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Popcorn Lung in E-Cigarette Users A Possibility

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According to a Harvard study, a chemical, diacetyl, may cause a condition called Popcorn Lung in e-cigarette users. Popcorn lung was first observed in the early 2000s when workers at a microwave popcorn factory were sickened by breathing the chemical, used because of its buttery flavor.

Popcorn lung in e-cigarette users

E-cigarettes come in many flavors, making them appealing to teenagers as well as adults. Most users think these are a healthy substitute for smoking cigarettes. Unfortunately, they are misguided. The same chemical, diacetyl, that produced irreversible bronchiolitis obliterans and even death to workers in popcorn factories, is present in many of the flavored ‘juices’ of e-cigarettes.

Harvard researchers found that 39 of 51 e-cigarette brands contained diacetyl and, of the two other harmful chemicals present, 23 included 2,3 pentanedione and 46 contained acetoin. In total, approximately 92 percent of e-cigarettes tested had at least one of the three chemicals.

What is popcorn lung?

The scientific disease name, bronchiolitis obliterans, is actually a scarring of the lungs’ small air sacs. This scarring thickens and narrows the airways. Though the common disease name, popcorn lung, sounds harmless, it definitely is not. The devastating results are coughing, wheezing, and shortness of breath – similar symptoms of chronic obstructive pulmonary disease (COPD) – and can lead to death.

Why is this legal?

Once the effects on popcorn workers were discovered, diacetyl was removed from popcorn products. However, until the May 5th announcement by the Food and Drug Administration (FDA) that they will extend their oversight on tobacco products to include e-cigarettes, there was no FDA oversight. This announcement means that in August key provisions of the Family Smoking Prevention and Tobacco Control Act on sales, marketing, and manufacturing of e-cigarettes will be enforced, but there is a caveat. For three years manufacturers can test their products and complete FDA applications for review while their products can remain in the market.

The 2015 Harvard study concluded, “Because of the associations between diacetyl and bronchiolitis obliterans and other severe respiratory diseases observed in workers, urgent action is recommended to further evaluate this potentially widespread exposure via flavored e-cigarettes.”

While there are groups wanting more proof that there is actual danger, the American Lung Association thinks the danger is real, three years is too long, and the FDA should quickly require removing diacetyl and all other harmful chemicals from e-cigarettes.

Learn more

Even if you are still undecided about the effects of diacetyl in vaping, there are many other additives in e-cigarettes that are harmful, including nicotine, formaldehyde, carbonyl compounds, metals, propylene glycol, glycerol, fine particulate matter, and flavoring chemicals.

Here are two good links. For more public information on e-cigarettes and lung health and for a number of articles on how to quit – or help someone else quit – smoking.

DuBose Law Firm Celebrates 10th Anniversary

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In 2008 I did something I’d always dreamed of: hung out my own shingle. Since the late 1990s, I’d practiced law at one of the largest personal injury law firms in the nation. It was an invaluable experience representing the Greatest Generation, the Silent Generation, and Baby Boomers suffering from mesothelioma and asbestos lung cancer in courts across America. But ever since law school, I wanted to practice in a law firm like the one I clerked for in Lubbock, Texas: a small personal injury firm that provided legal services and personal attention to each client.

DuBose Law Firm 10th AnniversarySo, in June of 2008, a few months before the economy plunged into the Great Recession, I formed DuBose Law Firm. I’ve never looked back. What a decade it’s been and what a law firm we built. Just look at some of the milestones we achieved in our first 10 years:

●  Proudly represented asbestos victims across the United States
●  Successfully resolved cases for hundreds of clients
●  Tried cases before juries
●  Obtained appellate victories in the Supreme Courts of Louisiana and Missouri
●  Expanded our practice into two new areas: serious personal injury & employment/labor law
●  Opened a second office in New Orleans, Louisiana
●  Renovated our historic home office – The Adelfa B. Callejo Building – named in honor of the legendary Dallas civil rights icon who practiced law here
●  Community engagement – involved in local, state, and national bar associations as well as volunteering with Dallas schools and the community at large

Along the way, DuBose Law Firm grew to include a great team of attorneys, paralegals, and employees. My own family grew quite a bit as well. When we opened the office in 2008, my children were in elementary and pre-school. Now, my son is graduating from high school and our two girls aren’t far behind.

Throughout it all, DuBose Law Firm always stayed true to our core purpose: helping individuals who’ve been harmed. We strive to make a difference in our clients’ lives and in our society.

Just imagine what we’ll achieve in the next 10 years!

P.S. None of this would have been possible without the love and support of my wife and kids. They’ve been there for me all along the way.

DuBose Law Firm, PLLC
principal office address:
4310 N. Central Expressway
Dallas, Texas 75206
Phone: 214.389.8199
Fax: 214.389.8399
Sponsored by Attorney Ben DuBose, licensed in TX, OK, and PA

Texas Texting & Driving Law Takes Effect September 1!

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Sen. Judith Zaffirini, D- Laredo, fought for this day through five legislative sessions comprising ten years. The bill, with her sponsorship, finally passed both House and Senate and was signed into law by Gov. Greg Abbott on June 6, 2017. Now there are only three states remaining without a texting while driving ban – Arizona, Missouri, and Montana. This issue’s long journey included passage of a bill by both the House and Senate in 2011, but a veto by former Gov. Rick Perry. In 2015 it passed the House, but fell short in the Senate.

Even before this law, there were restrictions on phone use in Texas, such as a ban in school zones, drivers under 18, and bus drivers with minor children on board. While waiting for a comprehensive Texas ban, more that 95 cities passed their own local ordinances banning some uses of phones while driving.

Texting ban too limited

Some say the law, as written, doesn’t cover enough distracted driving actions, such as applying makeup, eating, or using GPS. Even when the limited law is broken, the fine of $99 for a first offense and up to $200 for subsequent offenses may not be enough of a deterrent. Critics say the law may be hard to enforce and even confusing to law enforcement as they are only allowed to ticket a violator for texting, not other phone uses. Since using GPS on a phone is still legal, it may enable officers to stop motorists when they are legally using their phones. Even if texting, drivers could easily switch to a GPS app to avoid a ticket.

Sen. Larry Taylor, R-Friendswood, pushed to amend the bill requiring police to actually witness a texting offense before initiating a traffic stop. Taylor stated, “I don’t think that makes me more less safe than someone eating a hamburger, putting makeup on, reading their newspaper on the steering wheel or reading a novel as they drive down the road. I’m much safer than those people.” Taylor’s amendment did not pass, however.

The ban will save lives

Zaffirini read to other senators the names of people injured or killed because of texting while driving, also noting police did not witness the accidents thus countering aspects of Taylor’s amendment. Sen. Joan Huffman, R-Houston, agreed that, though the law may not stop texting while driving, it may cause hesitation. “If this saves the life of one teenager who decides ‘I’ll wait til I’m at the stoplight’ or, ‘I’ll wait until I pull into Sonic and then I’ll text,‘ then we’ve accomplished what we set to accomplish,” she said.

For Dallas attorney Ben DuBose, the law’s passage is a significant step in the right direction. “I’ve represented clients whose lives were nearly destroyed by distracted driving. “No law is perfect,” says DuBose, “but lives will be saved now that texting and driving is against the law in Texas.”

DuBose Law Firm, PLLC
principal office address:
4310 N. Central Expressway
Dallas, Texas 75206
Phone: 214.389.8199
Fax: 214.389.8399
Sponsored by Attorney Ben K. DuBose, licensed in TX, OK, PA

Teen Drivers: Their Biggest Cause of Serious Accidents

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An article at cnn.com presents a wake-up call to both parents and teens. There are jokes and comedic sketches about teen drivers, but the reality is far from funny. Getting teen drivers to truly understand and appreciate the danger and responsibility of being behind the wheel is not easy. Statistics mean little to them, so the best way to get their attention is through stories of real incidents. Even then, they may not grasp that they, or their friends, can actually die in a car accident.

100 Deadly Days
The AAA published that over the last five years, accidents for drivers 16-19 increased 16% per day on average for the “100 deadliest days.” These days start with Memorial Day and continue for 100 days through the summer. It makes sense as teens are driving more, not just to and from school or on errands, but for all types of recreation. They aren’t on their usual routes and are thinking about the fun ahead. They’re also likely to have teen passengers along for the fun.

Top Causes of Teen Driving Accidents
The top cause of serious accidents was a surprise. Carrying passengers. That is more dangerous than texting or phone use. Many states, 43 currently, limit a teen driver to one teen passenger, but that’s a law that’s often ignored. The National Safety Council reports carrying passengers increases the probability of a fatal crash by a teen driver 44%. This is huge!

The University of North Carolina’s Highway Safety Research Center conducted a study of 52 North Carolina teen drivers with in-vehicle cameras positioned in their cars or trucks. They were recorded over six months in various driving situations – alone, with parents, and with other teens. Interestingly, when there were passengers they were more likely to limit use of technology, such as phones, radios, even the temperature control. Yet, the biggest reason for serious accidents was the presence of multiple passengers. Loud talking by friends was six times more dangerous than driving alone and horseplay was three times more likely to cause a serious accident.

John Ulczycki, the National Safety Council’s vice president of strategic initiatives, said, “Passengers are a distraction the entire time a teen is driving, whereas the distraction from texting is probably limited to the seconds or minutes they’re looking at screens instead of the road.” Ulczycki also said, “If you have a kid who had their license for less than one year, you have to think very, very carefully about the conditions or the situations in which you allow them to carry any passengers. You really do.”

Auto insurance rates for young drivers reflect the dangers of their inexperience. Parents, grandparents, aunts, uncles, adult role models, and people who’ve experienced the tragic effects of teen driving must speak up to the young people in their lives. These admonitions are not a one-time conversation, but should be repeated multiple times over the teen years. Studies show you have more influence than you may think. Never regret the words you didn’t say that could have saved lives.

Driving While Playing Pokémon Go is a Big NO!

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Who would ever think that chasing cartoonish characters while driving would be a problem? While many people don’t understand this recent craze, and have no desire to play, you may find yourself involved if someone on the road with you is playing. Already there are players injured by walking into traffic or some other hazard while intently looking at their smartphones as they try to “catch” the Pokémon characters. Now there are people causing traffic distractions – and potentially serious accidents – by chasing these mythical characters while driving.

TxDOT, via their official Facebook page, stated:

“Y’all. Please don’t make us have to create a campaign called “Don’t Pokemon-Go and Drive.” We know you have to catch them all, but only look for Pokemon when you are not behind the wheel. Also, don’t stop traffic just for PokeStops, and don’t cross the street without paying attention.” 

#WeShouldntHaveToTellYouThis #TalkTextCrash #PokemonGo

Evidently they do have to tell drivers as they created a social media campaign about this issue.

For those who are just learning of this phenomenon, it may sound like a passing fad, and hopefully it is, but players have invaded not only streets, but private property and respected places such as Arlington National Cemetery and Auschwitz. Results of this intense focus on a small screen could prove deadly. If you see someone staring at their phone and wandering aimlessly, stay clear of them. If you are one of the players and are driving while hunting the next Pokémon, think of the real danger for you and others and just say Pokémon NO!