Category: Uncategorized

Claire’s Makeup Testing Positive for Asbestos

A mother in Rhode Island recently submitted makeup she bought for her 6 year old daughter to an independent lab for testing. The lab, Scientific Analytical Institute, is the same lab that found asbestos in the makeup sold at the retail store Justice.

Claire’s has pulled at least 17 products off of their shelves while they investigate the alleged issues this past week.

They issued the following statement:

“At Claire’s the safety of our customers is of paramount importance, and we are passionate about the safety and integrity of our products. We work closely with our vendors to ensure our products are tested and assessed in line with the relevant country regulations and guidelines. As a result of today’s inquiry from WJAR-TV, we have taken the precautionary measure of pulling the items in question from sale, and will be conducting an immediate investigation into the alleged issues. Once we have more information and have the results of the investigation we will take the necessary action.”

There is not currently a list available of the contaminated products and have not yet issued an “official” recall.

Our attorneys are currently investigating the claim that there is asbestos in the makeup sold at Claire’s stores. We will be willing to speak to individuals regarding these potential cases. Call our office at 303-999-9999 or 720-266-6700 and ask to speak with Jon Boesen about these claims.



9 People Injured after Shuttle Bus Roll Over near DIA

Nine people were taken to hospitals after an airport shuttle bus rolled over near Denver International Airport on Monday, the Denver Police Department said.

The shuttle from “The Parking Spot” rolled over in the area of Pena Boulevard and 78th Avenue about 2 p.m.

The crash caused traffic delays while it was under investigation. At approximately 3:30pm the shuttle bus was removed from the scene and at about 4:00pm Pena Blvd. reopened.  

It is still unclear what caused this accident and will remain under investigation.

Several of the shuttle bus riders sustained injuries ranging in severity.

If you or a person you know were involved in this accident and would like to consult with one of our experienced attorneys, call us at 303-999-9999. 

Serious Or Repeated Episodes Of Vertigo Caused By Dexilant

Dexilant (dexlansoprazole delayed-release capsule) and Dexilant Solutab are prescription drugs manufactured by Pharmaceutical Company Ltd. Dexilant and Dexilant Solutab are in a class of drugs known as proton pump inhibitors (PPI). Dexilant is approved for the following indications in patients 12 years of age or older:

• Healing of all grades of erosive esophagitis (EE);

• Maintenance of healed EE and relief of heartburn; and

• Treatment of symptomatic non-erosive gastroesophageal reflux disease (GERD).

Dexilant Solutab is approved for the following indications in patients 12 years of age or older:

• Maintenance of healed EE and relief of heartburn;

• Treatment of symptomatic non-erosive GERD.

Dexilant was first approved in 2009 for adults for indications of EE, maintenance of healed EE and treatment of heartburn associated with symptomatic non-erosive GERD. The adult dosages were dependent on the indication: 60 mg once daily up to eight weeks was the approved dosing for healing of EE; 30 mg once daily for up to six months was approved dosing for maintenance of healed EE; and once daily for up to four months was approved dosing for treatment of heartburn associated with symptomatic non-erosive GERD. Dexilant Solutab was first approved by the U.S. () in 2016.

In 2015, Takeda sought approval to include children aged 12 to 17 years in the approved indications for Dexilant. In July 2016, the FDA approved Dexilant for children aged 12 to 17 years.

From 2009 through 2016, there have been 5,635 reports to the FDA concerning side effects related to Dexilant. Of those, 331 (5.87 percent) of the people reporting side effects have reported vertigo. Fifty-five percent of the people reporting vertigo involved usage of less than one month, and 20 percent involved usage between one and six months. Seventy-five percent of the people reporting vertigo are female. More than 90 percent of the people reporting vertigo are older than 40.

In the prescribing information for Dexilant, the serious adverse reactions are identified as acute interstitial nephritis, Colostridium difficile-associated diarrhea, bone fracture, cutaneous and systemic lupus erythematosus, cyanocobalamin (Vitamin B-12) deficiency and hypomagnesemia. Common adverse reactions included diarrhea, abdominal pain, nausea, upper respiratory tract infection, vomiting and flatulence. Common adverse reactions are defined as those occurring > 2 percent.

The prescribing information identifies “less common adverse reactions” as those with an incident of less than 2 percent and includes dizziness under nervous system disorders. However, the prescribing information fails to provide any warnings or precautions that serious or repeated vertigo is a potential adverse reaction. Serious adverse events of hypertension have also been reported in association with twice daily doses of DEXILANT 60 mg, increasing the risk of stroke.

There have been reports of serious or repeated vertigo associated with the use of Dexilant. Lawyers in our firm’s Mass Torts Section are currently investigating cases involving serious or repeated vertigo and Dexilant use. If you need more information, contact Jon C. Boesen at 303-999-9999 or email him at [email protected].

Explosion near Firestone caused by oil tank battery

Photo courtesy of Mountain View Fire Rescue

Local officials in Weld County are investigation the cause of an explosion in Mead, not far from the fatal explosion that claimed two lives in Firestone earlier this year.

An oil tank battery owned by Anadarko may have been being maintained when it suddenly caught flame and created an explosion sometime after 3:00pm. The oil tank battery was located about 4 miles north from the home that exploded on Twilight Avenue in Firestone, Colorado.

A local resident, Ken Millet, said “It was like two bombs going off back to back and just the house shook and the windows,” he said. “All these homes out here are brick so it takes quite a bit to make ’em move.”

As a result of the explosion, 1 worker was fatally injured and 3 others were transported to the North Colorado Medical Center for burn treatment with critical injures, a public post on Mountain View Fire Rescue states.

No evacuations of the area have been announced at this time. Locals who are interested in staying up to date on possible evacuations should reference Mountain View Fire Rescue

Due to the ongoing investigation, officials are not at liberty to discuss further details and will not clarify if both explosions are related.

You may learn more about methane gas being discovered nearby this oil battery tank by clicking Here

If you would are located in the Oak Meadows community and would like to speak to an attorney about possible representation, please contact Jon C. Boesen at 303-999-9999 or email Jon C. Boesen at [email protected]


Pockets of methane gas detected near Firestone homes

The Colorado Oil and Gas Conservation shared their findings of the trapped methane pockets on Thursday.

In a private presentation by the Oak Meadows Homeowners Association, the COCG presented the photo showing areas with methane gas trapped underneath homes as well as red lines marking abandoned flow lines. One of the abandoned gas flow lines diagrammed led directly to the home that exploded on Twilight Avenue.

To date, the COCG has has only released data for two pockets with elevated levels of methane nearby Twilight Avenue, the same block of the fatal home explosion that occurred April 17th, 2017. It is unclear whether they have only focused on the largest pockets of methane gas in the area of the immediate explosion. Thus far, it appears that the two pockets of methane gas contain a much higher concentration of gas than that of the soil nearby the explosion site.

The explosion claimed the lives of two innocent home owners and seriously. injured two others.

Anadarko Petroleum, the current owners of the nearby wells have installed a real-time leak detection system to monitor the area for the long term. In the meantime, Anadarko has shut down three wells that it owns in the nearby area. They also plan on disconnecting all 1″ return lines from all vertical wells in Colorado.

These lines contain natural gas that is odorless and typically detectable on through a special methane gas detector.

Image provided by COCG

There are ongoing efforts to extract the vapor from the trapped pockets and soil. There has been no mention of when the area will be safe for its inhabitants again.

You may learn more about the Firestone home explosion by clicking Here.

To contact us about possible representation if you are a homeowner in Oak Meadows or the surrounding area of Firestone, please call Jon C. Boesen at 303-999-9999 or email Jon C. Boesen at [email protected].














Xeralto Trial Set for May 30th 2017

Our partners are preparing for the nation’s first trials involving the blood thinning medication . The two trials, set for April 24, 2017, and May 30, 2017, in New Orleans, will be the first “bellwether” trials in the multidistrict (MDL). The MDL is pending before U.S. District Court Judge Eldon Fallon of the United States District Court for the Eastern District of Louisiana. The two trials in New Orleans will be followed by a third bellwether trial in the Southern District of and a fourth trial in the Northern District of Texas.

Approximately 16,000 lawsuits have been filed in the U.S. against German drug manufacturer Bayer AG and Johnson & Johnson’s Janssen Pharmaceuticals. Of that number, approximately 14,000 are pending in the MDL, while another 2,000 cases are pending in state courts in , Delaware, Missouri and Pennsylvania.

Xarelto is an anticoagulant (blood thinner) initially approved in 2011 to reduce the risk of deep vein thrombosis (DVT) and pulmonary embolism (PE) following knee and hip replacement surgery. It was later approved to reduce the risk of stroke in patients with non-valvular atrial fibrillation (A-fib) and for treatment of DVT and PE. Xarelto carries a significant risk of severe, uncontrolled internal bleeding. Xarelto has been linked to gastrointestinal bleeds, rectal bleeds, brain bleeds, strokes, and bleeding-related deaths.

Louisiana native Joseph Boudreaux, Jr. is the Plaintiff in the first Xarelto trial. In January 2014, Mr. Boudreaux was diagnosed with atrial fibrillation (A-fib), and he was prescribed Xarelto to thin his blood to reduce the risk of stroke associated with A-fib. After taking Xarelto for less than a month, Mr. Boudreaux experienced severe, life-threatening gastrointestinal bleeding. Upon discovery of his severe internal bleeding, Mr. Boudreaux’s doctors discontinued Xarelto and admitted him to the intensive care unit of a local hospital. Mr. Boudreaux was hospitalized for six days, during which he received several blood transfusions, an Esophagogastroduodenoscopy (EGD), and a colonoscopy. Moreover, because of the gastrointestinal bleeding he experienced while on Xarelto, Mr. Boudreaux subsequently underwent two invasive heart procedures to treat his recurrent A-fib condition.

The second Xarelto bellwether trial involves Joseph Orr, Jr., another Louisiana resident, who filed suit on behalf of his deceased wife, Sharyn Orr. Tragically, Mrs. Orr suffered a fatal brain bleed while taking Xarelto. She was just 67 years old at the time of her death. Mrs. Orr started taking Xarelto in February 2014 for treatment of chronic A-fib. On April 24, 2015, she suddenly became severely ill. She was transported to the hospital by ambulance, where her condition continued to deteriorate to the point that she became nonresponsive.

A CT scan of her head revealed Mrs. Orr was suffering from an extensive, acute hemorrhage in her brain and a hemorrhagic stroke. Because of the Xarelto in her system and the lack of a reversal agent for Xarelto, Mrs. Orr was not a surgical candidate upon her arrival at the hospital. The next day, after Xarelto had the chance to clear her system, her doctors performed a procedure to drain the excess blood from her brain. Unfortunately, the procedure came too late and Mrs. Orr’s neurologic condition continued to worsen until she passed away on May 4, 2015, with her family by her side.

In the upcoming trials, the Plaintiffs’ center on Bayer and Janssen developing and marketing Xarelto as a blood thinner that does not require coagulation monitoring, as well as the Defendants’ conduct surrounding Xarelto’s clinical trials. The Plaintiffs assert that the Defendants defectively designed Xarelto by failing to develop a coagulation-monitoring test specifically calibrated to Xarelto that would allow doctors to assess the coagulation status of patients. Further, Defendants failed to warn and adequately instruct doctors about the ability to measure Xarelto’s anticoagulant effect on patients’ blood through currently available tests.

The ability to measure Xarelto’s effect on a patient’s blood can identify patients at high risk of bleeding and allow for the risk of bleeding to be avoided by taking the patient off Xarelto. Further, in an emergent bleeding patient, the ability to measure Xarelto’s effect on the patient’s blood can identify whether that patient has been anti-coagulated with Xarelto and accelerate the time when it is known to be safe to initiate life-saving surgery. Of course, the ability to measure Xarelto’s effect on a patient’s blood is particularly important given the lack of an available antidote for Xarelto.

Our partners in the Mass Torts Section will continue to review and file cases involving serious injuries or death related to Xarelto use. For more information, Jon C. Boesen at 303-999-9999 or by email [email protected]

Lawsuits being filed after fatal home explosion in Firestone

This will not be a class action lawsuit but will involve at least 10 other individual suits. Named defendants include Anadarko Petroleum, Noble Energy, Inc., and Hearth at Oak Meadows.

It is currently believed that Anadarko and Noble are currently or have been producers responsible for gas wells which are near the residence mentioned in the suit.

On April 17th, 2017, a home within Oak Meadows exploded. Natural gas was identified as the source of the explosion and was traced to a leak from a flow line connected to a well currently owned and operated by Anadarko.

The line connected with the explosion site was reported by investigators to not have been properly capped, purged, or properly abandoned pursuant to industry standards. The natural gas that was released from this improperly abandoned line was odorless and this would have prevented anyone from being alerted to the presence of natural gas.

To date, Anadarko and Noble have not provided the location of all the abandoned and potentially active feeder lines with the production activities near Oak Meadows. Anadarko and Noble cannot assure residents that there are no pipes or feeder lines at their residence or that gas is not introduced into the soil of the lines beneath the Oak Meadows homes.

More is developing with our ongoing lawsuit and investigation.

If you were affected or would like to learn more, contact us here

Firestone Lawsuits

Attorneys representing people living in the Firestone neighborhood where a home exploded last month will be filing the first of several lawsuits in court on Friday, Denver7 has learned. Attorneys say the first suit, and dozens more which are expected, will name Anadarko Petroleum, Mobile Energy, the Oak Meadows housing developer, and possibly more as the defendants.

The reason for those lawsuits, which will be filed individually and not as a class action suit, is for loss of property value as well as emotional trauma and anxiety to neighboring residents.

“This is not a frivolous case, this is serious. To not have the peace of mind to go home and sleep in your bed is big and we take a lot of value in that,” attorney Jason Webster said. Webster, a trial attorney from Houston, joins Dallas attorney Richard Capshaw and Denver-based firm Boesen Law in representing at least thirty clients, with that list expected to grow.

The firms are seeking damages for the loss of property values, and in the process, plan on getting answers for a lot of worried people.

“What these lawsuits can do is, it can hold Anadarko’s feet to the fire so they give us clear information,” attorney Stephen Justino of the Boesen firm said Thursday.

To read more please visit The Denver Channel. Article written by Jason Gruenauer. Original Article Here

To contact Boesen Law LLC about your prospective Firestone claim, call us at 303-999-9999 or email us at [email protected] or click here

Firestone: Why did it take a fatal explosion to spur action?

For years, they’ve known leaking underground pipes carrying oil, gas and processing waste regularly contaminate soil and water and potentially threaten thousands of people around the state, records show.

Now, the home explosion that killed Mike Martinez and Joey Irwin and left Erin Martinez traumatically burned has Gov. John Hickenlooper and other officials questioning whether, given the magnitude of the issue, enough safeguards are in place. A review by The Denver Post shows regulators for decades relied only on self-reporting by companies or complaints to identify failed pipelines even though pipelines are the leading cause of oil and gas leaks to the environment. It wasn’t until last year that the state began any program to monitor the underground pipes connecting wells to tanks and other equipment in the field.

Just three state officials are tasked with ensuring the integrity and safety of thousands of miles of pipelines in Colorado connected to about 53,000 active wells and associated with an additional 36,500 inactive wells. The Colorado Oil and Gas Conservation Commission, which regulates the industry, didn’t deploy those officials until 2016, leaving the vast majority of oil and gas pipelines still uninspected. Regulators say they don’t know where all the pipelines are located. And they leave it up to local jurisdictions to decide whether developers can build homes over them.

A proper pressure test on the supposedly abandoned pipeline in Firestone would have identified a cut in the pipe that gushed gas just 6 feet from the southeast corner of the house that exploded on April 17, state officials acknowledged Thursday.

“We’re hopeful that this will be a unique situation, that this will be a one-time occurrence,” Hickenlooper recently said. “But, until we can be absolutely sure of that, we’re going to go above and beyond all requirements for safety.”

He added: “How could we have anticipated this?”

But problems with oil and gas industry pipelines have not only been anticipated, they’ve been documented repeatedly in state records, industry spill reports, academic studies and even a crucial 2014 report state regulators prepared for the legislature.

Broken underground pipelines carrying oil or gas from wells to tanks and to other equipment in the field are the leading cause of hazardous oil and gas industry leaks, reports show.

The 2014 risk report prepared by COGCC for lawmakers identified crumbling and deteriorating pipelines as the source of half of the equipment failures that cause industry spills in Colorado. Yet that report found the state did not have a “formal program to monitor ongoing compliance” regarding integrity testing for pipelines in the state.

It took at least a year for the state to finalize how to respond. In 2016, COGCC finally deployed three people — an inspector, an engineer and a supervisor — to tackle the problem.


The new state pipeline engineer has audited 24 oil and gas operators on whether they maintain records to show they are conducting required annual pipeline pressure tests. The 2016 audits reviewed industry record keeping for only about 10 percent of Colorado flowlines — associated with about 2,760 wells — state statistics show. No operators were cited with a violation as a result of the audits.

Companies pass the audit if they can show they have conducted pressure tests on a third of their pipelines, which the company selects for review. The state has concentrated the audits on major operators, leaving much of the state where smaller operators proliferate with no current state oversight of pipelines. The engineer also reviewed reported pipeline failures and found that nearly half were caused by corrosion.

“This was my scheme to get the best effort possible,” said Stuart Ellsworth, engineering manager for the Colorado Oil and Gas Conservation Commission. “I believed this would be getting us a random-sample kind of scenario and a risk-based model that would be a forward focus that would get the state a good outcome.”

He said state officials now are reviewing the pipeline rules to see if a more robust response is warranted in light of the Firestone explosion that killed two men, one of whom was a licensed plumber.

Among the issues under review are whether they need to produce a comprehensive map of where pipelines are and make it available for public review, and whether new pressure testing should be required for smaller pipelines. State officials also are considering increasing inspections of pipelines. Operators also may end up having to install new monitoring equipment on pipelines, something only a handful of operators have done. Legislators are pushing a bill that would require the COGCC to create a statewide pipeline map that would be posted online for the public.

The April 17 explosion was caused by a cut flowline attached to an active Anadarko Petroleum well about 170 feet from the home, state and local investigators said. The men died while replacing the home’s water heater. Investigators say an odorless mix of propane and methane seeped into the house through French drains and a sump pump and ignited. Commercial gas had been turned off inside the home the day before the explosion.

The COGCC notified Anadarko in an August letter that the agency had audited the company’s pipeline pressure testing records. As a result of the audit, the agency recommended the company use GPS to accurately determine the location of its pipelines. Anadarko also should ensure that all pipelines it had acquired from another operator were registered properly with the state, the audit recommended. The audit also said the company should start documenting the cause of pipeline leaks when it reported those leaks to the COGCC and explain how such leaks would be prevented in the future.

A pressure test of the flowline that leaked gas into the Firestone home would have identified the hazard that turned fatal, Ellsworth said. That line once was connected to a nearby tank, which was moved before the Oak Meadows subdivision was built. The pipeline should have been capped at the well but instead was left connected to the well, investigators said.

State Rep. Jonathan Singer, a Democrat from Longmont who pushed for the 2014 risk-based assessment report, said that report has taken on renewed urgency after the fatal explosion. He said he and other legislators may push for a new inspection regimen for oil and gas pipelines or new restrictions on oil and gas operations.

“When you have over 50,000 active wells in the state and only a handful of inspectors, you have to use the best type of engineering available to make sure people are kept safe,” Singer said. “In 2013, that was a very abstract conversation, but just a couple of weeks ago, it got very real.”

After the explosion in Firestone, the state ordered operators to inspect and test oil and gas flowlines within 1,000 feet of occupied buildings within 30 days. Lines not in use must be properly marked and capped, and any abandoned lines must be cut 3 feet below the surface and sealed.

Records show that in 2016, COGCC began allowing operators to skip pressure testing if they installed monitoring equipment on their pipelines. The monitoring equipment is supposed to identify any pressure anomalies and immediately shut down a pipeline if anomalies are discovered. Since then, only a handful of operators have filed records showing they have installed such monitoring equipment, state regulatory records show.

In one instance, state regulators and officials with BP America Production Co. debated whether the company’s pipeline-monitoring program was adequate for a variance from pressure testing, records show. BP wanted to stop pressure testing 542 natural gas flowlines and 505 miles of processed water waste flowlines in La Plata and Archuleta counties, records show. The regulators pushed back, noting that BP’s monitoring program in 2015 failed to identify two leaks of production waste from corroded pipelines.

“No continuous pressure monitoring program is guaranteed to detect all leaks,” BP said in a letter, which stressed that additional company safeguards had been developed.

COGCC granted the variance.

The 2014 report was prepared for lawmakers, who passed legislation in 2013 requiring a risk-based assessment of how the state inspects oil and gas operations. The commission submitted the report in February 2014 to three legislative committees, one in charge of writing the state budget and two others overseeing natural resources.

To prepare the report, the commission hired a Maryland-based environmental consulting firm, S.S. Papadopulos and Associates Inc., which reviewed 1,638 spill reports filed with the commission from 2010 to mid-2013. The consultants found that nearly 80 percent of spills occurred during production and that nearly 70 percent of those production spills were caused by equipment failures, 50 percent of which were due to pipelines.

“Those leaks are different than these leaks,” Hickenlooper told reporters in his office last week when asked why state officials’ extensive knowledge of pipeline leaking had not been sufficient to prevent a tragedy such as the Firestone blast.

“To me, this feels almost like a perfect storm,” Hickenlooper said. “Somehow, that line got severed. I’m not sure how it got severed. I’m not sure whether it was done by excavation for housing, or whether it was done by oil and gas.”

“When there is a leak from a flowline that gets into groundwater, we require complete remediation,” he said. “That is part of the reason why, with modern wells, we try to keep track of those flowlines as much as possible.”

But Joseph Ryan, a University of Colorado environmental engineer, whose studies have identified oil and gas pipelines as susceptible to major spills, said the state needs to reconsider its current approach. State officials should consider requiring better public mapping of flowlines and also restricting how closely flowlines can be located to housing, Ryan said.

“If we view the flowlines as hazards — and, after what happened a couple of weeks ago, I cannot see how we would not see it that way — having public records of where these flowlines are located would be important,” Ryan said.

He added: “How many of these flowlines are near homes?”

That’s a question now being asked east of Berthoud, where Extraction Oil and Gas in the past week began fracking two new wells drilled less than 500 feet from a house in a wetlands area around a reservoir. Under state rules, the buffer of 500 feet can be waived if landowners grant permission.

While red trucks lined up with the sand and water for fracking, neighbors fumed about the dust and truck traffic that they say is disturbing their lives. Oil and gas industry officials approached other landowners in the area asking whether they would allow wells on their property for payments of around $3,000 a month, said resident Stephanie Nilson, who raises draft horses just north of the pastures where Extraction crews were working at full force.

“That money could have paid my whole mortgage, but I am more into my horses,” Nilson said. “We didn’t even debate it. We don’t want them around here. Look what happened in Firestone.”


Content Property of it’s respective owners at the Denver Post – Read original Article Here