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You are here: Home / Archives for Personal Injury

Personal Injury

New Turn for Asbestos Reporting Under TSCA

February 9, 2021 By Ben DuBose

asbestos photo

A court ruling in the final days of 2020 for asbestos reporting under the Toxic Substance Control Act (TSCA) may finally steer the EPA’s review of asbestos back in the right direction.

How the incoming Biden Administration responds to these developments will impact whether asbestos is finally labeled a toxin under TSCA and the extent of new asbestos reporting requirements for continued industry use of asbestos.

Background

A 2016 bipartisan amendment to TSCA created an agency review standard that seemed likely to result in asbestos finally being identified by the EPA as a toxin.  However, the EPA under the Trump Administration created a very narrow analysis based on too little information.  Legal challenges to that approach, coupled with the COVID-19 pandemic, slowed the final scope and status of the EPA’s asbestos risk analysis. Though the EPA released the first part of its risk evaluation on December 30, 2020, a federal district court decision handed down on December 22, 2020 could force the EPA to drastically change its assessment.    

Court ruling involving asbestos reporting

The federal district court ruling involved two cases – one brought by the Asbestos Disease Awareness Organization (ADAO) and a second filed by several states attorney generals.  Judge Edward Chen, in his 36-page ruling, found that the asbestos-containing products identified by the agency during the rule making process “appear to be only the tip of the iceberg.” Chen also held that gaps in the agency’s information create risk evaluation models which don’t have the ability to “make accurate assessments that capture all ‘reasonably available’ data.”

The Court ordered the EPA to make significant changes to its TSCA Chemical Data Reporting (CDR) Rule to close several loopholes. These include considering more in-depth information about potential uses of asbestos for its risk evaluation.  Judge Chen’s order also addressed closing two additional loopholes:  ending the reporting exemption for products with “impurities” (like asbestos contaminated talc products) and requiring current processors of asbestos products to report those uses. 

What happens next?

Assuming the Biden Administration chooses not to appeal Judge Chen’s order,  the district court’s opinion will require EPA to amend its TSCA Chemical Data Reporting (CDR) Rule to require additional asbestos reporting from companies using asbestos and raw material that may be contaminated with asbestos – such as talc-based cosmetics. The data gathered through additional reporting may require the EPA to revise its conclusions or conduct yet another evaluation.  

This will impact not only the EPA’s Part 1 – risk evaluation of current asbestos uses, but Part 2 as well – risk evaluation for legacy uses of asbestos. Safer consumer products and cosmetics could also be the upshot of more stringent asbestos reporting requirements.

Filed Under: Asbestos, Cosmetics, Dallas mesothelioma lawyer, DuBose Law Firm News, News, Safety Tagged With: asbestos lawyer dallas, asbestos lawyer Louisiana, asbestos lawyer texas, asbestos reporting, toxic substance control act, TSCA

Less Traffic, More Fatalities

January 8, 2021 By Ben DuBose

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.

Filed Under: Dallas personal injury lawyer, Distracted Driving, Personal Injury, Personal injury law, Safety Tagged With: Dallas serious personal injury attorney, serious personal injury, street repair, traffic fatalities

Industry Methods of Screening Talc for Asbestos Are Lacking

December 10, 2020 By Ben DuBose

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. 

Filed Under: asbestos in talc, Cosmetics, Dallas mesothelioma lawyer, Mesothelioma Tagged With: asbestos attorney dallas, talc, Talc and asbestos

Cancer Diagnoses Declining as COVID-19 Fears Rise

August 13, 2020 By Ben DuBose

Generally, to find cancer diagnoses declining would be good news, but this decline is due to fewer people willing to risk COVID-19 for a doctor visit. Six common cancers and their diagnoses were studied: breast, colorectal, lung, pancreatic, gastric and esophageal. A 46% decrease was found between March 1 and April 18 – the same time period the public was warned to stay away from doctors’ offices and emergency departments unless it was a true emergency.

safe doctor office practices to change cancer diagnoses declining

Since that time, safety procedures were put in place that lessened worry about these visits. Even though the warnings about visits are much fewer, the initial fear of visits – leading to diagnoses – are still less than pre-Pandemic.

How was the study conducted?

Quest analyzed tests ordered by doctors who entered the code for ‘new cancer diagnosis’. They began with a baseline covering January 2019 through February 2020. In the following seven weeks, March 1 through April 18, the mean weekly number for all six types of cancer diagnoses decreased 46.4% for those newly diagnosed with cancer. Quest found that in the baseline and pandemic studies, women with a mean age of 66 comprised 75% of their patients.

What does cancer diagnoses declining mean to patients?

Ned Sharpless, director of the National Cancer Institiute, stated this delay of diagnoses could mean 10,000 unnecessary deaths from breast and colorectal cancer over the next ten years. He also said, “We’re very worried about the consequences of … delaying therapy on our patients. We can’t delay cancer care forever.” This could be trading the COVID-19 crisis for a late cancer diagnosis crisis. The United States now has 163, 651 deaths from COVID-19 as of August 11, 2020. This is a huge number.

Other effects of COVID-19

The purpose of the National Syndromic Surveillance Program (NSSP) is to collect electronic health data in real time. They found that visits to emergency departments declined by 42% comparing March 31 – April 27, 2019  to March 29 – April 25, 2020.  This data covered visits from a subset of hospitals in 47 states. This led to acquiring data from approximately 73% of emergency department visits in the United States.

This demonstrates that patients afraid of going to the doctor’s office, also were slow to go to the emergency room. A person with arm or chest pain may decide it’s better to wait and see what happens than go to the emergency room, leading to a potential heart attack. Visits for nonspecific chest pain decreased by over 24,000 during the early pandemic.

They may try to ignore a severe headache and treat with OTC remedies when it could be a treatable stroke. They also may hesitate to go with abdominal pain, musculoskeletal pain, high blood pressure, and nausea and vomiting, respiratory infections – as well as sprains and strains. While some of these might be minor, others could lead to serious illness or death.

Those who use emergency departments as their primary healthcare – usually because of lack of access to primary care – may be significantly affected, leading to avoidance of their normal safety net.

What to do?

Authorities, and the media, must stress doctor visits, regular checkups and needed tests are still necessary to stop the number of cancer diagnoses declining. They must also reassure the public that health facilities have guidelines in place for monitoring entrance to facilities, mandatory face masks, and social distancing. All facilities need frequent access to approved hand sanitizers and hand washing stations. Good use of phone and video calls for triage can quickly assess emergency situations and limit crowds. For those afraid that telemedicine may not be covered with their insurance, check with providers. Currently, because of the emergency status, most insurances are paying as if in-person. In most cases, that also includes Medicare.

While COVID-19 is serious and can be deadly, so can ignoring early detection of cancer and other health risks.

Cancer diagnoses declining is the canary in the mine warning everyone that this is not a time to neglect health care.

Filed Under: Cancer, COVID-19, Dallas mesothelioma lawyer, Dallas personal injury lawyer, Health, Insurance, Pandemic, Personal Injury, Personal injury law Tagged With: cancer diagnosis, COVID-19 and Cancer, dallas personal injury lawyer, Pandemic and Cancer, texas personal injury lawyer

Updated Warning About Hand Sanitizers

August 6, 2020 By Ben DuBose

There is an updated warning about hand sanitizers – now a list of over 100 products. Most are manufactured in Mexico. Some have insufficient amounts of ethyl or isopropyl alcohol, while others have methanol, a potentially deadly ingredient.

FDA updated warnings on July 31

The announcement by the Food and Drug Administration (FDA) stated, “FDA test results show certain hand sanitizers have concerningly low levels of ethyl alcohol or isopropyl alcohol, which are active ingredients in hand sanitizer products. The agency urges consumers not to use these subpotent products and has expanded its list to include subpotent hand sanitizers, in addition to hand sanitizers that are or may be contaminated with methanol.”

Why not use methanol in hand sanitizers?

Methanol is toxic and was found in a number of hand sanitizers. It can enter a person’s system through inhalation, ingestion, and absorption through skin. It can produce nausea, vomiting, blindness, loss of consciousness, and can cause death. Children are especially susceptible to harm. It is also flammable due to its fumes. Not all bottles may be labeled sufficiently, so the best path is to use brands that are recognizable.

With the shortage of hand sanitizers, the FDA enlisted an additional 1500 manufacturers to produce the product. They are testing products as they’re produced and found most substandard sanitizers manufactured in Mexico. Recalls were issued as well as alerts that stop their importation into the country. Still, be aware of the warning about hand sanitizers – vigilance is key.

What are other problems?

Many of the new entrants to the sanitizer market are distillers and other companies not familiar with the manufacture of hand sanitizers. Some of the issues found include:

  • A lower than allowed percentage of ethyl or isopropyl alcohol
    • A minimal 60% ethanol/ethyl and 70% isopropyl/isopropanol alcohol is necessary for sanitizing. It should show as the active ingredient on the label.
  • Bottles that resemble small liquor, soda or water bottles
    • This has led to accidental or intentional ingestion of a toxic liquid – especially in children.
  • Bottles that are not resealable
    • The alcohol can evaporate if not sufficiently sealed.
  • Alcohol that is not denatured
    • This is a little known, but critical need. Denaturing gives the product a bitter taste and bad smell that discourages consumption.
    • Distilleries do not use this process in the making of spirits. The ingredients are expensive and hard to find. Damage to distillers’ equipment can occur with the denatured alcohol. With these impediments, the American Distilling Institute (ADI) and the FDA still recommend compliance despite the obstacles.

Soap and water is best

Recommendations are to use hand sanitizers ONLY if soap and water are not available. Plain soap is preferred over antibacterial products. Why? Overuse of antibiotic soaps can encourage bacteria growth that will no longer be killed by antibiotics. Clostridioides difficile (C. diff), a hard-to-cure infection often found in hospitals, does not respond to hand sanitizers. Only soap and water are effective in killing and avoiding the spread of C. diff. Additionally, there is no proof that antibacterial soaps work better than plain soaps.

What can you do to protect yourself and your family?

• Take any warning about hand sanitizers seriously and check the FDA sites regularly for updates.

• Wash your hands with soap when possible and use alcohol-based hand sanitizers with the recommended percentages of alcohol.

• Be wary of hand sanitizers coming from Mexico because of possible methanol and less than recommended percentages of approved alcohols.

• Keep all hand sanitizers out of the reach of children. If they are in a bottle that resembles soda, water, or liquor transfer to another bottle, such as a travel sized shampoo bottle.

Check your current hand sanitizers and when shopping

Be aware of the warning about hand sanitizers. The FDA instructs you should avoid the following products:

Blumen Clear Advanced Hand Sanitizer with 70% Alcohol

Blumen Advanced Instant Hand Sanitizer Clear Ethyl Alcohol 70%

BLUMEN Advanced Instant Hand Sanitizer Clear

KLAR AND DANVER Instant Hand Sanitizer

MODESA Instant Hand Sanitizer Moisturizers and Vitamin E

BLUMEN Advanced Hand Sanitizer

BLUMEN Advanced Hand Sanitizer Aloe

BLUMEN Advanced Instant Hand Sanitizer Lavender

BLUMEN Clear Advanced Hand Sanitizer

BLUMEN Clear LEAR Advanced Hand Sanitizer

The Honeykeeper Hand Sanitizer

BLUMEN Advanced Hand Sanitizer Clear

BLUMEN Clear Advanced Instant Hand Sanitizer

BLUMEN Clear Advanced Instant Hand Sanitizer Aloe

BLUMEN Clear Advanced Instant Hand Sanitizer Lavender

BLUMEN Aloe Advanced Hand Sanitizer, with 70 Alcohol

Blumen Advanced Hand Sanitizer Lavender, with 70% alcohol

Blumen Advanced Hand Sanitizer Aloe, with 70% alcohol

Blumen Antibacterial Fresh Citrus Hand Sanitizer

Blumen Hand Sanitizer Fresh Citrus

KLAR and DANVER Instant Hand Sanitizer

Hello Kitty Hand Sanitizer

Assured Instant Hand Sanitizer (Vitamin E and Aloe)

Assured Instant Hand Sanitizer (Aloe and Moisturizers)

Assured Instant Hand Sanitizer Vitamin E and Aloe

Assured Instant Hand Sanitizer Aloe and Moisturizers

BLUMEN Instant Hand Sanitizer Fragrance Free

BLUMEN Instant Hand Sanitizer Aloe Vera

Assured Aloe

bio aaa Advance Hand Sanitizer 

LumiSkin Advance Hand Sanitizer 4 oz

LumiSkin Advance Hand Sanitizer 16 oz

QualitaMed Hand Sanitizer  

NEXT Hand Sanitizer

Clear Advanced Hand Sanitizer with 70% Alcohol extra soft with glycerin and aloe

NuuxSan Instant Antibacterial Hand Sanitizer

NuuxSan Instant Hand Sanitizer

Assured Instant Antiseptic Hand Sanitizer with Aloe and Moisturizers

Assured Instant Antiseptic Hand Sanitizer with Vitamin E and Aloe

Modesa Instant Antiseptic Hand Sanitizer with Moisturizers and Aloe Vera

Modesa Instant Antiseptic Hand Sanitizer with Moisturizers and Vitamin E

Herbacil Antiseptic Hand Sanitizer 70% Alcohol

Earths Amenities Instant Unscented Hand Sanitizer with Aloe Vera Advanced

Hand Sanitizer Agavespa Skincare

Vidanos Easy Cleaning Rentals Hand Sanitizer Agavespa Skincare

All-Clean Hand Sanitizer

Esk Biochem Hand Sanitizer

Lavar 70 Gel Hand Sanitizer

The Good Gel Antibacterial Gel Hand Sanitizer

CleanCare NoGerm Advanced Hand Sanitizer 80% Alcohol

CleanCare NoGerm Advanced Hand Sanitizer 75% Alcohol

Saniderm Advanced Hand Sanitizer

Hand sanitizer Gel Unscented 70% Alcohol

Medicare Alcohol Antiseptic Topical Solution

GelBact Hand Sanitizer

Hand Sanitizer

TriCleanz

Sayab Antisepctic Hand Sanitizer 100

Jaloma Antiseptic Hand Sanitizer Ethyl Alcohol 62% with Vitamin E

Leiper’s Fork Distillery Bulk Disinfectant per 5 gallon and Leiper’s Fork Distillery 16 oz bottle

Andy’s Best

Andy’s

NeoNatural

Plus Advanced

Optimus Instant Hand Sanitizer

Optimus Lubricants Instant Hand Sanitizer

Selecto Hand Sanitizer

Shine and Clean Hand Sanitizer

Hand Sanitizer Disinfectant Gel 70% Ethyl Alcohol

Hand Sanitizer Disinfectant Gel 70% Ethyl Alcohol Rinse Free Hand Rub

Mystic Shield Protection hand sanitizer

Born Basic. Anti-Bac Hand Sanitizer 70% alcohol

Born Basic. Anti-Bac Hand Sanitizer 65% Alcohol

Scent Theory — Keep It Clean — Pure Clean Anti-bacterial Hand Sanitizer

Cavalry

ENLIVEN Hand Sanitizing Gel

Lux Eoi Hand Sanitizing Gel

Scent Theory — Keep It Clean — Pure Clean Anti-bacterial Hand Sanitizer

Bersih Hand Sanitizer Gel Fragrance Free

Bersih Antiseptic Alcohol 70% Topical Solution hand sanitizer

Purity Advanced Hand Sanitizer

Hand Sanitizer Gel Alcohol 70%

TriCleanz Tritanium Labs Hand Sanitizer

Britz Hand Sanitizer Ethyl Alcohol 70%    

Parabola Hand Sanitizer  

Urbane Bath and Body Hand Sanitizer    

Cleaner Hand Sanitizer Rinse Free 70%    

Handzer Hand Sanitizer Rinse Free

Kleanz Antibacterial Hand Sanitizer Advanced

Be Safe Hand Sanitizer

Wave Hand Sanitizer Gel

DAESI Hand Sanitizer  

Filed Under: Dallas personal injury lawyer, Hand Sanitizers, Personal Injury Tagged With: dallas personal injury lawyer, hand sanitizers, Louisiana personal injury lawyer, methanol, methanol poisoning, New Mexico personal injury lawyer, Personal injury lawyer texas

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