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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

Martin Luther King, Jr. – A Voice of Wisdom

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Speaking with a voice of wisdom and reason, Martin Luther King, Jr. led the civil rights movement from 1955 until he was tragically assassinated in 1968.  A Baptist preacher and activist, King was a recipient of the Nobel Peace Prize for using nonviolent resistance to combat racial inequality.

Why nonviolence?

Dr. King had a strong Christian upbringing and faith that influenced his method of gaining equality for black Americans. He was also influenced by the nonviolent movement of Mahatma Gandhi. He chose peaceful marches, boycotts, and protests over riots. He concentrated on facts but also engendered feelings of possibilities and a new future.

His voice of wisdom

In his “I Have a Dream” speech, he pointed out the Emancipation Proclamation freed millions of slaves in 1863. Yet in 1963 when he delivered this speech, he reminded everyone “one hundred years later, the Negro still is not free”. He spoke of leaving behind the years of slavery and hatred and working forward to a land of freedom and equality.

The theme of dreams were not new in his speeches. In a 1960 speech to the National Association for the Advancement of Colored People (NAACP), he pointed to the gap between reality and the American dream. Though King’s speeches had a poetic cadence that enticed his listeners, he didn’t shy from criticizing white supremacists, federal government and state governments and the lack of progress made.

A keen strategist 

King was also a master of strategy and logistics. He planned marches, protests, and opportunities for speaking for maximum results. Colleges, religious gatherings and conferences, in addition to protests, were openings to speak. He made the most of these occasions by speaking to a broader audience. He also spoke with his voice of wisdom to the heart and soul of America as he reminded us of words spoken by Jefferson and Lincoln and the American Dream for all.  

Violence in the midst of peace

Tragically, this wise and peaceful man was killed by an assassin. His life ended far too soon. But the results of his efforts are many, including the passage of the Civil Rights Act of 1968 just days after his death. 

Many did not appreciate Dr. King at the time of his death.  Sadly, a significant portion of America viewed him at the time as a troublemaker.  However, in the decades since his death, his legacy and stature have only grown. He is rightfully recognized today as a great American and champion of peace and equality. His towering speeches now live as an inspiration to generations of Americans born after his passing.

In this difficult time for our nation, America would do well to remember Martin Luther King, Jr. and his nonviolent, yet forceful, means of appealing to our better angels.

Record Decline in U.S. Cancer Death Rates

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According to a report by the American Cancer Society, data from 2017-2018 shows a record decline in U.S. cancer death rates – a drop of 2.4%. The year 2016-2017 cancer deaths dropped 2.2%. In general, the death rate has been declining since 1991 – a decline of 31% from 1991 to 2018. Death rates also decreased for prostate, colorectal and breast cancer. This is great news and positive news as we approach National Cancer Month in February. But what is the cause?

Why the decline in U.S. cancer death rates?

Since almost half of the decline is due to one form of cancer, lung cancer, we can point to a decrease in smoking over this time. While this is a large factor, there are also improvements in surgery, diagnostics, new pharmaceuticals, and more targeted radiation that have contributed to the decline. These factors, as well as immunotherapies, have helped decrease the other cancers as well. For those who suffer from lung cancer, including those who suffer from asbestos-related lung cancer, this report should be encouraging.

Dr. Deborah Schrag, chief of population sciences at Dana-Farber Cancer Institute stated, “Both men and women who are diagnosed with lung cancer are surviving longer, and that’s really fantastic news.”  While acknowledging the improvement, Dr. Schrag also commented, “We have a lot of good progress. We should celebrate that, but we shouldn’t declare victory.”

Why not declare victory?

With this steady decline in U.S. cancer death rates, why not declare victory? Cancer is still the second leading cause of death behind heart disease. Cancer led to the deaths of 599,000 Americans in 2018. It is projected there will be 609,000 cancer deaths in 2021. Obviously, there is still much research ahead. However, there are also other factors that won’t be helped by scientific research and high tech treatments. To improve statistics in the following problem areas there will need to be more education, individual awareness of lifestyle and cultural challenges, medical personnel, and state and city planning.

• Though cervical cancer is virtually preventable with medical screenings and the HPV vaccine, 2018 had 4,000 women die from this cancer.

• Black patients’ survival rates are below that of white patients’ for almost all cancers.

• There are geographic differences in death rates, including: statewide detection differences, and areas with societal activities leading to smoking or obesity.

• There’s a concern that the death decline seen in colorectal and breast cancers have slowed in the past few years and progress for prostate cancer has actually stopped.

Possible effects of the coronavirus pandemic on cancer deaths

The fear, and difficulty, of going to medical facilities for routine exams or tests when unusual symptoms appear are often delayed or skipped entirely. This can lead to later diagnoses and, potentially, more deaths. The effects will probably not be known quickly. As Rebecca Siegel, senior scientific director of surveillance research at the American Cancer Society and lead author of the referenced report, said, “This will be an impact that will be felt slowly over the next decade.”

With vaccinations in process for Covid-19, cancer doctors anticipate, and hope, the pandemic will be a minor interruption in the decades- long progress made in the fight against cancer deaths.

Less Traffic, More Fatalities

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When the Covid-19 pandemic lock down began in earnest March of 2020, streets took on an eerie emptiness rarely seen in the Dallas area. It would seem to be good thing; in fact, there were fewer accidents and you would expect fewer serious personal injuries. However, an interesting statistic emerged that with less traffic, more fatalities happened.

In the four counties of Dallas, Tarrant, Collin, and Denton, there were 72 more fatalities than during the same period in 2019. These totaled 480 deaths from vehicle accidents. Robert Wunderlich with the Texas A&M Transportation Institute said, “It’s a very interesting phenomenon. We were surprised to see that. What you would like to see is a proportional decrease in serious crashes in conjunctions with the decrease in total crashes.”

Less traffic, more fatalities: Why?

A couple of reasons came to the forefront. Speed was number one. With fewer cars on the road, people felt they could exceed the speed limit. Engineers are now studying ways to reduce risks on less congested highways.

Another behavior adding to the deaths is an increased use of alcohol and drugs. According to the National Highway Traffic Safety Administration, “drug prevalence was high among seriously and fatally injured roadway users before the public health emergency began and was even higher during, especially for alcohol, cannabinoids (active THC), and opioids.” Before the pandemic, 50% of serious or fatal accidents involved these thought-altering substances. Now these account for 65% of serious or fatal accidents.

Are there other factors?

Perhaps not as directly involved with the problem of less traffic, more fatalities, but definitely a contributor, is the condition of streets and roadways throughout the Dallas/Ft. Worth area.

In 2017, Dallas had the 5th highest rate of fatal traffic accidents among the largest 25 cities in the U.S. In addition, it has a backlog of $2 billion in unfunded street improvement needs. Not surprising that so many streets are in disrepair. Also in 2017, Ft. Worth had the 6th highest fatality rate of the same study.

Not only are accidents caused by bad drivers, but by poorly marked lanes, illegible or non-existent signage, pot holes and a myriad of other factors. These are not only an on-site problem, but can damage cars leading to brakes needing repair and other vehicle damage.

In a Dallas City Council traffic safety plan briefing, it was noted that half of the serious accidents in Dallas are on just 8% of the city’s streets. At that meeting, the council endorsed a program called Vision Zero, run by a non-profit group. Its goal is to improve safety on those streets desperately needing attention with the target of zero fatalities.

How to stay safe?

Obviously, first is to be a good driver yourself – no speeding, no thought-altering drugs while driving.

If you live or work in Dallas, there is an interactive map showing street status, planned work, and bond projects. A look at this may help avoid an accident or car repair.

Last, remember to be a defensive driver. A long-remembered line from drivers’ training, “You can be right, dead right as you speed along, but just as dead as if you’d been wrong.”

Stay safe.

Industry Methods of Screening Talc for Asbestos Are Lacking

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The Environmental Working Group (EWG) found by using electron microscopy, the cosmetic industry methods of screening talc for asbestos are lacking. Of the myriad cosmetics tested by the Scientific Analytical Institute (SAI), nearly 15% showed the presence of asbestos.

Methods of screening talc for asbestos are lacking

Incredibly, the Food and Drug Administration (FDA) doesn’t require testing for asbestos in talc. Though it may be “only” in trace levels there is no safe level of asbestos exposure.

Sean Fitzgerald, who leads the SAI based in Greensboro, NC, said, “It is critical that the FDA develop a rigorous screening method for talc used in personal care products. The lab repeatedly finds asbestos in products made with talc, including cosmetics marketed to children. Last year several children’s cosmetic products at Claire’s and Justice were found to contain asbestos. This includes products beyond cosmetics: children’s toys, crayons, chewing gum, and feminine hygiene as a few samples. It’s outrageous that a precise method for testing personal care products for the presence of asbestos exists, but the cosmetics industry isn’t required to use it.”

Why is asbestos often found in talc?

Rather than perform rigorous testing to verify there is no asbestos, the government promotes careful selection of mines to avoid asbestos contamination.

The talc and asbestos are often mined in close proximity and for industrial, cosmetic and a wide variety of other uses. This leads to potential intertwining in veins and a high possibility of cross-contamination. 

Why is asbestos a problem?

Science confirms there is no safe level of exposure to asbestos. The fibers contained in the asbestos are released into the air when the material holding them is disturbed. Inhaling these fibers can lead to serious diseases, such as lung and ovarian cancer, asbestosis, and the deadly mesothelioma. Talc products are often distributed as loose powders, a sure way to allow inhalation to anyone using them or in the vicinity.

Approximately 15,000 Americans die each year because of exposure to asbestos according to Scott Faber, Senior Vice President of the Environmental Working Group.

What’s next?

In March of 2019, Representatives Debbie Dingell (D-MI) and Jane Schakowsky (D-IL), introduced The Children’s Product Warning Label Act. This act required products marketed to children have a warning label declaring the product was not evaluated for asbestos content. To avoid the label, the product would require a written certification from the HHS Secretary that the product is from an asbestos-free mine and include proof to the FDA that the product is asbestos-free through testing by an electron microscopy method. At this time, there has been no action on the bill.

No other bills to increase testing for asbestos in talc products are pending. 

Veterans of the United States Military 2020

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Our nation honors veterans of the United States military throughout the year, but especially on Veterans Day. To be willing to sacrifice one’s own life for the benefit of others makes our veterans heroes. Though there were several wars preceding World War I (WWI), the actual Veterans Day began as Armistice Day marking the end of World War I.

This first Armistice Day was in 1919. President Wilson spoke these words in commemoration:

“To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…”

Veterans of the United States military

The name of the holiday remained Armistice Day until 1954 when Congress realized veterans should be recognized from all conflicts, not just WWI.

While Armistice Day commemorated those who died, we now reflect on those who serve as well as those who died in their service. Throughout the country, there are often parades, flags placed on graves and the wreath laying at Arlington National Cemetery. There are also discount sales for veterans and free meals at some restaurants. All of this is to show respect and thanks to veterans of the United States military who protect our country and often other countries as well.

Veterans Day 2020

Because the armistice was signed on the 11th hour of the 11th day of the 11th month, Veterans Day remains celebrated on November 11th of each year. In 2020, that day is a Wednesday in the midst of a pandemic, so there may be fewer public events, and fewer handshakes. If you see a woman or man displaying a cap or other military insignia that shows their service, thank them for their service. It is the least we can do for our brave fellow citizens. For those who want to do more, a list was compiled of other ways to honor our veterans. To make it more special, pick one or two of the activities on the list and resolve to do them at a time when it’s NOT Veterans Day.

To all of our veterans, we salute you – today and every day.