Mesothelioma Asbestos Lawyer, DuBose Law Firm, PLLC

Main navigation

You are here: Home / Archives for DuBose Law Firm News / Personal Injury

Personal Injury

E-Cigarettes and Teen Risks

By

E-cigarettes and teen risks become more evident as teens, young adults, and even children are showing the danger signs of using these e-cigarettes in all their various forms. 

What are e-cigarettes?

An e-cigarette comes in many forms, but all have a battery that heats a liquid that turns into an aerosol containing nicotine, flavorings, and other chemicals. Like regular cigarettes, users inhale everything that is in the device and also affect others with the aerosol, much like second-hand smoke.

Not only do they contain nicotine, they can also be filled with marijuana or other drugs. The aerosol flavoring may contain diacetyl, linked to serious lung disease. In addition, the aerosol may contain cancer-causing chemicals, heavy metals – lead, nickel, tin – and ultrafine particles that can penetrate deeply into the lungs. E-cigarette aerosol is NOT harmless “water vapor.”

While packaging may claim there is no nicotine, that has proven wrong in many cases.

The many forms of e-cigarettes

While they began appearing somewhat larger than a traditional cigarette, they have morphed into a variety of shapes. JUUL is the top-selling e-cigarette and often appears as a USB flash drive. One JUUL pod has the equivalent of a 20-pack of cigarettes! Because of their easily hidden size, they are students’ favorite device. JUUL is not the only one with this USB design, however. Others include MarkTen Elite for nicotine, and PAX Era, which delivers marijuana.

Besides the USB form, e-cigarettes can look like pens, pipes, cigars, or even regular cigarettes. They have their own vocabulary as well, they may be called “e-cigs,” “e-hookahs,” “mods,” ‘vape pens,” “vapes,” “tank systems,” and electronic nicotine delivery systems (ENDS).” No matter the name or clever packaging, they are unsafe.

Why is vaping unsafe?

Vaping is now linked to lung diseases in as many as 50 people in at least six states. No deaths are reported – yet – but several have been close calls. One of the most recent is a teen in Texas who contracted a lung disease after vaping. A New York doctor saw two cases this summer, including an athletic 18-year-old who almost died. The Texas Department of State Health Services (DSHS) has encountered a number of severe lung problems in Texas young people recently.  These patients were e-cigarette users, so the agency is looking into possible causes within or in addition to the vaping. They issued an alert to health care providers and clinicians to watch for symptoms and gather information.

A partial list of reasons the vaping liquid, and the device itself, can be harmful:

  • Nicotine
    • Long-ranging studies have proven the harmful effects of nicotine. This is especially true for developing brains. These changes actually affect the way a brain functions in attention and impulse control. Like nicotine from regular cigarettes, e-cigarettes can increase addiction to nicotine and possibly lead to addiction to other, even more harmful, drugs.
  • Aerosol ingredients
    • Some flavorings may be safe to eat because they’re processed through digestion. Inhaling, however, is a different process and lungs are not geared for inhaling these chemical flavorings. Because of this, scientists believe lungs could be harmed.
  • Batteries
    • There have been a number of instances where defective batteries led to serious injuries through fires or explosions.
  • Health effects
    • Scientists still do not know the full effects of e-cigarettes over time, but studies to date indicate harmful effects are likely.

How to prevent or stop the use of e-cigarettes

In Texas, the legislature is considering raising the minimum age to purchase or consume tobacco products from 18 to 21. This would include all e-cigarettes and other vaping devices. The mission of this bill is to prevent future smokers since 95 percent of smokers start before the age of 21.

While vaping devices appeared to some people as an innocent way to avoid the dangers of cigarette smoking, it is now known that it may actually introduce young people to smoking and may have the same unhealthful effects – or even more – as scientists investigate the repercussions on these youthful users.

The CDC has a number of suggestions that parents can use for having a discussion with your teen, including this Tip Sheet. An ongoing conversation can make a difference. While it may not be well-received, stopping an e-cigarette user before they’re addicted is worth the persistence.

Enjoy Your Holidays and Stay Safe!

By

It’s that busy time of year with increased activities as preparations are made for decorating, gift-giving, and time with family; so take a moment to think how you can enjoy your holidays and stay safe at the same time. Here are a few suggestions to keep in mind.

Fire

Check your smoke alarm before adding electrical decorations. Often lights are added during the holidays, both inside and outside of your home. This can put an added strain on breakers, but especially on outlet strips. Watch that these are not overloaded and be aware of any unusual odors or flickering that may signal an overheated strip of lights.

Keep candles unlit unless there is someone watching them and be sure they are not close to flammable materials.

Children – and adults – love to be close to a fireplace. Use a fire screen and check to see if clothing, especially pajamas, are fire-proofed. Outdoor fire pits can be especially enticing to children; be sure an adult monitors activity around the fire and discourages roughhousing in the area.

During gatherings of family and friends, there may be a number of people in the kitchen, including children. Keep pots on the back burners of the stovetop if possible to avoid burns from accidental bumping or little hands reaching.

Pets

While some pets may love the activity and attention, others may become agitated. Ensure there’s a safe place where your pet can relax and also where the pet will not be tempted to lash out at a child. Dropped food can turn a docile pet into one that will bite to defend its prize.

Trees, lights, ornaments, ribbons, wrapping paper, and food – chocolate and nuts especially – must be out of reach or watched closely so you don’t experience a late night trip to an emergency vet.

Shopping and traffic

This is the time of year when the “traffic is terrific” and can put a damper on trips to the mall or event venues. There is no avoiding it, unless all shopping is done online, but be prepared. If you can shop “off hours” you’ll have fewer issues. Check road conditions before leaving home and find the best route.

When you park, keep all packages in the trunk or other place where they cannot be seen. Always lock doors. When walking to and from a store, keep your eyes open and avoid looking at your phone. Take note of where you park so you can walk directly to your vehicle, keys in hand, when leaving the store or event. If you feel uncomfortable about any people in the parking lot, go back into the store and request an escort.

Hold purses or wallets and don’t leave in shopping baskets, even for a moment. Guard your cards and carefully input your PIN number in a manner that is not visible to others.

Drinking

This time of year is filled with parties and dinners where liquor is served. If you want to celebrate with drinks, there are ways to do it safely. If you have one drink, have it early and eat at the same time. Stay long enough to remove it from your system before driving. Otherwise, ride with a friend or take one of the car services to get home. Many holidays have been ruined because of one too many.

Enjoy your holidays!

These suggestions are common sense and take very little time, but they can save you from a holiday and lifetime of regrets. Enjoy your holidays and stay safe!

Have fun! Make memories! Celebrate!

Texas Wrongful Death and Survival Claims Explained

By

There is often confusion about Texas wrongful death and survival claims, but Dallas serious personal injury attorney, Ben DuBose, explains, “When tragedy strikes and a person dies because of someone’s negligent conduct, Texas law provides for two general types of recovery in our civil court system: wrongful death and survival claims.”

Survival claims

Survival claims are those personal injury claims the deceased individual would have if they were living. The individual’s death does not extinguish these claims. Rather, they “survive” their death and belong to the estate of the decedent. Survival claims include claims for pain, suffering, mental anguish, lost wages, as well as medical expenses related to treatment of the injury that caused the death.

Wrongful death claims

In addition, claims can be brought by the family of the decedent for wrongful death. Wrongful death claims exist by statute in Texas and belong to the family members of the decedent for the loss of their spouse, parent, or child.

How wrongful death and survival claims work together

DuBose points out that “while wrongful death and survival claims are separate claims, they are brought in the same lawsuit.”

A surviving spouse, parent or child may bring the wrongful death action. However, if none of those individuals have brought the claim within three months of the death of their loved one, the executor of the estate may bring the claim.

Surviving siblings do not have standing to bring a wrongful death action in Texas. However, most states have a wrongful death statute and the classes of relatives with standing to bring a claim vary from state to state.

In some Texas wrongful death claims, exemplary damages are available. Exemplary damages are permitted if the jury finds a wrongful death is caused by a willful act or omission, or by gross negligence. The purpose of exemplary damages is not to compensate the family, but to punish a wrongdoer and to make an example that willful or grossly negligent behavior will not be tolerated.

The award of damages in a Texas wrongful death claim is typically made by a jury. The jury allocates the damage award among the surviving family members in proportion to the injury they suffered as a result of the untimely death.

The Texas wrongful death statute can be found here.

Popcorn Lung in E-Cigarette Users A Possibility

By

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.

Texas Texting & Driving Law Takes Effect September 1!

By

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