The U.S. Environmental Protection Agency Bans Ongoing Use of Asbestos

On March 18, 2024, the United States Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos, the last remaining type of asbestos that was being used and imported into the United States. Considering that asbestos is a known carcinogen that is already banned in more than fifty (50) countries, this is a monumental announcement that is long overdue.

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On March 18, 2024, the United States Environmental Protection Agency (EPA) announced a final rule prohibiting the use of chrysotile asbestos, the last remaining type of asbestos that was being used and imported into the United States. Considering that asbestos is a known carcinogen that is already banned in more than fifty (50) countries, this is a monumental announcement that is long overdue.

The pervasive severe health risks associated with asbestos exposure have been well-documented for decades. Though new asbestos use in the United States has declined steadily since the 1980s, each year in the United States asbestos exposure is linked to 40,000 deaths from lung cancer, mesothelioma, and other cancers. The unfortunate reality is that asbestos still lingers as a construction material in millions of homes and public buildings throughout the United States.

Traditionally, the risk of asbestos exposure and related diagnoses of lung cancer or mesothelioma was associated with working in an industrial setting like shipbuilding, factories, or servicing heavy machinery. While those risks have reduced with the passage of time, the risk of exposure from asbestos-containing building materials in public buildings and college campuses remains.

Although there are several known types of asbestos, the only form known to be imported, processed, or distributed for use in the United States is chrysotile. The EPA ban comes on the heels of steadily increasing imports of chrysotile asbestos each year, as recently as 2022. Chrysotile asbestos is found in many products including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets.

Though this decision to ban chrysotile asbestos is long overdue, it is not the end of asbestos use in the United States. As Phase II of its asbestos risk evaluation, the EPA will be considering legacy uses of chrysotile asbestos, disposal of chrysotile asbestos, as well as asbestos-containing talc. Our asbestos litigation team will continue to monitor the EPA’s evaluation closely and provide an update when Phase II is complete.

While asbestos exposure has been linked to lung cancer and mesothelioma for decades the long latency period is a lesser-known consequence of exposure. This means that you may be diagnosed with lung cancer or mesothelioma decades after you were exposed to asbestos. Contacting an attorney as soon as you are diagnosed with lung cancer or mesothelioma is critical to allow for your potential claim to be timely investigated and filed.

If you or a loved one has been diagnosed with lung cancer or mesothelioma it is important to act quickly to protect your rights. Contact us today to schedule a consultation with a member of our asbestos litigation team. You don’t have to face this challenging situation alone – we are here to fight for you.

Learn more about partner Travis Prince here.

And for more information on our Asbestos & Lung Disease, please visit here.

Sources:

https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-ban-ongoing-uses-asbestos-protect-people-cancer

https://www.bbc.com/news/world-us-canada-68602748#

Watch Now: Partner Greg Haddad Discusses Long-Term Symptoms of a Traumatic Brain Injury

According to the Brain Injury Association of America, more than 5.3 million adults and children in the U.S. are living with some sort of permanent brain injury-related disability, and some 2.8 million individuals will experience a Traumatic Brain Injury (TBI) every year. Brain injuries – even those considered “small” – can lead to months, years, or even lifetimes of physical, emotional, and cognitive issues. What is particularly sneaky about these types of injuries is that their cause – and effects — might not be recognized until long after the injury has occurred.

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According to the Brain Injury Association of America, more than 5.3 million adults and children in the U.S. are living with some sort of permanent brain injury-related disability, and some 2.8 million individuals will experience a Traumatic Brain Injury (TBI) every year. Brain injuries – even those considered “small” – can lead to months, years, or even lifetimes of physical, emotional, and cognitive issues. What is particularly sneaky about these types of injuries is that their cause – and effects — might not be recognized until long after the injury has occurred.

 

In this short video, BG partner P. Gregory Haddad, our firm’s Personal Injury Practice Group Leader, discusses the long-term symptoms of a traumatic brain injury and the behaviors to look for in a loved one who may have experienced this type of injury. Watch here.

 

Our Personal Injury attorneys are dedicated to helping individuals who have suffered traumatic brain injuries due to accidents, negligence, or other unfortunate circumstances. Learn more about our TBI experience by visiting here.
#BrainInjuryAwareness #TBI #BaileyGlasser

 

Brain Injury Awareness Month: Concussion Facts & Prevention Tips

Did you know that the Brain Injury Association of America estimates someone in the U.S. sustains a brain injury every 9 seconds? While most of us never imagine ourselves being impacted by a brain injury, these injuries are more common than we may think. Concussions are the most common type of brain injury, defined as sudden movement causing the brain to bounce around or twist in the skull and creating chemical changes in the brain.

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Did you know that the Brain Injury Association of America estimates someone in the U.S. sustains a brain injury every 9 seconds? While most of us never imagine ourselves being impacted by a brain injury, these injuries are more common than we may think. Concussions are the most common type of brain injury, defined as sudden movement causing the brain to bounce around or twist in the skull and creating chemical changes in the brain.

While the symptoms of a concussion often last only a few days or weeks, sometimes they last a much longer time or can be permanent in nature. Concussions can be devastating if not attended to properly. Below are facts about how concussions occur and prevention tips.

1) Concussions most often occur as a result of blows to the head during sports activities, car or workplace accidents, military combat, falls, assaults, or any daily mishap.

2) Concussions can go undetected because their symptoms may not appear related to a head injury, so it’s crucial to seek medical attention if you suspect you’ve sustained one. Symptoms can include sleep irregularities, mood disturbances (such as depression or anxiety), memory and cognitive issues, and slower-than-normal mental processing.

3) Signs of immediate danger after concussion include repeat vomiting and loss of consciousness, vision disturbances, headache, seizures, slurred speech, and more.

4) Prevention is key! Wearing helmets during activities like biking and sports can significantly reduce the risk of brain injuries for people of all ages.

5) Take steps to help seniors prevent concussions such as removing hazardous objects, lighting up living space to avoid tripping, installing assistive devices, and providing sensible footwear.

To learn more facts about concussions and prevention, visit here.

For more information about Bailey Glasser’s Traumatic Brain Injury lawyers, visit here.

#BrainInjuryAwarenessMonth #TBI #Concussions #BaileyGlasser

BG Wins $40 Million Jury Trial in Federal Texas Court

Washington, D.C.: On March 6, 2024, a Bailey & Glasser trial team won a $40 million jury verdict in Texas federal court in a fraud case against Mark Siffin and Paul Cyphers arising out of the bankruptcy of MTE Holdings, LLC. The case is Thomas Bennett, Trustee for the MTE Litigation Trust v. Mark Siffin et al., U.S. District Court for the Western District of Texas, 7:21-cv-00214-DC-RCG. 

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Washington, D.C.: On March 6, 2024, a Bailey & Glasser trial team won a $40 million jury verdict in Texas federal court in a fraud case against Mark Siffin and Paul Cyphers arising out of the bankruptcy of MTE Holdings, LLC. The case is Thomas Bennett, Trustee for the MTE Litigation Trust v. Mark Siffin et al., U.S. District Court for the Western District of Texas, 7:21-cv-00214-DC-RCG.

The Bailey Glasser trial team consisted of partners Robert Bell, Cary Joshi, Elliott McGraw, and John Turner, along with paralegal Manny Rios.

Bailey Glasser’s client, the Trustee of the MTE Litigation Trust, asserted fraud and breach of fiduciary duty claims against certain officers of MTE Holdings, LLC and their affiliated company MDC Energy LLC, an oil and gas exploration and production company headquartered in Midland, Texas. The beneficiaries of the trust are a group of financial institutions that had lent almost half a billion dollars to MTE Holdings before MTE filed for bankruptcy in October 2019. The group of lenders sued the individual officers of MTE for intentionally misrepresenting the financial health of the company in order to continue to draw on the loan.

After deliberating for just two hours, the jury awarded the plaintiff $40 million, finding both Mr. Siffin and Mr. Cyphers liable for fraud.

“The plaintiff’s interests have been vindicated,” said Cary Joshi, counsel for the MTE Litigation Trust. “Our client knew they had been defrauded and the jury knew it, too.”

March is Brain Injury Awareness Month

March is Brain Injury Awareness Month. Traumatic Brain Injuries (an injury also known as a “TBI”) can occur in many ways – through sports, a car accident, a simple fall, or from an assault. In the military, one statistic from the Department of Defense estimated that close to 500,000 service members have suffered some degree of TBIs between 2000 and 2023.

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March is Brain Injury Awareness Month. Traumatic Brain Injuries (an injury also known as a “TBI”) can occur in many ways – through sports, a car accident, a simple fall, or from an assault. In the military, one statistic from the Department of Defense estimated that close to 500,000 service members have suffered some degree of TBIs between 2000 and 2023.

According to a report from UC Davis Health: “A brain injury can happen to anyone, but most brain injuries occur in people ages 15-19. Children under 5 and adults over 75 are also at higher risk due to falls. Men are nearly twice as likely to be hospitalized and three times more likely to die from a brain injury than women. Among children under 14, brain injury leads to an estimated 2,685 deaths, 37,000 hospitalizations, and 435,000 emergency department visits annually in the U.S. One of every 60 people in the U.S. lives with a brain injury-related disability.”

According to the CDC, certain populations are more likely to be impacted by TBIs, including: racial and ethnic minorities; service members and veterans; unhoused people; incarcerated individuals; survivors of intimate partner violence; and people living in rural areas.

To learn more how to keep children and teens safe from brain injuries, visit the “Heads Up” resources page from the CDC here.

To learn more about how Bailey Glasser helps people with TBI, please visit here.

#BrainInjuryAwareness #TraumaticBrainInjury #TBI #BaileyGlasser