Asbestos – Raising the Bar in Asbestos Litigation

Paustenbach, 2004


In June 2020, Mark Zellmer pub- lished a “Perspectives” paper in this journal titled “Chrysotile and the EPA: Part of a Continuing Saga.” In response, Blouin, Kelly, and Wetmore published a rebuttal in the August 2020 issue titled “Dangerous Denial: Illogical Defense Bar Commentary Ignores Well- Established Science that Chrysotile Asbestos Kills.” This prompted Mark Zellmer to write another article in the October 2020 issue of this journal.


Speculation v. Fact: The Dangers of the Proposed Risk Assessment on Chrysotile Asbestos A Commentary from Dennis Paustenbach, Ph.D., C.I.H., D.A.B.T. And David Brew, Ph.D.

The senior author of this piece has stud- ied asbestos for the past 20+ years, focus- ing his attention on historical exposure to gaskets, brakes, and other encapsulated products. He has published nearly 30 papers on the toxicology of, and/or expo- sures to, these products. He is of the opinion that the August 2020 article by Blouin et al. had virtually no basis, and is among the weakest articles regarding pro- posed asbestos regulations or asbestos liti- gation, and it represented no more than a plaintiff lawyer’s “opening argument” in a toxic tort case. unfortunately, it seems to mimic a recent trend of stating fiction as fact.