School of Law. He is admitted to the bar and courts of Texas, Oklahoma, Pennsylvania and the United States District Courts for the Northern and Southern Districts of Texas as well as the U.S. Supreme Court. He is a member of the American Bar Association, American Association for Justice, Public Justice, Texas Trial Lawyers Association, Dallas Bar Association, Dallas Bar Foundation, Dallas Trial Lawyers Association and the State Bar College of Texas.

About DuBose Law Firm

The DuBose Law Firm, PLLC was formed to provide personalized legal services to mesothelioma and serious personal injury victims. Cases are carefully selected so that each case receives the exacting attention and care that these serious cases require. For more information about the DuBose Law Firm, visit www.DuBoseLawFirm.com.

Firm address:

DuBose Law Firm, PLLC, 5646 Milton Street, Suite 321, Dallas, Texas 75206

Toll Free: 877.857.2914

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Merlin Olsen Asbestos Lawsuit Settled

Posted on September 20, 2011 by admin

The family of former Los Angeles Ram and actor, Merlin Olsen, has settled a lawsuit with several asbestos companies alleged to have caused his mesothelioma diagnosis and death.

Attorneys for Olsen’s wife and three children filed a notice of settlement on Wednesday in Los Angeles without providing further details.

A member of the Los Angeles Rams’ “Fearsome Foursome” defensive line in the 1960s, Olsen died in March 2010 after battling mesothelioma.

Mesothelioma is a rare cancer of the lining of the lung caused by asbestos exposure. The period of time from the asbestos exposure until diagnosis is typically 30, 40 or 50 years. In Olsen’s case, his asbestos exposures likely occurred from construction jobs he held as a young man.

The former defensive tackle later appeared in the TV series “Little House on the Prairie” as well as commercials and NFL broadcasts.

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America Will Always Remember

Posted on September 14, 2011 by admin

The attacks of 9/11 and the lives lost that day were a tragedy beyond words. America will never forget those who died at the World Trade Center, the Pentagon and  the passengers of United Airlines Flight 93 over Pennsylvania. We also will forever remember the bravery of our fire fighters, police, rescue workers and other first responders as they charged into the World Trade Center to help save lives and worked tirelessly cleaning up the debris from ground zero.

Many of these workers also became victims of the 9/11 attacks themselves. Some ground zero workers became ill after inhaling toxic-contaminated dust while working at the site. The toxic dusts present in the ground zero rubble included: asbestos, heavy metals and various chemicals such as benzene from burning jet fuel, dioxins and PCBs. Exposure to such toxins can result in numerous respiratory diseases as well as cancer such as mesothelioma and other reproductive and neurological disorders. Many environmental illnesses have a long latency period. So, it may be decades before we know the full extent of the harm caused by the events of that day.

Let us never forget those who perished in the attacks 10 years ago and help us to thank and honor those workers who were willing to put themselves in harm’s way in order to save lives.

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Asbestos Cancer Deaths Rising in UK

Posted on August 23, 2011 by admin

New research from BBC Look East, a branch of the British Broadcasting Corporation, indicates that asbestos-related cancer deaths, such as mesothelioma  and lung cancer, are at record levels in England.  They are expected to continue to rise for the next five years.

Since the 1980s, the male death rate from mesothelioma has increased more than four-fold in England to a current level of approximately 66.4 per million in recent years. 

Asbestos was used extensively in building materials throughout the UK up to 1999, when the material was finally banned. 

An outright ban on the use of asbestos in the U.S. still does not exist, primarily due to powerful lobbying by asbestos companies.  Tragically, asbestos construction products are in wide use today in developing countries such as India, Mexico and China.

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An Oncologist Writes ‘Biography of Cancer’

Posted on July 12, 2011 by admin

 The Emperor of All Maladies , a book by American oncologist, Siddhartha Mukherjee, is a “biography” of cancer – from its first documented appearance in ancient Egypt through the epic battles by contemporary science to cure, control and conquer this most dreaded disease. The book accomplishes a truly difficult task – describing the development of medical fields in a gripping and fascinating way as medicine has fought through the ages to save cancer victims. The ground breaking work of Sir Richard Doll, Austin Bradford Hill, Sydney Farber and many others are recounted.

Asbestos as a carcinogen, as well as the diseases it causes – mesothelioma, lung cancer and asbestosis, are discussed in some detail in the book.  The excerpt below explains the inhalation of an asbestos fiber and carcinogenesis – the moment the disease process begins.

By the early 1990s, cancer biologists could begin to model the genesis of cancer in terms of molecular changes in genes. To understand that model, let us begin with a normal cell, say a lung cell that resides in the left lung of a forty–year-old fire-safety equipment installer. One morning in 1968, a minute sliver of asbestos from his equipment wafts through the air and lodges in the vicinity of that cell. His body reacts to the sliver with an inflammation. The cells around the sliver begin to divide furiously, like a minuscule wound trying to heal, and a small clump of cells derived from the original cell arises at the site.

In one cell in that clump an accidental mutation occurs in the ras gene. The mutation created an activated version for as. The cell containing the mutant gene is driven to grow more swiftly than its neighbors and creates a clump within the original clump of cells. It is not yet a cancer cell, but a cell in which uncontrolled cell division has partly been unleashed – cancer’s primordial ancestor.

The cell division then continues on for decades. Asbestos diseases such as mesothelioma  and lung cancer take 30, 40 or 50 years from the time of exposure before the cancer manifests itself. In the excerpt above, the firefighter lived for decades without knowing anything about the cell changes going on inside his body until 36 years later he became increasingly short of breath, had medical tests run and was diagnosed with lung cancer.

The Emperor of All Maladies is riveting book which provides often surprising glimpses into the history of cancer as well as a promising outlook for the future of cancer treatment.  If you or a loved one have been touched by cancer, or if you are interested in medical or environmental issues, The Emperor of All Maladies is a must read book.  

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Hot Coffee – Is Justice Being Served?

Posted on June 24, 2011 by admin

Is justice being served? For decades you’ve heard a constant call for tort reform. But what does that really mean and what is the impact on our courts and your rights? Hot Coffee, an HBO documentary, challenges the popular belief that our courts are flooded with frivolous lawsuits. Each story has 2 sides – hear the viewpoint of consumers, workers and small businesses by watching Hot Coffee – Monday, June 27th at 8:00 pm CST on HBO.

Click here for Hot Coffee trailer  

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