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

Monoliths Added to 9/11 Memorial and Museum Honoring First Responders

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A new installation at the 9/11 Memorial and Museum is called “The Glade” and includes six monoliths honoring first responders. These monoliths symbolize strength and determination through adversity. Some of these granite monoliths weigh up to 17 tons; all pointing upward along a path through “The Glade”.

The Glade honoring first responders

Alice Greenwald, president and CEO of the memorial and museum stated, “‘The Glade’ would also, when completed, be a tribute to the incredible selflessness, determination and commitment of everyone who worked on the recovery here at what was ground zero.”

Many still suffering after 18 years

The museum, located in lower Manhattan, is in “an area of the 9/11 Memorial that is being created to recognize and honor everyone who is now, 18 years after the attack, still living with the consequences of 9/11 – day in and day out,” according to Greenwald.

World Trade Center Health Program

This program was established to provide “medical monitoring and treatment for responders to the September 11th, terrorist attacks at the WTC and related sites in New York City, Pentagon, and Shanksville, PA and survivors who were in the New York City disaster area. The WTC Health Program provides treatment for many health conditions aggravated by, contributed to, or caused by an individual’s 9/11 exposures, including aerodigestive disorders, musculoskeletal conditions, cancers, and mental health conditions.”

These affected people – an estimated 400,000 – were exposed to myriad chemicals and other toxic substances through the dust cloud and in the recovery months after the disaster. Many health consequences may not be discovered until years in the future, such as asbestos-related mesothelioma and lung cancer. This is the reason the James Zadroga 9/11 Health and Compensation Act established the WTC Health Program in 2011.

Health consequences today

“The Glade” project was announced in 2017. At that time, over 77,000 responders and survivors of 9/11 participated in the WTC Health Program. Of those, more than 39,000 already had one or more conditions related to 9/11, and 6,000 plus had a related cancer.

“The Glade” represents to these thousands of victims that their struggle is acknowledged and our country cares for each one of them. Dedication of “The Glade” is planned for May 30, 2019.

Earth Day 2019 – Protect and Save Every Category of Animal

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This year, the theme and focus for Earth Day is “to protect and save every category of animal.” Earth Day is given a theme each year that focuses on one issue affecting our planet.  While there are some creatures that make it difficult to understand their purpose, such as fire ants, every creature is a part of the food chain and makes a contribution to Earth’s ecosystem.

Some species are lost because of natural causes, but others are lost because of man-made actions, such as using synthetic fertilizers, elimination of forests or other natural habitats, and hunting.

A few of the many animals already extinct

• Passenger pigeons – In 1808, John James Audubon wrote of a migrating flock which passed over his head blocking the sun for three straight days. He estimated the flock at over two billion birds!

• The Dodo – This bird, located in Mauritius, attained notoriety with its mention in Alice in Wonderland. Sailors first saw them in 1598 and the last sighting was in 1662.

• Western black rhinoceros – Poachers led to the demise of this animal. In 1980 there were hundreds in sub-Saharan Africa, but only ten by 2000. By 2011, they were declared extinct along with two other black rhino subspecies.

• Tasmanian tiger – The last of these died in 1936 in a zoo, but what an interesting creature it was! The website of the American Museum of Natural History says it was “shaped like a dog, striped like a tiger or zebra, pouched like an opossum, and behaved like a wolf. Its limited territory could not sustain this animal as dogs, hunting, disease, and human population growth all led to its extinction.

Other animals that may soon be extinct

These are just a few of the many animals no longer on this planet, but others are headed to the same fate. Among those may be some of your favorite animals – lions, tigers, elephants, whales, jaguars, and sharks.

Since their natural habitats are often places of danger for them, zoos have stepped up to try to save many of these species with habitats mimicking their natural territories and creating breeding programs and animal exchanges with other zoos to keep the lines clear of inbreeding. Here is an opportunity to test your knowledge identifying a few of the endangered animals.

How can you protect and save every category of animal?

That seems like a gargantuan feat, but all big changes start with small steps. There are many things you can do from your own home.

Go organic

First, go organic for fertilizers and weed/insect control on your lawn, garden, and inside your home. Toxic products kill the ‘good’ bugs right along with the ones you want to kill. Going organic means the yard eventually takes care of itself as the beneficial insects eat or chase away the others. It may take a while if toxic products have been used in the past, but it’s worth the effort. In addition, organic solutions aren’t harmful to the larger animals, such as dogs, cats, squirrels, etc. Plant flowers and trees that attract the insects you want – and need – and repel the others. A healthy environment is left as natural as possible to let the ecosystem work as it was intended.

This also applies to weeds. Weeds like unhealthy soils (toxic soils that have lost their nutrients). Toxins can stay in the soil for a long time and, while it may turn your yard green quickly, it is not healthy for the grass or the tiny creatures in the soil that are trying to rid your yard of the undesirables. There are a number of natural weed killers, such as 30% vinegar and corn gluten meal.

Care for pets

If you have pets, be sure they’re spayed or neutered. The overflow of their offspring at shelters means many of these puppies and kittens are euthanized. Be a kind and thoughtful pet owner and prevent this unnecessary waste of life.

Defeat poachers

Watch what you buy – especially online. Avoid any products that might attract poachers, such as rhinoceros’ horns, exotic animal skins, or elephant tusks which can be made into art pieces. While this may seem an unnecessary comment, someone is buying these since poachers are still in business.

Endangered animals kept as exotic pets are illegal. This is another way poachers thrive and animals become extinct.

Plastics

Think about what you throw away. We all know that plastics are a menace to our environment, and to many creatures. Plastic rings from cans and bottles can trap animals leading to a gruesome death. Cut them so they won’t entangle them. Plastics are invading, not only our landfills, parks, and beaches, but our oceans with dreadful consequences. There are substitutes for most plastics, investigate alternatives and gain new habits.

Our blue planet

We all have a responsibility to do our part in keeping our global home clean, thriving, healthy, and its creatures – large and small – living their natural lives without the harmful intervention of those who just don’t care.

On this Earth Day, think about one thing you are willing to do to make our world a better place for all of us who live here. Let Earth Day 2019 be a start of positive changes for all the creatures on our beautiful blue planet.

Two Decades After Ban, Asbestos Still Kills 5,000 Britons Each Year

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Not surprisingly, two decades after the ban, asbestos still kills 5,000 Britons each year. That’s because symptoms of disease often don’t show up until 20 to 40 years – or more – after exposure. This long exposure time is one of the reasons it is often not recognized as an imminent danger, yet the fibers inhaled many years in the past are poised to show up as lung cancer, asbestosis, or the deadly mesothelioma after the initial exposure is just a memory.

Asbestos still kills 5,000 Britons each year

The long exposure time is only one reason it is still killing after all these years. Though the mineral was outlawed 20 years ago in Britain, asbestos still exists in government, commercial, and residential buildings built before 1999. While not a threat when undisturbed, these buildings often are at an age when renovation, or even demolition, is required. If this work is not done by an authorized abatement company, the possibility of exposure from the dust created is high. To cut corners, renovators and do-it-yourself handymen often skip this critical step and the countdown to possible diseases in the distant future starts again.

The report from the Institution of Occupational Safety and Health (IOSH) verified that people today are still being exposed – often because of non-compliance with regulations. In the past year, over 130 British companies or individuals were ordered to stop work because of rule-breaking.

As Bev Bessinger, IOSH chief executive said, “It is unacceptable that 20 years on from asbestos being banned in Britain, organisations are still potentially putting at risk the lives of employees, their families, and other members of the public. Thousands die in Britain every year from cancers like mesothelioma, while many more are diagnosed with it. All this is preventable through good occupational safety and health. It is time for organisations to wake up and realise how dangerous asbestos is. There are no excuses.”

Dr. Nick Hopkinson, medical director at the British Lung Foundation, reinforced this message by confirming, “Currently the only treatments available are aimed at slowing the progression of the disease and improving quality of life. This devastating disease is preventable, and the dangers of asbestos are well known. It’s vital companies are vigilant and take the proper precautions to protect people from the life-threatening dangers of asbestos, and take urgent action if asbestos has been found.”

Asbestos still kills 15,000 Americans each year

This number of deaths is not acceptable. The United States has not taken the necessary steps to ban asbestos, even though it has been banned in 55 countries. Though some uses are no longer allowed in the US, others are – especially in commercial applications. We know homes and other buildings constructed before the 1980s have a high likelihood of asbestos in areas such as drywall, insulation, siding, roofing, tile mastic, and insulation around pipes. When will the US stop new uses of this deadly mineral?

Brakes on the Toxic Substances Control Act

This act showed promise to finally ban, or strictly control, asbestos as it was identified as one of the ten high risk chemicals set for EPA evaluation. Unfortunately, the ground rules for the EPA’s evaluation under the Trump administration has softened the likelihood of a ban and shockingly, may perhaps even allow new uses of the fiber.

A legacy of death for the future

Like those in the U.K. who work on demolition or renovation of pre-1980 era buildings, workers and their families can be exposed to asbestos if not careful to have suspicious areas checked by an abatement professional. Click here to see a comprehensive FAQ checklist of asbestos products, reporting information, and testing guidelines. Since there is no outright ban, new asbestos-containing materials can still be imported into the US. As seen in the British report, once a ban is in place, people contracting asbestos-related diseases continue for decades into the future. Until importation and new uses are stopped completely, there is no end in sight for the victims of asbestos.

Claire’s Finally Pulled Their Products Containing Asbestos

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Claire’s finally pulled their products containing asbestos when the FDA affirmed the presence of asbestos after testing in 2017 and 2018. Though the removal was voluntary, it occurred only after the FDA issued a warning against the three contaminated products. Since the FDA does not have jurisdiction, they believed this was warranted since Claire’s initially “refused to comply with the FDA’s request, and the agency does not have authority to mandate a recall.” Claire’s steadfastly refuted the FDA’s findings, asserting “the products were “extensively tested by multiple independent accredited laboratories” and “all products were found to be compliant with all relevant cosmetic safety regulations.”

Meanwhile, Frank Pallone, Jr, Energy and Commerce Chairman, stated, “Examples like Claire’s’ refusal to voluntarily recall their asbestos-tainted products demonstrates the need to modernize the current regulatory framework for cosmetic and personal care products to ensure that the FDA can act to protect consumers when industry fails to do so.”

Claire’s finally pulled their products

Claire’s sold the affected products between October 2016 and March 2019. While they are no longer in the stores, some households possibly continue to harbor the three products pinpointed. To check your home, the products are:

• Claire’s Eyeshadows, UPC #888711847165, SKU #84716, Lot No. 08/17
• Claire’s Compact Powder, UPC #888711839153, SKU #83915, Lot No. 07/15
• Claire’s Contour Palette, UPC #888711401947, SKU #40194, Lot No. 04/17

The identifying numbers are found on the price stickers on the product. Batch numbers are found beneath the ingredient lists on the back panels.

The original products pulled from stores in December of 2017 were Ultimate Mega Make Up Set, Metallic Hot Pink Glitter 48-Piece Makeup Set, Bedazzled Rainbow Heart Makeup Set, Rainbow Bedazzled Star Make Up Set, Rainbow Glitter Heart Shaped Makeup Set, Mint Glitter Make Up Set, Rainbow Bedazzled Rectangle Make Up Set, and Pink Glitter Palette with Eyeshadow & Lip Gloss. Again, if these still remain in your home, dispose of them or return the item to the Claire’s store.

For more information

If you want more information, contact Claire’s at 800-252-4737, option 2, from 9:30 AM – 7 PM EDT.

FDA Affirms Asbestos Found in Cosmetics Targeting Teens

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Asbestos found in cosmetics targeting teens and preteens continues to be a problem in a statement from the Food and Drug Administration (FDA) this week. This affirmation is the result of testing performed by U.S. PIRG, a consumer advocate group, in both 2017 and 2018. These three branded cosmetic products from Claire’s and one sold by Justice, were among those tested in 2017 and again in 2018. The Claire’s products tested positive for tremolite asbestos in 2018 as did the Justice product.

Why is asbestos found in cosmetics harmful?

After years and decades of testing, it is proven than there is no safe level of exposure to asbestos. Asbestos that is in solid form, such as shingles, left untouched is a potential danger, but asbestos that is loose, as found in powders and other cosmetics, is definitely dangerous. These products are easily inhaled or ingested which can lead to lung cancer and even mesothelioma – a deadly disease. In addition, these products targeted young girls, still growing and developing.

Claire’s rebuttal

In all testing, Claire’s contends there is no danger and that the U.S. PIRG report is faulty and misleading. In their independent testing, no asbestos fibers were found, however they have not disclosed their testing methodologies or results.

Claire’s spokeswoman, Melanie Berry said in a statement, “The FDA test reports have mis-characterized fibers in the products as asbestos, in direct contradiction to established EPA and USP criterion for classifying asbestos fibers.” “Despite our efforts to discuss these issues with the FDA, they insisted on moving forward with their release. We are disappointed that the FDA has taken this step, and we will continue to work with them to demonstrate the safety of our products.”

Claire’s filed for bankruptcy in the US in March 2018 and came out of it in October of 2018

FDA response

“Our lab is accredited by the U.S. National Institute of Standards and Technology NVLAP program. The FDA used a lab on this accredited list for their cosmetics testing for asbestos (AMA Analytical Services) as well as another lab on the list, STAT Analysis Corporation.”

Why are cosmetic companies allowed to sell these products?

The FDA cannot force a company to remove asbestos-laden products because there are no laws requiring testing cosmetic products for safety. “The FDA is today announcing the results of these tests. Those tests confirmed the presence of asbestos in three of the product samples collected from Claire’s and one of the product samples collected from Justice. All suspect Justice products, including the one testing positive for asbestos, were previously recalled from the market in 2017. The FDA issued a Safety Alert today warning consumers to discontinue use of three Claire’s products: Claire’s Eye Shadows – Batch No/Lot No: 08/17; Claire’s Compact Powder – Batch No/Lot No: 07/15; and, Claire’s Contour Palette – Batch No/Lot No: 04/17 because they tested positive for asbestos.

In an FDA press release published on March 5, 2019, the following statement was made, “The FDA requested that Claire’s recall the products because they should not be used by consumers. Claire’s has refused to comply with the FDA’s request, and the agency does not have authority to mandate a recall. The FDA is therefore warning consumers not to use these products and will continue to communicate our safety concerns about them.“

Until laws requiring testing are enacted, the FDA requests cosmetic firms to take voluntary measures to register in the FDA’s Voluntary Cosmetic Registration Program (VCRP.) The FDA also asks manufacturers to voluntarily report any negative effects involving cosmetic products.

While the FDA was told there are no more asbestos-tainted products in the Claire’s stores, they caution anyone who has them in their homes should stop using them.