Mesothelioma Asbestos Lawyer, DuBose Law Firm, PLLC

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Ben Dubose

Ben DuBose has over eighteen years of asbestos and serious personal injury litigation experience, successfully fighting for hundreds of mesothelioma victims in courts throughout the United States

Suit Filed on the EPA to Strengthen Asbestos Regulations

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Eleven attorneys general covering the District of Colombia and ten states went to court with a suit filed on the EPA for more stringent asbestos regulations. Though the Environmental Protection Agency (EPA) announced a restrictive rule on asbestos in April, they did not ban the deadly substance. The suit filed would force the EPA to proclaim a new, and more thorough, asbestos reporting rule after the EPA denied a petition to gather more data on asbestos.

Asbestos danger leads to suit filed on EPA
No safe level of exposure

California Attorney General Xavier Becerra said in a release addressing the suit filed on the EPA, “It is widely acknowledged that asbestos is one of the most harmful and toxic chemicals known to humankind. While it’s troubling that we must once again take the EPA to court to force the agency to do its job, we won’t pull any punches. There’s too much at stake to let the EPA ignore the danger that deadly asbestos poses to our communities.”

Dangers of asbestos

Asbestos was widely used in a multitude of situations, including construction, mining, shipbuilding, and fireproofing. Use of the material was mostly banned by the end of the 1970s. However, it still exists in homes, businesses, schools, and commercial buildings constructed before 1980. There is no safe use, so proponents for a complete ban have been active for many years.

While its benefits for insulation and fireproofing made it a prime component of construction, its tiny fibers – when disturbed – are easily inhaled by workers or anyone in the vicinity. Asbestos still kills thousands of people each year – some who were exposed 50 years ago due to its long latency period. This can show up in mesothelioma, lung cancer, and asbestosis.

The April EPA rule

This rule was the first EPA action on asbestos use in 30 years, but critics claim that it could still allow some asbestos products to be reintroduced in the market. Alexandra Dapolito Dunn, assistant administrator of the EPA’s Office of Chemical Safety and Pollution Prevention stated, “If there is any unreasonable risk, the EPA will regulate, and our regulation could take the form of a ban.” But Democrats want to see action – meaning a full ban, not more rules that they perceive as loopholes to asbestos use.

Melanie Benesh, legislative attorney at the Environmental Working Group, wrote, “This new rule makes it more difficult for industry to resume some abandoned uses of asbestos, but that is a half-step at best.” An outright ban “is the only way the public can trust industry will never again be able to use this dangerous material that has literally killed tens of thousands of Americans.”

States in suit filed on the EPA

The ten states suing include: California, Connecticut, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Washington, and the District of Columbia.

The Construction Industry Under the Fair Labor Standards Act (FLSA)

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Businesses involved in the construction industry are engaged in the activities of new construction or reconstruction. The repair or renovation of existing commercial and/or residential structures, as well as roadway and bridge construction, are also a part of this industry. The following work activities are included in the construction industry: painting, sandblasting, tuckpointing, roofing, guttering, spouting, water well drilling, installation of flooring and landscaping. 

Requirements for construction industry 

Employers who are covered under the FLSA must comply with the recordkeeping requirements of Regulations, 29 CFR Part 516.

Also, an employer must establish a workweek (7 consecutive 24-hour periods) and must pay overtime when hours worked exceed 40 in the workweek. The practice of paying overtime only after 80 hours in a bi-weekly pay period is illegal since each workweek must stand alone. 

For non-exempt employees, covered employers must pay the Federal minimum wage and time and one half the regular rate of pay for time worked over 40 hours in a workweek. These businesses must also be aware of the potential for violations of the youth employment requirements of the FLSA. This is especially critical due to the dangerous nature of both the work performed and the tools used in this industry.

If the employer performs work on a federally financed project or a project in which the Federal government has provided assistance in financing the project, a different and somewhat stricter set of labor standards applies. Typically, this would require that employees performing on such contracts be paid a “prevailing wage rate”.

Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment by their employer. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire someone at the youth minimum wage.

Typical Problems

(1) Failure to record all hours actually worked to include time spent working before or after the shift. (2) Shorting of hours by using terms such as down time or rain delay. (3) Failure to compensate for meal breaks where the employee is not completely relieved of all duties to enjoy uninterrupted time for the meal. (4) “Banking” of overtime hours or payment of overtime in the form of “comp time”. (5) Failure to combine the hours worked for overtime purposes by an employee in more than one job classification for the same employer within the same workweek. (6) Failure to segregate and pay overtime hours on a workweek basis when employees are paid on a bi-weekly or semi-monthly basis. (7) Failure to pay for travel from shop to work-site and back. 

Other Pertinent Labor Laws

(1) The Immigration Reform and Control Act requires employers to complete and maintain I-9 forms to verify the employment eligibility of all individuals hired after November 6, 1986. (2) The Wage Garnishment Law limits the amount of an individual’s income that may be garnished and prohibits firing an employee whose pay is garnished for a single debt. (3) The Employee Polygraph Protection Act prohibits most private employers from using any type of lie detector test either for pre-employment screening or during the course of employment. (4) The Family and Medical Leave Act requires covered employers to provide eligible employees up to 12 weeks of unpaid, job-protected leave each year for specified family and medical reasons. (5) The Davis-Bacon and Related Acts require payment of prevailing wages on federally funded or assisted construction projects.

Do You Know the History of July 4th Celebration?

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Most know that the 13 colonies of the United States broke ties with English governance on July 4, 1776; but do you know the history of July 4th celebration?

History of July 4th celebration

From 1763 until 1775 the colonists found their rights as English citizens taken away by the British. This led to unrest and actual fighting from April of 1775 until July 2, 1776.
After this year of conflict between the colonies and Britain, Philadelphia hosted the Second Continental Congress beginning in May of 1775. The famous resolution that came from this congress was a statement by Richard Henry Lee of Virginia. “Resolved: That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, totally dissolved.”

Thus began the movement to create an official Declaration of Independence. It did not happen immediately as seven of the colonies voted to postpone this draft. Though postponed, five men were appointed to prepare a document that showed the world the case for this break with England. The five men on this committee were John Adams of Massachusetts, Roger Sherman of Connecticut, Benjamin Franklin of Pennsylvania, Robert R. Livingston of New York, and Thomas Jefferson of Virginia who was appointed to prepare the actual document.

The Second Continental Congress gathered again on July 1, 1776, where it adopted the Lee Resolution on July 2nd. At that time, 12 of 13 colonies approved the document, with New York abstaining.

How did July 4th become a national holiday?

After two more days of further discussion, there were 86 changes made in Jefferson’s document including removal of his condemnation of Britain’s slave trade. Overall, the message and spirit of the document did not change. Late afternoon on July 4th the Declaration of Independence was officially adopted. Nine of the 13 colonies voted “yes”, Pennsylvania and South Carolina voted “no”, Delaware was undecided, and New York abstained. On July 9th, New York added its vote for the Declaration. With this signing, the “rebellion” against Britain became a “revolution”. Though it passed on July 4th, it was not signed until August 2, 1776. The final signer, Thomas McKean of Delaware, did not sign until 1781. The American Revolution ended in 1783.

Congressional acceptance and signing, however, did not end the controversy – nor did the end of the American Revolution. By the 1790s, a partisan rivalry was in progress and the Declaration was a focus point for division. The Democratic-Republicans still believed the Declaration to be right and necessary, while the Federalists believed it to be too French and too anti-British. In 1817, John Adams wrote a letter asserting that America seemed uninterested in its past. That changed with the War of 1812 which influenced the political scene into the 1830s. By then the Federalist party disintegrated and the general mood of the country supported Jefferson and the Democratic-Republicans. A printing of 200 copies of the Declaration circulated throughout the country with July 4, 1776 shown at the top. Adding to the patriotic feelings toward the July 4th date were the deaths of Thomas Jefferson and John Adams on July 4, 1826, the 50th anniversary of acceptance for the Declaration.

It was 1870 when the United States congress declared July 4 a national holiday, followed by further legislation on observance of the day in 1939 and 1941.

The full Declaration of Independence can be read here and the original document can be viewed in Washington, D.C. at the National Archives.

Test your knowledge

Here is a quiz for your knowledge of this holiday – and perhaps a trivia contest for your family gathering – a fun way to learn more of our country’s history.

A New Treatment Doubles Mesothelioma Survival Rates

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A study at the University Hospital of Udine, Italy found that radical hemithoracic radiology, a new treatment doubles mesothelioma survival rates. The patients studied had cancers that were unable to be totally removed with surgical procedures. Mesothelioma patients generally live a year or, more rarely, up to two years. In this study of 108 patients, half were randomly selected to receive the new treatment and half the more palliative radiotherapy. Of those receiving the new, 58% were still living at two years. Of patients who received the more palliative radiotherapy, only 28% were still living at two years.

Mesothelioma and asbestos

The relationship between asbestos and mesothelioma is well known. The fibers from asbestos – smaller than a human hair – can embed in the layers of tissue surrounding the lungs. Not everyone exposed to asbestos contracts the disease, but it’s always a possibility. It’s an aggressive and fatal cancer that can take up to 50 years for a diagnosis. Current treatments are limited, so all new strides deserve a celebration.

Radical hemithoracic radiology a hopeful improvement for survival

Marco Trovo, MD, leader of the study and Chief of the Radiation Oncology Department at the University Hospital said, “There is an urgent need for more effective treatments for mesothelioma. Surgery can be given to these patients, but it is often impossible to remove all of the tumor. Patients with mesothelioma are sometimes given radiotherapy to help control their symptoms. However, radiotherapy has evolved dramatically in the last few years, so we wanted to see if it could now be used to prevent the cancer from spreading to nearby tissue, hopefully bringing improvements in survival.”

About 20% of the new radical treatment patients did develop radiation pneumonitis as a side effect. Professor Umberto Ricardi, President of ESTRO and head of the Department of Oncology at the University of Turin, Italy stated, “This is an extremely positive result that brings good news to patients with this rare and difficult-to-treat cancer. To ensure these patients benefit from this type of treatment, it’s important that they are referred to a specialist cancer centre with the right expertise and equipment to carefully plan and deliver the most effective radiotherapy treatment and manage any side effects that occur.”

New treatment doubles mesothelioma survival

Dr. Trovo said, “This research shows a clear survival benefit in using this type of radiotherapy for [patients with] mesothelioma whose tumors can only partially be removed by surgery. We believe that this should be considered the new standard of care for these patients.”

He believes that even longer survival rates could be made by using the new radiation technique followed by an immunotherapy technique that uses the patient’s immune system to target and fight the cancer cells. Creative scientific studies continue throughout the world with the goal of curing the deadly disease.

First New Mesothelioma Therapy Approved by FDA in Over 15 Years

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The first new mesothelioma therapy approved by the FDA is based on a trial. In this single-arm STELLAR trial, the median overall survival rate was 18.2 months with patients with unresectable, locally advanced or metastatic malignant pleural mesothelioma who received TTF plus chemotherapy. This combination of treatments comprises the NovoTTF-100L System along with pemetrexed and platinum-based chemotherapy for front-line treatment.

History of new mesothelioma therapy

Bill Doyle, executive chairman of Novocure, the developer of NovoTTF-100L stated, “Since 2000, we have been developing and commercializing Tumor Treating Fields (TTF) to extend survivals in some of the most aggressive forms of cancer. FDA approval of NovoTTF-100L provides patients with the first FDA-approved treatment for MPM in more than 15 years and, as our first FDA-approved torso cancer indication, marks a major milestone for Novocure. We are thankful for the patients, caregivers and health care providers who partnered with us to make this possible.”

What is malignant pleural mesothelioma (MPM)?

Strongly linked to asbestos exposure, MPM is a rare malignancy. Approximately 3,000 people are diagnosed with MPM each year in the US. This new therapy is welcome news as there was only one FDA-approved therapy prior to the NovoTTF-100L approval. That treatment consisted of pemetrexed plus cisplatin.

In addition to extending life, this new mesothelioma therapy approved by the FDA, is noninvasive, delivering TTF directly to the region of the tumor. No increase in serious systemic wide effects were noted with this new therapy.

Results showed patient overall survival at:
• 21.2 months for epithelioid malignant pleural mesothelioma (53 patients)
• 12.1 month for non-epithelioid malignant pleural mesothelioma (21 patients)
• 62% of those in the STELLAR study were alive at one year.
• Disease control when at least one CT scan was given as a follow-up was 97% (72 patients).

Mary Hesdorffer, NP, executive director of the Mesothelioma Applied Research Foundation, said “MPM is a devastating disease, with only 10 to 20 percent of patients being candidates for surgery to remove the tumor. Typically, mesothelioma patients who cannot have surgery receive palliative care to mitigate their symptoms. NovoTTF-100L provides unresectable MPM patients with a treatment option that may improve survival. We are encouraged by the FDA approval and hope it is just the beginning of innovation in the treatment of this aggressive disease.”