Asbestos – Raising the Bar in Asbestos Litigation


In June 2020, Mark Zellmer published 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 studied asbestos for the past 20+ years, focusing his attention on historical exposure to gaskets, brakes, and other encapsulated products. He has published nearly 30 papers on the toxicology of, and/or exposures 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 proposed asbestos regulations or asbestos litigation, 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.