Posts Tagged ‘dallas mesothelioma lawyer’

Fed Health Study Re Dallas WR Grace Plant

Thursday, January 28th, 2010

A  Dallas, Texas vermiculite expansion facility operated by W.R. Grace was examined in a 2005 study by the  Agency for Toxic Substances and Disease Registry (ATSDR).  The Dallas facility operated from 1953 to 1992 and resulted in asbestos exposure to the employees and likely to the adjacent residential neighborhood. Inhalation of asbestos fibers can cause numerous cancers including malignant mesothelioma and lung cancer. 

Vermiculite, a naturally occurring mineral, can be contaminated with asbestos depending on the geographic origin of the mineral.  Libby, Montana vermiculite was contaminated with asbestos.   The Libby mine produced asbestos contaminated vermiculate from the 1920s until 1990.   Libby vermiculite was then shipped across the country by rail to numerous expansion facilities where the mineral was expanded or “popped” under heat much like  pop-corn.  Expanded vermiculite had numerous commercial applications attic insulation and potting soil. 

The ATSDR study notes that over 396,000 tons of Libby vermiculite were processed at the Dallas W.R. Grace/Texas Vermiculite Company facility in west Dallas. 

Recommendations of the ATSDR study include: 1) improving public awareness of former employees and neighborhood residents of potential past asbestos exposures during the 1953 to 1992 time period; and  2) increase public awareness of the potential for asbestos exposure from waste rock that may have been brought home from the plant for personal use. 

The ATSDR study recommends that individuals who may have past asbestos exposures should inform their regular physician of their asbestos exposure or consult a physician with experience in asbestos-related lung disease.  The ATSDR fact sheet concerning the WR Grace Dallas plant can be found at www.atsdr.cdc.gov/Asbestos/sites/national_map/fact_sheets/dallastx.html as well as the full study at www.atsdr.cdc.gov/Asbestos/sites/health_consultations/dallastx.html. 

Ben DuBose Named a 2009 Texas “Super Lawyer” by Texas Monthly

Thursday, December 31st, 2009

Ben DuBose, of DuBose Law Firm, PLLC, has been recognized by Law & Politics Media and Texas Monthly as one of the select “Texas Super Lawyers” for 2009.   Earlier this year, Mr. DuBose was chosen as one of the “Best Lawyers in Dallas” by D Magazine. In 2005 he was honored by Law & Politics Media and Texas Monthly magazine as a “Rising Star of Texas Law.”

In selecting attorneys for Super Lawyers, Law & Politics Media employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement.

During 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 obtained significant results for hundreds of mesothelioma victims from coast to coast for over a decade. Mr. DuBose has led the way to discover the asbestos-containing properties of many products previously unknown in asbestos litigation. He was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent unsafe asbestos abatement practices in the case of Families for Asbestos Compliance, Testing and Safety v. City of St. Louis as well as recent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal.

“My goal as an attorney has always been to help people receive the justice they deserve. I’m honored to have had the opportunity to help injured victims and their families throughout my career,” 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, Pennsylvania, the U.S. Supreme Court and the United States District Court for the Northern District of Texas. 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 ensuring victims are adequately compensated for their losses and defendants are held accountable for their actions. While mesothelioma litigation is the primary practice area of the firm, other severe personal injury and wrongful death cases are also represented. Cases are carefully selected to make certain that each case receives the exacting attention and care that these serious cases require

 

Ben DuBose Recognized by D Magazine as One of the Best Personal Lawyers in Dallas

Friday, May 1st, 2009

 

DALLAS, TX May 1, 2009 – Ben DuBose, of DuBose Law Firm, PLLC, has been recognized by his peers as one of the  “Best Personal Injury Lawyers in Dallas”  in the May 2009 D Magazine “Best Personal Lawyers in Dallas” edition.  In 2005 he was also honored  by Law & Politics Media and Texas Monthly magazine as a “Rising Star of Texas Law”.

 

During 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 obtained significant results for hundreds of mesothelioma victims from coast to coast for over a decade. Mr. DuBose has led the way to discover the asbestos-containing properties of many products previously unknown in asbestos litigation. He was also part of a legal team working with Trial Lawyers for Public Justice seeking to prevent unsafe asbestos abatement practices in the case of Families for Asbestos Compliance, Testing and Safety v. City of St. Louis as well as recent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal.

 

“I became a lawyer to help individuals receive the justice they deserve. Fortunately, I’ve had the opportunity to help injured victims and their families throughout my career,” 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, Pennsylvania, the U.S. Supreme Court and the United States District Court for the Northern District of Texas. 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 ensuring victims are adequately compensated for their losses and defendants are held accountable for their actions. While mesothelioma litigation is the primary practice area of the firm, other severe personal injury and wrongful death cases are also represented. Cases are carefully selected to make certain 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.

Earth Day and Asbestos

Wednesday, April 22nd, 2009

Earth Day, celebrated April 22nd, is a day designed to inspire awareness and appreciation for the Earth’s environment. U.S. Senator Gaylord Nelson helped establish the first Earth Day as an environmental teach-in in 1970 in response to growing environmental concerns of the time. 

In the decades following World War II, a vast array of chemicals and other toxic substances were introduced into the manufacturing and construction sectors on an unprecedented scale.  Many of the health risks associated with these toxins remained unknown to the general public and often hidden from workers.   However, by the late 1960s, some visible signs of pollution began to manifest themselves: polluted rivers, streams, and unclean air began to alarm average Americans. 

A groundswell of concern about the environment led to the first observance of  Earth Day on April 22, 1970.    The goal of the demonstrators was to establish a healthy, sustainable environment.

Twenty million demonstrators and thousands of schools and local communities participated in that first event.  Senator Nelson directly credited the first Earth Day with persuading U.S. politicians that environmental legislation had a substantial, lasting constituency. Many important laws were passed by Congress in the wake of the 1970 Earth Day, including the Clean Air Act, the creation of the United States Environmental Protection Agency (EPA) and the creation of the Occupational Safety and Health Administration (OSHA). 

One of the first toxic substances to be regulated by both OSHA and the EPA was asbestos.  While a natural mineral, asbestos is also a deadly substance which gained widespread use in the 20th Century as an ingredient in thousands of different construction products and everyday household items. Most people working with the “magic mineral”, as asbestos was commonly called, had no idea of its potential danger. Many companies and manufacturers did know, however, and failed to inform and protect workers, their families and the public. 

With the creation of the EPA and OSHA, great progress was made to protect workers and the  public from the hazards of asbestos.  However, because asbestos was such a common construction material it still poses a very real health hazard even in 2009 in existing buildings, homes and sadly as recent studies have shown – even in modern children’s toys and other household items which have still been sold in recent years.   The attacks of 9/11 and the destruction of the twin towers also unleashed massive amounts of asbestos dust which showered down from the buildings onto rescue workers and residents of Manhattan.  The full magnitude of the harm caused by those attacks may not be known for decades. 

The cancers caused by asbestos, including mesothelioma and lung cancer, may not develop until 15 to 50 years after an  individual is exposed to asbestos.   Therefore, even with the protections established by OSHA and the EPA,  Americans will continue to develop asbestos related diseases for decades.  An estimated 2,500 to 3000 Americans develop mesothelioma every year.

Despite the creation of the EPA, OSHA and other state and federal asbestos regulations, you may be shocked to learn that asbestos has yet to be banned in the United States.  Congress can and should pass legislation to ban asbestos-containing products and fund educational and research programs. 

So, on this Earth Day, take a moment to continue the march towards a safer environment and to help fellow Americans suffering from asbestos disease.  Ways you can help right now:

      Make a donation to the International Mesothelioma Program, 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 still existing asbestos health concerns by supporting the Asbestos Disease Awareness Organization at www.asbestosdiseaseawareness.org

      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. 

Tremendous strides have been made over the last four decades to improve our air, water and workplace hazards, but much work remains to be done. Challenge yourself to get involved. 

DuBose Law Firm, PLLC represents mesothelioma victims that have been exposed to asbestos.  Dallas mesothelioma lawyer, Ben DuBose,  has also fought for a better environment by opposing recent attempts to weaken asbestos abatement standards.   

 

 

.

 

Asbestos found at the Smithsonian

Monday, March 16th, 2009

Washington D.C. -  In 2008,  the National Air and Space Museum gathered a group of workers for a safety briefing concerning asbestos safety.  During that meeting, the museum’s safety coordinator said something that Richard Pullman thought at first he’d misheard: There was asbestos in the museum walls.

Asbestos is a naturally occurring mineral which was widely used in construction products during the 20th century.  Airborne asbestos can cause a wide range of diseases including mesothelioma, a cancer of the lining of the lung, as well as lung cancer and asbestosis.

Pullman, a 53-year-old lighting specialist, had worked in the building for 27 years, frequently cutting into interior walls to install and update artifacts at one of the world’s most visited museums.

Within weeks, Pullman filed a  federal workplace safety complaint.  He also experienced shortness of breath which lead him to see a lung doctor, who diagnosed asbestosis, a lung disease linked to breathing asbestos fibers.

Pullman and the museum are now engaged in a dispute about the danger posed by asbestos dust in the building. Smithsonian Institution officials acknowledge the presence of asbestos in some areas of the museum.  However, the museum has removed the substance from several areas of the building and it contends all dust sampling established levels of airborne asbestos below permissible levels.

The Smithsonian Air and Space Museum was built in the early 1970s.  “During the early and mid 1970s, drywall joint compounds and texture products still contained asbestos as an ingredient” states Dallas mesothelioma lawyer Ben DuBose.  “Not until 1977 or 1978 did most joint compound manufacturers eliminate asbestos from this very common residential and commercial construction product” says DuBose.

For more information on Pullman’s claims against the Smithsonian see: www.washingtonpost.com/wp-dyn/content/article/2009/14/AR2009031402177.html

Asbestos Abatement of National Guard Building

Friday, March 13th, 2009

A National Guard building located in Woonsocket, Rhode Island has been cited for demolition and will soon be rid of asbestos-containing materials. The National Guard is in the process of accepting bids for both the removal of the dangerous materials as well as the demolition of the building.

Asbestos-containing products were commonly used in the construction of residential, commercial and industrial buildings and facilities as recently as the late 1970’s. Despite usage regulations and laws governing use of asbestos in the work-place, this toxic substance is still not banned in the United States. Asbestos fibers can cause an incurable and fatal cancer of the lining of the lung known as malignant mesothelioma as well as lung cancer and asbestosis.

Dallas mesothelioma lawyer, Ben DuBose, has worked with the public interest law firm, Trial Lawyers for Public Justice, in recent years to ensure that the EPA does not lower the current abatement protocols that govern the demolition of buildings such as the National Guard building in Woonsocket.

According to officials, the building is located in close proximity to an area school, but the National Guard has stated that signs are posted acknowledging the presence of asbestos and that the building is secure.

Officials have not yet set a date for when the asbestos abatement and subsequent demolition are expected to take place.

Day at the Beach May Include Asbestos

Thursday, March 12th, 2009

A new report says very low levels of asbestos found at Illinois Beach State Park do not pose a risk to those who use the park.

But a Congressional subcommittee is investigating claims that the federal agency that did the study has, in the past, committed scientific fraud.


At Illinois Beach State Park, near Zion, investigators for the EPA donned protective suits in September 2007 to play volleyball. But it was no ordinary day at the beach for the 20 members of the National Emergency Response Team. They were testing for asbestos fibers in the sand and air at the 6-acre park, which borders Lake Michigan near Zion.

In late 1997, pieces of transite pipe, siding, and roofing materials suspected of containing asbestos were found scattered along the beach. 

Other potential sources of asbestos now found in the beach sand include:

  • The Johns-Manville site immediately south of the Park. This plant manufactured a variety of roofing, flooring, wall covering, and insulating materials since 1922. The raw materials used at Johns-Manville include Portland cement, asphalt, paper, and asbestos.
  • Fill sand used at the Park. Commonwealth Edison performed dredging operations at its Waukegan Generating Station, and the dredged material, mainly sand, was used for beach nourishment at the Park and the Commonwealth Edison Zion Station. This material may have been contaminated with ACM.
  • A former rifle range in the Camp Logan area. The rifle range was built for the 1959 Pan American games and contained a large berm built with factory waste material donated by Johns-Manville. Wave action may have destroyed this berm that also potentially contained ACM.

A new health analysis by the Agency for Toxic Substances and Disease Registry (ATSDR) — an arm of the Centers for Disease Control — says “….recreational use of the beach is not expected to harm people’s health” according to an ATSDR press release.

The results were a year and a half in coming, even after findings were supposed to be released prior to last summer’s beach season.

A 60-day public comment period on ATSDR’s Health Consultation report began March 9th.   ATSDR and partner agencies will soon announce a public forum to be held near the park in April or May.

Environmental groups are skeptical of these findings given the asbestos containing materials that frequently wash ashore and alleged issues with ATSDR findings in the past – concerns which are now being examined by the U.S. House of Representatives Science and Technology Committee’s Investigations and Oversight Subcommittee. 

WR Grace Asbestos Trial Makes Twitter

Wednesday, March 11th, 2009

W.R. Grace & Co.’s alleged efforts to cover up the spread of deadly asbestos contamination from its Libby, Mont., mining operations are now Twitter fodder, thanks to a joint effort of University of Montana’s law and journalism students. 

Grace Case is not only a blow-by-blow blog of the country’s largest-ever environmental crimes trial, it offers a repository of case documents, analysis of legal issues, a collection of profiles of the main players and link to a multi-media documentary entitled “Living with Grace,” a masters thesis by graduate student Kristine Paulsen.

Libby residents suffer from extremely high rates of mesothelioma and other asbestos diseases as a result of the W.R. Grace Vermiculite mine located in the mountains above the small town.

Dallas mesothelioma attorney, Ben DuBose, has represented several mesothelioma victims exposed to the Grace vermiculite. 

For more information about the University of Montana’s Grace Case blog see www.blogs.wsj.com/bankruptcy/2009/03/11/montana-students-twitter-grace-case/

W.R. Grace Criminal Trial Postponed

Tuesday, March 10th, 2009

MISSOULA, Mont. — the W.R. Grace & Co. asbestos environmental crimes trial was delayed yesterday by a juror’s illness, but with the jury absent, defense lawyers sought to exclude the expert testimony of another government witness.

The W.R. Grace vermiculite mine just outside of Libby Montana exposed residents of the town to asbestos for decades.  The local vermiculite is contaminated with asbestos.  Grace shipped the asbestos contaminated vermiculate all over the United States for resale in a long list of consumer and construction products. 

 Dallas mesothelioma lawyer, Ben DuBose, has represented clients exposed to the Grace vermiculite.  DuBose states “tragically, Libby residents suffer from an unusually high rate of asbestos disease and asbestos related deaths, including an abnormally high rate of the rare disease malignant mesothelioma.”

U.S. District Judge Donald Molloy excused jurors for the morning Monday to determine whether an alternate juror would need to be selected but told lawyers to meet back in the courtroom after lunch.

The Columbia, Md.-based global chemical company and five individual defendants filed a motion Sunday to exclude the expert testimony of Dr. Aubrey Miller, an investigator with the U.S. Environmental Protection Agency and a key witness for the prosecution.

The defense was successful earlier in limiting the testimony of another key witness, Paul Peronard, who served as the EPA’s onsite coordinator in Libby after the town’s asbestos contamination came to light a decade ago.

Grace’s lawyers said Miller, as with Peronard, should not be allowed to discuss issues of public endangerment because “it does not fit the legal issue that the Government hopes to prove through its introduction at trial” — that the defendants placed others in imminent danger by causing releases of asbestos into the air after Nov. 3, 1999.

The company and five one-time Grace officials are charged with a federal conspiracy involving Clean Air Act violations and obstruction of justice.

At issue in the trial is whether the company and its top employees knew they endangered the community of Libby by mining the asbestos-laced ore, and whether they did so in violation of federal law.

Mesothelioma Bill Introduced in Texas Legislature

Thursday, March 5th, 2009

Dallas, Texas – A  bill making its way through the Texas Legislature would create a new standard for malignant mesothelioma victims to prove that their injuries were caused by exposure to asbestos containing products. The bill (Senate Bill No. 1123 and House Bill 1811) was filed jointly last week by members of  the Texas State Senate and House of Representatives.

“This bill would protect the rights of Texas mesothelioma victims by establishing a fair legal standard which is in-line with the mainstream scientific community,” said Texas mesothelioma attorney Ben DuBose of DuBose Law Firm, PLLC.

Mesothelioma is a deadly form of cancer caused by exposure to asbestos that can attack the lining of the lung, abdomen and heart. Thousands of individuals in the United States are diagnosed with mesothelioma every year as a result of asbestos exposure that occurred in the work place, while serving in the military or unfortunately even at home – from a family member bringing the asbestos dust home on their clothing or from household items and materials that contained asbestos.

 The The current causation standard in Texas is based on a review of the dose requirements for the development of asbestosis.  If enacted by the Texas Senate and House of Representatives, the new bill would provide for a different causation standard for mesothelioma victims.

“Asbestosis is a scarring of the lung caused by years of daily occupational exposure to asbestos. Typically, at least five years of daily occupational exposure to asbestos is necessary for the development of asbestosis. But with mesothelioma, there is no safe level of exposure  – even short or brief non-occupational exposure – is sufficient to cause the disease,” said DuBose.

The new Texas bill would remove the requirement for mesothelioma claimants “to prove, for any purpose, a quantitative dose, approximate quantitative dose or estimated quantitative dose of asbestos fibers to which the exposed person was exposed” in order to meet the standard of causation. Additionally, the law would allow defendants to establish the liability of other responsible parties under the same causation standards as the plaintiff.