texas mesothelioma lawyer

Global Asbestos Awareness Week

April 1, 2021 By Ben DuBose

The theme of the 2021 Global Asbestos Awareness Week is “One Word. One Week. One World.” Since 2005, the Asbestos Disease Awareness Organization (ADAO) has hosted a week of education and action to end the use of asbestos. Though the dangers of asbestos have been known for decades, there remains a need to educate the public and those in office who can make a difference in its importation and use. April 1-7 of each year we are reminded that this danger still exists and threatens lives. Since the first Global Asbestos Awareness Week in 2005 until today, it is estimated 600,000 Americans lost their lives to asbestos-caused illnesses.

U.S. Senate passed 16^th resolution for “Global Asbestos Awareness Week”

The Senate once again formally recognized the need for public exposure to the dangers of asbestos. Linda Reinstein, mesothelioma widow and ADAO co-founder, congratulated the Senate for the passage of S. Res. 145. Reinstein wrote, “We are grateful to Congress for passing this resolution and once again putting the dangers of asbestos exposure on the national radar, but we must do more.” She further emphasized, “With this continuation of use and an increase in imports, awareness of the dangers of asbestos, and an eventual ban on imports and use, are more important than ever. Unlike the more than 70 countries that have banned asbestos, Americans remain at risk of asbestos exposure every day from a variety of places, including our schools, homes, workplaces, and from unsuspecting products on consumer shelves like toys and cosmetics.”

What are the dangers of asbestos?

Asbestos is a mineral that can be used in the manufacture of many products, including insulation, shingles, brake pads, tile mastic, cosmetics and hundreds of other uses. Though it’s been known for over a century that asbestos exposure can be deadly – no matter the level of exposure – there is still no ban in the United States.

Inhalation of asbestos causes a spectrum of diseases including asbestosis, lung cancer and mesothelioma. There is currently no cure for mesothelioma – a disease which can be caused by even brief or intermittent asbestos exposures.

How can Global Asbestos Awareness Week help?

Each year, goals are set to push forward the asbestos banning agenda. This year there are four main points:

• Banning the mining, manufacturing, and use of asbestos

• Preventing asbestos exposure

• Increasing compliance and enforcement of existing laws and regulations

• Strengthening international partnerships

Reinstein reported, “The United States imported nearly 30 percent more asbestos in 2020 than in the prior year. With this continuation of use and an increase in imports, awareness of the dangers of asbestos, and an eventual ban on imports and use, are more important than ever.”

What can you do to help?

If you suspect asbestos in your home or business built before 1980, have an abatement professional inspect before any remodeling or disturbance of the material. If you’ve been exposed, let your doctors know so they can create a baseline and monitor you for signs of asbestos disease.

During this Global Asbestos Awareness Week, let your congressional and senatorial representatives, as well as the Environmental Protection Agency (EPA), know your concerns and the need for a ban. This is long past due; let’s make it happen!

Asbestos Shingle Siding – Keep It or Not?

August 19, 2020 By Ben DuBose

asbestos siding — Asbestos Shingle Siding

Have you seen homes with asbestos shingle siding that looks like this?

It is often present in neighborhoods built in the 1920s into early 1980s. A number of construction product manufacturers found that by adding asbestos to their cement, a long-lasting, fire-resistant, attractive product could be made. One product was asbestos-cement shingles. Product manufacturers including Johns Manville, Keasby & Mattison and others mixed the asbestos mineral into their cement, pressed it into sheets, and were able to create a variety of looks, finishes, and sizes for asbestos shingle siding.

Asbestos turns from miracle to deadly product

When the many benefits of asbestos were first discovered, it was touted as a miracle. But, after many decades, as people handling it became sick, medical literature began to establish that breathing asbestos dust posed a very real human health hazard.

By 1972, the Occupational Safety and Health Administration (OSHA) placed limits on the levels of asbestos a worker could be exposed to in a given day. In the following years, asbestos was phased out of many products including siding. However, there is still no outright ban on asbestos in the United States.

Asbestos can cause a number of diseases – lung cancer, asbestosis, and mesothelioma, an incurable cancer of the lining of the lung. Many homes, schools, government buildings, manufacturing facilities, and businesses built with asbestos products remain in use. This means knowing how to deal with the possible presence of asbestos extremely important.

How to handle asbestos shingle siding

Asbestos shingle siding is one of the main products do-it-yourself (DIY) home renovators of older homes may find. Because it is widely known that asbestos is dangerous, they may decide to tear it down. That would be a very bad decision. Asbestos is not harmful if undisturbed. However, since this is a fibrous mineral, it is when the tiny fibers are released into the air that trouble begins. An asbestos shingle that has no cracks, breaks, crumbles, punctures, disintegration, etc. is rarely a problem. If the shingle is damaged, stop work and hire an accredited asbestos abatement professional. There is no safe level of exposure and handling siding debris or tearing it off can expose you to harmful levels of asbestos. Some shingles may appear similar to those with asbestos but are solely cement. The abatement contractor can determine composition, but it is not discernible for a person without the right equipment. Don’t take a chance.

The problem with asbestos

These invisible fibers are easily inhaled. They can also attach to clothing, furniture, carpets, and air ducts leading to inhalation by the person who worked with the mineral. They can also be inhaled by anyone who comes in contact with that person – such as family members. The danger is very real and also very sinister as it may be decades – even 50 years – before a diagnosis of mesothelioma is made.

While it may be tempting to pull down a couple of damaged shingles from an otherwise secure wall, it is not worth the risk. As said previously, there is no safe exposure level to asbestos fibers. Bring in an expert abatement professional who knows what can be done safely with asbestos siding and protect your family and yourself.

A New Treatment Doubles Mesothelioma Survival Rates

June 6, 2019 By Ben DuBose

A study at the University Hospital of Udine, Italy found that radical hemithoracic radiology, a new treatment doubles mesothelioma survival rates. The patients studied had cancers that were unable to be totally removed with surgical procedures. Mesothelioma patients generally live a year or, more rarely, up to two years. In this study of 108 patients, half were randomly selected to receive the new treatment and half the more palliative radiotherapy. Of those receiving the new, 58% were still living at two years. Of patients who received the more palliative radiotherapy, only 28% were still living at two years.

Mesothelioma and asbestos

The relationship between asbestos and mesothelioma is well known. The fibers from asbestos – smaller than a human hair – can embed in the layers of tissue surrounding the lungs. Not everyone exposed to asbestos contracts the disease, but it’s always a possibility. It’s an aggressive and fatal cancer that can take up to 50 years for a diagnosis. Current treatments are limited, so all new strides deserve a celebration.

Radical hemithoracic radiology a hopeful improvement for survival

Marco Trovo, MD, leader of the study and Chief of the Radiation Oncology Department at the University Hospital said, “There is an urgent need for more effective treatments for mesothelioma. Surgery can be given to these patients, but it is often impossible to remove all of the tumor. Patients with mesothelioma are sometimes given radiotherapy to help control their symptoms. However, radiotherapy has evolved dramatically in the last few years, so we wanted to see if it could now be used to prevent the cancer from spreading to nearby tissue, hopefully bringing improvements in survival.”

About 20% of the new radical treatment patients did develop radiation pneumonitis as a side effect. Professor Umberto Ricardi, President of ESTRO and head of the Department of Oncology at the University of Turin, Italy stated, “This is an extremely positive result that brings good news to patients with this rare and difficult-to-treat cancer. To ensure these patients benefit from this type of treatment, it’s important that they are referred to a specialist cancer centre with the right expertise and equipment to carefully plan and deliver the most effective radiotherapy treatment and manage any side effects that occur.”

New treatment doubles mesothelioma survival

Dr. Trovo said, “This research shows a clear survival benefit in using this type of radiotherapy for [patients with] mesothelioma whose tumors can only partially be removed by surgery. We believe that this should be considered the new standard of care for these patients.”

He believes that even longer survival rates could be made by using the new radiation technique followed by an immunotherapy technique that uses the patient’s immune system to target and fight the cancer cells. Creative scientific studies continue throughout the world with the goal of curing the deadly disease.

National Asbestos Awareness Week Resolution

March 29, 2018 By Ben DuBose

For the fourteenth time, the U.S. Senate introduced the National Asbestos Awareness Week Resolution to be observed April 1-7, 2018. The Asbestos Disease Awareness Organization (ADAO) praised the senate and the bipartisan cosponsors, led by Senator Jon Tester (D-MT) for bringing awareness to these preventable asbestos-related diseases. Other cosponsors were Senators Stve Daines (R-MT), Ben Cardin (D-MD), Dick Durbin (D-IL), Dianne Feinstein (D-RI), Sheldon Whitehouse (D_RI), Kamala Harris (D_CA), Patrick Leahy (D_VT), Jeff Merkley (D-OR), Cory Booker (D-NJ), Edward Markey (D-MA), Johnny Isakson (R-GA), and Elizabeth Warren (D-MA). There is expectation that this Fourteenth Resolution, paired with the U.S. Surgeon General’s asbestos warning, will again bring the dangers of asbestos to the forefront and save lives.

Aren’t asbestos problems an issue of the past?

Though asbestos use has declined in the US, deaths caused by asbestos have risen according to a study by the Centers for Disease Control and Prevention (CDC). There are two primary reasons for this:

First, asbestos-related diseases are generally diagnosed decades after exposure. Exposures from the peak usage years of the 1970s are still showing up as deadly diseases for workers of that era.

Secondly, the import and use of asbestos continues to this day in the US. Even patients in the 25-44 age range are dying from malignant mesothelioma demonstrating the ongoing occupational, environmental, and secondary exposure risks. There is no safe type of asbestos or usage. Fibers of this mineral have been found in makeup marketed to young teens as well as in other consumer products. It is still used in brake pads. Other dangers exist when asbestos used in construction or in manufacturing is disturbed in any way – often in remodeling.

The EPA and asbestos

Currently the Environmental Protection Agency (EPA) is evaluating the risks of asbestos under the Toxic Substances Control Act (TSCA). The ADAO emphasizes again the necessity of banning asbestos in the US. The past 13 Senate Asbestos Awareness Resolutions combined with five warnings from the U.S. Surgeon General’s office, and President Obama’s recognition of asbestos as a deadly carcinogen, have all confirmed its undue risk to human health and the environment.

The World Health Organization (WHO) affirms, “Exposure to asbestos, including chrysotile, causes cancer of the lung, larynx, and ovaries, and also mesothelioma (a cancer of the pleural and peritoneal linings”. Asbestos exposure is also responsible for other diseases such as asbestosis (fibrosis of the lungs), and plaques, thickening and effusion in the pleura.”

The EPA and asbestos – how you can help

Since the agency is currently evaluating asbestos risks, it is vitally important for voices declaring the dangers be heard. The cooperation of the EPA is necessary for a total ban to be implemented.

If you understand the issues with asbestos and know a ban is necessary, you can contact your senators to support all efforts for the ban. You can also call an asbestos hotline of the EPA.

• Phone: 800-368-5888 or (in the DC area) 202-566-1970
• Hours: 8:30 a.m. and 4:30 p.m. EST
• Type of Coverage: A member of the ASBO staff will answer calls
• Description: The Asbestos and Small Business Ombudsman (ASBO) operates a toll-free hotline for the convenience of small businesses, trade associations, and the general public, seeking free, confidential help as it relates to asbestos and a variety of environmental regulatory topics.

Downtown Dallas Former Home of MKT Railyard

February 5, 2018 By Ben DuBose

Downtown Dallas was once the home to the Missouri – Kansas – Texas Railroad, affectionately known as the “MKT” or “Katy” railroad. If you lived in Dallas before the late 1990s, you know this railyard – even if you didn’t realize it belonged to the Katy Railroad. The tracks heading north across the bridge over the Triple Underpass at Dealey Plaza, those used to lead to the Katy railyard. Visible along Stemmons Freeway, the Katy railyard was situated between the former twin smoke stacks of a powerhouse and the iconic Dallas Coors waterfall sign atop the hill overlooking Baby Does Matchless Mine. The area now has been fully redeveloped into Victory Park.

But from 1886 to the 1990s, the Dallas Katy railyard was a hub of activity and for much of that time it was also a likely source of asbestos exposure for railroad workers. Steam locomotives were essentially boilers on wheels. They contained thousands of pounds of asbestos insulation. Even in the diesel era, which began in the 1950s, railroad brakes, heating & exhaust systems – and even boxcar floors/walls – contained asbestos until the 1980s.

Exposure locations

The greatest potential for railroad worker exposures to asbestos occurred where major repairs took place – in the roundhouse and back house. However, other exposure potentials still occurred elsewhere with boxcar tear out, brake repair, and even track straightening.

Congress enacted law for railroad workers

Railroad workers who suffer from asbestos-related lung cancer, mesothelioma, or asbestosis can pursue claims through a labor/employment law known as the Federal Employers Liability Act or FELA. FELA was enacted by Congress in the early 1900s as a federal law that protects and compensates railroad workers injured on the job.

Notify your physician

If you were employed as a railroad worker in the 1980s or earlier, you may have been exposed to asbestos. Let your physician know you may have had occupational exposure to asbestos and continue to follow up with them for check-ups and physicals on a regular basis. The earlier an asbestos disease is detected the better.