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Ben Dubose

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

Johnson & Johnson Considering Plan to Cap Asbestos Talc Liabilities

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baby powder may contain asbestos

Reuters reports Johnson & Johnson (J&J) is considering a plan to cap asbestos talc liabilities from widespread Baby Powder and other talc lawsuits.

More than 30,000 plaintiffs alleged J&J’s talc products were unsafe. These women suffered from ovarian cancer, mesothelioma, and other cancers they assert were brought on by asbestos contained in J&J Baby Powder and other talc products. Asbestos exposure is known to be a carcinogen and unsafe at any level.

In 2018 a Missouri jury found in favor of talc victims awarding $4.7 billion damages to the women.  An appellate court reduced the award to $2 billion.  Last month, the US Supreme court denied J&J’s last attempt at an appeal by denying certiorari and leaving in place the Missouri verdict. 

A plan to cap asbestos talc liabilities

With anticipated legal action from tens of thousands additional victims, J&J is contemplating alternative legal remedies. Rueters is reporting the company is considering creating a new business entity. This new business would contain all the J&J talc liabilities, then subsequently file for bankruptcy. This “divisive merger” law is known as the Texas Two-Step and leaves victims unable to bring their claims to a jury. Instead,  their only remedy would be filing claims against the new bankrupt entity. 

While this is one plan to cap asbestos talc liabilities apparently under consideration, the Texas Two-Step is controversial and there remain challenges to its permissibility under US bankruptcy laws.

Did J&J know?

Talc and asbestos are often found in close proximity when mining. This brings about the need for extreme caution when using talc in products. In 2018, Reuters shared findings from their investigation into the possibility of asbestos contamination in J&J talc products. “Facing thousands of lawsuits alleging that its talc caused cancer, J&J insists on the safety and purity of its iconic product. But internal documents examined by Reuters show that the company’s powder was sometimes tainted with carcinogenic asbestos and that J&J kept that information from regulators and the public.”

Through many documents and testimonies, Reuter’s examination showed at “least 1971 to the early 2000s, the company’s raw talc and finished powders sometimes tested positive for small amounts of asbestos, and that company executives, mine managers, scientists, doctors and lawyers fretted over the problem and how to address it while failing to disclose it to regulators or the public.”

J&J removed its Baby Powder from the US and Canadian markets in May 2020.

Will there be justice?

If J&J uses this dubious plan to cap asbestos liabilities, victims who have not settled their cases would find themselves in long and slow bankruptcy proceedings with a significantly reduced chance for compensation and the victims’ pursuit of full and unimpeded justice.

Over 100 Firefighters Possibly Exposed to Asbestos

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possible asbestos exposure

More than 100 firefighters and civilians were possibly exposed to asbestos in Austin, Texas. The potential exposure came while fighting a 3-alarm fire in a city-owned abandoned warehouse.  Through a survey contracted by the Building Services Department in 2013, asbestos was discovered in three buildings on the property. It was found in drywall, ceilings, flooring and floor adhesive in all three buildings, including the warehouse that burned. Preparation to demolish all these buildings was underway before the fire.

Firefighters were not aware they were possibly exposed to asbestos

Until the third alarm unit arrived on the scene, the firefighters and civilians were unaware of the possibility of asbestos. The incident report stated, “Although best precautions were taken to avoid exposure after notification, the fire was very significant and the smoke produced from the fire swirled throughout the fireground with multiple shifts in the wind while units were on scene. All firefighters and civilians on the fireground could have a possible exposure to asbestos.” 

Dangers of asbestos exposure

Asbestos is a highly carcinogenic mineral. Its microscopic fibers can embed in lungs when inhaled. This can lead to lung cancer, asbestosis, and mesothelioma. All three diseases are harmful, but mesothelioma has no cure at this time and is fatal. It can take many decades after exposure before a victim is diagnosed.

Buildings, commercial and residential, often contained asbestos. It was a common building material until the early 1980s. It was in shingles, insulation, ceiling tiles, tile mastic and many other materials. If asbestos remains undisturbed, the fibers are not released. However, with remodeling or an accident, such as this fire, airborne fibers may lead to a possible exposure to asbestos. Removing asbestos requires abatement professionals. There is no safe level of exposure.

Firefighters deserve respect

Asbestos is not the only danger firefighters’ encounter. From falling structural pieces, to unknown chemicals or other hazardous materials stored inside, to environmental factors such as wind and storms, they remain focused. The president of the Firefighters Cancer Support Network, Bryan Frieders, said “firefighters are in danger and can be exposed to up to 200 cancer causing chemicals when they go into a burning building. Yet we still see firefighters on a daily basis going into these known-dangerous situations to try to save lives.”

Frieder said, “A lot of retirees two, three, four or five years after they retire are being diagnosed [or decades in the case of asbestos]. That’s a significant problem for us. They took an oath to serve the city they are serving. There is an expectation that the city they are serving is going to take care of them — and their families.”

The firefighters exposed in this fire were given chest X-rays as a baseline in case they develop lung problems in the future.

Cause unknown

A film crew had recently vacated the building. Employees of Building Services inspected the building three hours before the fire started. At the time of the fire, officials didn’t know exactly what, if anything, was stored in the building. Currently, the cause of the fire is unknown.

Earth Day 2021: Restore Our Earth

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Earth Day began on April 22nd, 1970 in the United States. Since then it has occurred annually for 50 years. It is now observed by a billion people in 192 countries. Each Earth Day adopts a theme; this year it is Restore Our Earth. But what do we do with that theme? Five pillars of action were pinpointed by earthday.org.

Five Pillars of Earth Day

• The Canopy Project – reforests places in urgent need of rehabilitation. This is often in communities at risk from climate change and dreadful environmental conditions.

• Foodprints for the Future – studies what impact growing, producing, transporting and storing food has on various factors: natural resources used, to resulting pollution, to the emissions of greenhouse gases.

• The Great Global Cleanup – inspires people to shrink and remove waste in their environment. Incredibly, “270,000 people die prematurely every year from uncontrolled burning of household waste, and two billion people live without any waste collection services.”

• The Climate and Environmental Literacy Initiative – complements civic education, works to create jobs, while building a green consumer market. It also assists the public in participating significantly with their governments about environmental issues.

• Global Earth Challenge – uses volunteers to aid in scientific research by monitoring threats to the environment and to human health within their communities. Through an open platform, researchers can access high-quality data for assessment of international policies, such as the UN Sustainable Development Goals (SDGs).

Earth Day 2021 in the United States

President Joe Biden will host a global summit in observance of 2021’s Earth Day. Earthday.org will present a range of activities and events to spotlight “climate and environmental literacy, climate restoration technologies, reforestation efforts, regenerative agriculture, citizen science and clean ups taking place around the globe.”

What can you do?

Earthday.org invites everyone to participate in Earth Day 2021 in some way. “It is up to each and every one of us to Restore Our Earth – not just because we care about the natural world, but because we live on it. We all need a healthy Earth to support our jobs, livelihoods, health & survival, and happiness. A healthy planet is not an option – it is a necessity.”

For suggestions on how you can help, visit this earthday.org page for ideas. Though we focus on this particular “day”, participation in these activities can be any, or every, day of the year. Whether the size of your participation is small or large, you do make a difference.

#TRUCKING DANGER: SAY NO TO HB19 & SB17!

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Republished from Texas Watch www.texaswatch.org

Large truck danger

Year after year, Texas has the highest number of large truck wrecks in the nation. From 2016 to 2019, the number of truck crashes in our state increased by almost 30%. To protect the lives of Texas families, we need more safety measures, not less. Legislation pushed by trucking lobbyists will endanger all of us on the roads.

HB19 and SB17 will harm families devastated by 18-wheeler wrecks. These bills give trucking corporations less incentive to follow safety measures, which means you and your family will be at greater risk on the roads. The bills will make it harder to punish trucking companies through our courts when they violate safety standards. When bad actors do not follow the rules, they need to be held fully accountable by a jury of our peers in order to help protect us all. And when recklessness causes death, serious injuries, or the inability to work, trucking companies must take responsibility.

Please contact your Texas state legislators and let them know you oppose HB19 and SB17!

Thoughts on a Year in Pandemic

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Thoughts on a year in pandemic at DuBose Law Firm.

Everyday life was upended last Spring as the entire globe entered the COVID19 pandemic.  A year later and much is still in flux.  Certainly, incredible loss and tragedy became all too common.  Now though, a bit of hope is in the air.  The end of the pandemic isn’t here yet, but maybe we can see it off in the distance.

For DuBose Law Firm,  it’s been a year not only of challenges, but also of persistence and innovation.  Through it all, we’ve remained true to our core purpose: helping individuals who have been harmed.  

DuBose Law Firm pressed forward with the first ever remote live stream oral argument before the Tennessee Supreme Court,  an in-person bench trial in Texas and numerous depositions and hearings via Zoom. Like most businesses, we began working remotely in March 2020.  We’re also taking this time to use even more technology in our practice.  Finally, as we start to physically return to our desks, we’ve incorporated COVID19 policies and measures to ensure a safe work place.   

The pandemic didn’t just throw our practice a curveball – it threw sand into the wheels of justice.  Social distancing and other public health measures brought traditional American jury trials to a halt.  Courts responded by experimenting with Zoom trials.  Some started with jury selection via Zoom followed by socially distanced trials at the courthouse.  Other courts conducted entire trials by Zoom.  Now, increasing vaccination rates may soon bring us back to in-person jury trials.  Dallas County Courts, for instance, just announced that in-person jury trials will resume beginning in June.

We count our blessings and are proud of the persistence and hard work of our law firm over the past year to continue to help and support our clients.  While we can hopefully begin see the end of the pandemic taking shape, we will never forget this past year or the 565,000 Americans who have died to date from COVID19.

Please continue to protect yourself and your loved ones.  Continue to wear masks, socially distance and get vaccinated.  Better days are ahead.