Mesothelioma Asbestos Lawyer, DuBose Law Firm, PLLC

Main navigation

You are here: Home / Archives for texas mesothelioma lawyer

texas mesothelioma lawyer

National Asbestos Awareness Week Resolution

By

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

By

Dallas view of MKT railyard

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.

railyards likely source of asbestos exposure for railroad workers 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.

Canadian Health and Environment Groups Propose Asbestos Ban

By

Canada, having closed its last asbestos mine in 2011, is moving forward with a proposal to stop the “use, sale, import and export” of asbestos and asbestos-containing products. The full ban is expected sometime in 2018. Canada reported approximately 1,900 lung cancer cases and 430 mesothelioma cases in 2011. Besides the human suffering and loss of life, each case costs the health system of Canada over $1 million. The danger of asbestos exposure has been known for decades. More than thirty years ago the World Health Organization declared it a human carcinogen.

The proposal is sponsored by the Canadian federal health and environment departments. Catherine McKenna, Environment and Climate Change Minister, stated, “By launching these new tougher rules to stop the manufacture, import, use and sale of asbestos, we are following through on our promises to protect all Canadians from exposure to this toxic substance.”

Is it enough?

According to Kathleen Ruff, long an advocate for a total asbestos ban, said the proposal is a good start, but there is more to be done. She believes the citizens of Canada are unaware of the hazards still present in buildings throughout the country and recommends a national registry of asbestos-containing buildings, as well as comprehensive standards for asbestos abatement. She is also concerned with the exemptions in the proposal – most affecting cleanup around the land of former mines as millions of tons of residue are disturbed. This could potentially release the deadly fibers into the air for workers to inhale.

Time for action

Hassan Yussuff, president of the Canadian Labour Congress, said, “I’m hoping this federal initiative will spur the provinces to do more, because we’ve got far more to do at the provincial level now with the federal government finally getting onside to banning asbestos.”

Though this is overall a necessary move for the country, it will have detractors since certain industries will be affected. These include cement pipe manufacturers, automotive businesses importing brake pads, and any business that imports and uses asbestos-containing parts.

One by one, countries are realizing and acting on the banning asbestos, but it is a struggle. The United States has still not banned its use completely. With a period of decades between exposure and disease diagnosis, the world will continue to lose people from asbestos for the foreseeable future. Canada’s proposal is a step in the right direction.

Ben DuBose Named to National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers List for 2017

By

Ben DuBose has been named to The National Trial Lawyers: Top 100 Civil Plaintiff Trial Lawyers list for 2017. The list is comprised of a premier group of attorneys who practice civil plaintiff law in the state of Texas. Only lawyers who have undergone a strict process of peer reviews are eligible to be named to the list. In order to qualify, an attorney must show leadership, and exhibit superior qualifications as well as leadership in their field. Objective, uniformly applied criteria are used to determine the attorneys who will be included.

Throughout his legal career, Ben has practiced law with some of the nation’s most prominent law firms representing personal injury victims and consumers. For over twenty years, he has represented hundreds of mesothelioma victims from in numerous states across the country. He was part of a legal team working with Trial Lawyers for Public Justice seeking to prevent efforts by the EPA and the City of Ft. Worth, Texas to test the controversial “wet method” of asbestos removal. Ben brought together a team of experienced attorneys at the DuBose Law Firm. This team has years of experience representing asbestos and serious injury victims.

“Fighting for everyday Americans during the past two decades gives me tremendous satisfaction,” Ben stated. “I went to law school to help people. That’s what I’ve done for over twenty years now – helped regular people in some of the most difficult personal situations you can imagine.”

Ben DuBose received his J.D., cum laude, from Texas Tech University School of Law. He is admitted to the bar and courts of Texas, Oklahoma, Pennsylvania, the U.S. Supreme Court and the United States District Courts for the Northern and Southern Districts of Texas. He is a member of the American Bar Association, American Association for Justice, Texas Trial Lawyers Association, Dallas Bar Association, and is the President-Elect of the Dallas Trial Lawyers Association.

About DuBose Law Firm: The DuBose Law Firm, PLLC was formed to provide personalized legal services to mesothelioma and serious personal injury victims. Cases are carefully selected so that each case receives the attention and care that these critical cases require. For more information about the DuBose Law Firm, visit www.DuBoseLawFirm.com.

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

The Drever in Dallas: Historic High-Rise Gets High-End Renovation

By

Downtown Dallas will have a new shining star when the renovation of the former First National Bank tower at 1401 Elm Street is complete. Once the tallest building in Dallas, this 52-year-old skyscraper, long-vacant, is in the midst of a major redesign and upgrade. The Drever will consist of a combination of 324 apartments, 218 hotel rooms, offices, and retail – covering an entire city block.

The driver and developer behind this ambitious project is Maxwell Drever who purchased the tower in early 2016. Planned upgrades to the original first-class building are throughout, with fewer, more spacious apartments, a deluxe hotel, and an outdoor roof deck outfitted with delightful amenities. As Drever stated, “We are making the building better than it was and originally it was first class.”

Why renovate in downtown?

In 17 years, downtown Dallas has grown from 200 residents to 45,000, with 10,000 in the core area. Its location puts it in the renowned Main Street District, joining Neiman Marcus and the Joule Hotel among other landmarks. Average retail sales in Dallas are $12,837 per capita, over $3,000 per capita more than New York City or Los Angeles. Dallas ranks third in the US for job increases and rate of job growth. Dallas is strong and stable and well-equipped to support new projects such as The Drever.

Asbestos removal came first

Like most large projects, there is a great deal of preparation before beginning the redesign and finish out. In this case, asbestos was still a common material used in 1963 when the building was constructed. Over 5.6 million square feet of asbestos – an extremely dangerous and toxic material when disturbed – has been removed. Without this first step workers, future tenants, and guests would be exposed to lethal fibers. Asbestos contains microscopic fibers that can cause lung cancer, asbestosis, and mesothelioma – a deadly cancer. There is no safe level of exposure.

What’s next?

This project, often described as one of the most ambitious redevelopment plans in the US, is projected to cost $380 million. Because of its historic significance, part of the cost will be through historic tax credits totaling $90 million. Once the project is complete, the City of Dallas will provide a $50 million tax increment finance district grant. Other financing will come from additional a construction loan, historic tax credits, investors, and direct investment.
The public will begin seeing changes soon. Model apartments and hotel rooms are expected to be available for viewing by the end of August. Work will begin soon on the exterior as the glass and stone are cleaned and restored.

The Drever’s owner expects construction to be completed in the first quarter of 2019 adding to the revitalization of downtown Dallas.