Providence Car Accident and Personal Injury Lawyer-Rhode Island
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Attorney suggests Judge a pedophile, Brawls with Security, shouts profanities at Clerks

Attorney suggests Judge a pedophile, Brawls with Security, shouts profanities at Clerks | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
I thought I had seen everything and then comes this nut from Kansas who at one time was a licensed lawyer (believe it or not). He was disbarred for crude,
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The ABA Journal reported that “A Kansas City lawyer has been disbarred for charging a soldier a fee of $3,500 an hour, shouting profanities at court clerks, brawling with court security officers and suggesting that a judge is pedophile.”

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Phillips CPAP Lawsuit Lawyers | Sleep Apnea Machine Attorneys

Phillips CPAP Lawsuit Lawyers | Sleep Apnea Machine Attorneys | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
CPAP machines are used to treat those who have obstructive sleep apnea disorder. The machine takes pressurized air from the room and delivers it to the patient through a mask that they wear over their face. The CPAP machine depends on clear air because this goes directly to the patient’s lungs. It is the most […]
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CPAP machines are used to treat those who have obstructive sleep apnea disorder. The machine takes pressurized air from the room and delivers it to the patient through a mask that they wear over their face. The CPAP machine depends on clear air because this goes directly to the patient’s lungs. It is the most common way of treating sleep apnea.  

 Philips is a major manufacturer of CPAP machines. It has recently recalled several models of machines because of defects that make the air that patients breathe dangerous. Specifically, patients have been inhaling chemicals that can cause cancer while they sleep. The device itself has a foam in it that breaks down over time. The particles find their way into the air that users breathe and end up in their lungs.  

 

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Laparoscopic Power Morcellation lawsuit | Cancer diagnosis

Laparoscopic Power Morcellation lawsuit | Cancer diagnosis | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Your Power Morcellation lawyer can inform you of a Power Morcellator lawsuit if you diagnosed with cancer and chance of a settlement.
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Talcum Powder Lawsuit | Complications and Ovarian Cancer

Talcum Powder Lawsuit | Complications and Ovarian Cancer | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
If you or a loved one believe that a case of cancer was caused by talc powder, you should contact a Talcum Powder lawsuit attorney.
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The Talcum Powder lawsuits against Johnson & Johnson involving its talcum powder have made headlines recently in the wake of several large jury verdicts against the company. The talcum powder has been alleged to have caused mesothelioma and ovarian cancer cases among women, and some men. The victims claim that the powder contains asbestos. The company has been facing staggering liability that has knocked down its share price. Johnson & Johnson has already had awards of over $5 billion assessed against it. Johnson and Johnson faces more possible liability in the future as there are over 10,000 pending cases alleging a connection between its flagship product talcum powder and cancer. If talcum powder caused you cancer, you need to cease searching on google for “talcum powder causing cancer” and retain an attorney to hold Johnson and Johnson accountable for any wrongdoing.

 

Talcum powder lawsuit

 

GENERALLY ACCEPTED LAWYER CRITERIA TO ACCEPT A TALCUM POWDER LAWSUIT:

  1. The victim must have applied Johnson & Johnson Baby Powder or Shower to Shower at least 1 time per day for a four year period or 2 times a day for a two year time period.
  2.  The use must have been taken place post 1982. (not all firms require this express criteria)
  3.  You must have used the talcum powder in the genital area. (at least dusted)
  4.  The victim must be a female.
  5.  You must have a diagnosis of Ovarian Cancer or Fallopian Tube Cancer and such diagnosis must be in 2005 or after 2005. (some firms will accept pre 2005 if you have a surgical pathology report)
  6. Some law firms will only accept victims between 25-75 years old.
  7. Some firms will accept a diagnosis of mesothelioma, cervical cancer or lung cancer diagnosis as well as ovarian Cancer.
  8.  Some law firms require a positive biopsy indicating evidence of talcum powder.
  9. Some law firms will not accept a victim that has a genetic disorder pre-disposing her to ovarian cancer. These genetic disorders include BRCA 1 gene or BRCA 2 gene.

Update- 1 -22-2021- “A federal judge in California last week dismissed a talcum powder lawsuit against global health and personal care products giant Johnson and Johnson. Claimants Louisa Gutierrez and Debbie Luna alleged that they were “misled” about asbestos in Johnson and Johnson’s talcum powder by company advertising implying the powder was safe.  On Jan. 22 U.S. District Court Judge Todd Robinson dismissed the talcum powder lawsuit “with prejudice,” which means that the decision is final and can’t be appealed or corrected, as reported by Law360.” Med Truth

1-12-2021- “Imerys SA is pressing ahead in an effort to get out from under lawsuits over its U.S. mining operation, Imerys Talc America Inc., over the protests of health-care company Johnson & Johnson . The Imerys talc-mining business, which supplied talc for Johnson’s Baby Powder, had been hit with lawsuits claiming the product caused cancer. It was placed into chapter 11 protection in 2019 and sold in 2020 for $223 million, with the proceeds earmarked for a trust to pay cancer claims. It is now trying to win court permission to seek creditor approval of its bankruptcy repayment plan. Johnson & Johnson, which has denied liability and is fighting the lawsuits, says Imerys Talc’s bankruptcy is an improper effort to immunize the mining company’s French parent, and make it easier for cancer victims to sue Johnson & Johnson. “J&J believes in the safety of its products,” said Ronit Berkovich, a lawyer for Johnson & Johnson.” WSJ

11/05/2020- “The first virtual trial involving cosmetic talcum powder ended abruptly this week after the plaintiff, a 54-year-old man with mesothelioma, became too ill to communicate with his attorneys. Alameda County Superior Court Judge Stephen Kaus told jurors, via Zoom, that he would have to declare a mistrial.” Law

11/03/2020- “Missouri’s highest court on Tuesday refused to consider Johnson & Johnson’s JNJ.N appeal of a $2.12 billion damages award to women who blamed their ovarian cancer on asbestos in its baby powder and other talc products. The Missouri Supreme Court let stand a June 23 decision by a state appeals court, which upheld a jury’s July 2018 finding of liability but reduced J&J’s payout from $4.69 billion after dismissing claims by some of the 22 plaintiffs. Johnson & Johnson said it plans to appeal to the U.S. Supreme Court. It said the verdict was the product of a “fundamentally flawed trial, grounded in a faulty presentation of the facts,” and was “at odds with decades of independent scientific evaluations confirming Johnson’s Baby Powder is safe, does not contain asbestos and does not cause cancer.” (Reuters)

10/13/2020- “After a seven-month lull due to COVID-19, talcum powder litigation is back in the news and in a big way. According to a Bloomberg report, Johnson & Johnson used the trial hiatus to hold settlement talks. And after four years of litigation, the company for the first time has agreed to a set of major talcum powder settlements.  Johnson & Johnson will reportedly pay $100 million to settle more than 1,000 lawsuits that allege its talc-based baby powder causes cancer. The settlements include more than 75 mesothelioma cases brought by Simmons Hanly Conroy, according to Bloomberg.” Drug watch

8/07/2020- “A New Jersey appeals court’s decision to revive two lawsuits accusing Johnson & Johnson’s iconic Baby Powder of causing cancer may lead to the reinstatement of about 1,000 suits targeting the talc-based product. A three-judge panel of the New Jersey Superior Court said Wednesday a trial judge erroneously threw out expert testimony backing up claims by two women that talc caused their ovarian cancers, clearing the cases for trial. The ruling could also affect other talc cases on hold before the same judge.” Insurance Journal

6/23/20- “On June 23, in a unanimous decision, a three-judge panel of the Missouri Court of Appeals for the Eastern District reduced the damages awarded by the jury in a 2018 trial that linked Johnson & Johnson talc products to cancer, by more than half from $4.7 billion to $2.12 billion, even as it upheld the verdict itself. J&J had appealed the massive verdict in favor of 22 women suffering from ovarian cancer and continues to maintain its product is safe and asbestos-free.”  Versus 

5-19-2020- “Johnson & Johnson is discontinuing North American sales of its talc-based baby powder, a product that once defined the company’s wholesome image and that it has defended for decades even as it faced thousands of lawsuits filed by patients who say it caused cancer.The decision to wind down sales of the product is a huge concession for Johnson & Johnson, which has for more than a century promoted the powder as pure and gentle enough for babies. The company said on Tuesday that it would allow existing bottles to be sold by retailers until they ran out. Baby powder made with cornstarch will remain available, and the company will continue to sell talc-based baby powder in other parts of the world.” NY Times

WHAT IS TALCUM POWDER? 

Many people have come to associate Johnson & Johnson with baby powder. The product is made out of talc, which consists of magnesium, silicon, and oxygen. The product is intended to remove excess moisture from the skin and keep it soft. The product is one of Johnson & Johnson’s highest grossing offerings on the market. According to Johnson & Johnson’s annual report, the Skin Care and Baby Care product segments were responsible for over $6 billion of revenues in 2017.

TALCUM POWDER LAWSUIT 

“Johnson & Johnson paid a steep price this year for claims that its celebrated baby powder was contaminated with asbestos. Problem is, 2019 could be even worse. A jury ordered the company in July to pay $4.69 billion to 22 women who blamed the talc-based product for causing their ovarian cancer. The prospect of similar judgments helped erase $45 billion in J&J’s market value, with the shares headed for their biggest annual loss in a decade.” Bloomberg

“Next year, the world’s largest maker of health-care products is scheduled to face almost three times as many baby-powder trials. Four will be in St. Louis, the same state court where the company lost the July verdict. Several of the trials involve multiple alleged victims, including one with 38 women set to start in August, according to court filings.” Id. “The increased number of trials, especially in what is considered a plaintiff-friendly venue like St. Louis, doesn’t augur well for J&J,’’ said Elizabeth Burch, a University of Georgia professor who teaches about mass-tort law. “The more they lose, the more cases will be filed. I just don’t see how they are going to get a handle on this litigation.’’ Id. “The pendency of the state court litigation thus demonstrates the need for centralization of this litigation.” In re Johnson & Johnson Talcum Powder Prods. Mktg., Sales Practices & Prods. Liab. Litig., 220 F. Supp. 3d 1356, 1358 (J.P.M.L. 2016)

WHAT TYPES OF QUESTIONS WILL MY TALCUM POWDER LAWYERS ASK ME?

  • Did you ever use talc powder in your genital / private area?
  • Do you have any of the following types of cancer: Ovarian cancer, Peritoneal cancer, Fallopian tube cancer, Omental cancer, Cervical cancer, Endometrial cancer, Uterine cancer, Valvar cancer, Vaginal cancer or other cancer?
  • What talcum powder did you apply? Shower to Shower or Johnson’s Baby Powder?
  • Did you purchase the talcum powder product at Publix, Kroger, Target, Wal-Mart, CVS, Walgreens or Rite Aid?
  • Date commenced using Talcum powder and date ceased using talc powder?
  • How many times during the course of a day did you use talc?
  • Was there a time period where you did not use the powder?
  • Do you have any witnesses who saw you using the powder?
  • What are the nature of your complications and symptoms?
  • what made you cognizant that your cancer was caused by your use of talcum powder?
  • Names and addresses of all hospitals and treatment providers?
  • Are you in cancer remission?
  • Have your ovaries or fallopian tube ever been removed?
  • Do you have a prior diagnosis of cancer?
  • Is there a history of cancer in your family?

LINKS BETWEEN TALCUM POWDER AND CANCER 

However, it has been alleged that the talc powder contains asbestos in addition to its other ingredients This is what is leading to the increase in talcum powder lawsuit. Notwithstanding Johnson & Johnson’s denials, talc and asbestos occur near each other in the ground. Many other products, such as Crayola crayons, that are made with talc, have also been shown to include traces of asbestos.

Although the Cosmetic, Toiletry, and Fragrances Association issued voluntary guidance in 1976 that stated that talcum powder should be asbestos free, there have been many reports of cancer that has been linked to talc powder. Specifically, talcum powder has been alleged to be the cause of ovarian cancer in women. Normally, one in every 75 women will develop ovarian cancer over the course of their lifetime. However, usage of talc powder can increase a woman’s risk of developing ovarian cancer by roughly 33 percent according to a study published in the European Journal of Cancer Prevention.

TALCUM POWDER OVARIAN CANCER

Johnson & Johnson continues to sell talc-based powders despite the reports of the linkage to ovarian cancer. There has been nothing that has disproved the allegation of the causal relationship between talcum powder and cancer. Although the FDA did not find concrete traces of asbestos in talc when it tested in 2009, it pointedly refused to rule out the fact that talc powder could contain asbestos. The FDA has released no further studies even as the evidence that talc can cause cancer mounts. The World Health Organization has stated that genital use of talc baby powder as possibly carcinogenic although the Centers for Disease Control has not yet issued that finding.

LAWSUITS FILED AGAINST JOHNSON & JOHNSON 

There have been a large number of talcum powder lawsuits that have been filed against Johnson & Johnson seeking compensation for harm that has allegedly been caused by talcum powder usage. Although Johnson & Johnson has won some of these baby powder lawsuits, the number of verdicts against the company has been rising.  baby powder lawsuit , Plaintiffs, have won over $5 billion in awards against the company.

PRESENCE OF ASBESTOS IN THE TALC POWDER MAKES IT DANGEROUS

The complaints have alleged that Johnson & Johnson has known that its talc powder contains asbestos since 1973, which was two years after the first report of a linkage. However, according to the plaintiffs, Johnson & Johnson manipulated the test results to show that its products were safe. The presence of asbestos in the talc powder makes it dangerous and unfit for its ordinary use. The plaintiffs have claimed that not only did Johnson & Johnson know of the dangerous nature of its product, but it had the duty to warn its customers of the potential harms they could face from using the product and did not do so. Despite these known dangers and the increased amount of talcum powder lawsuit lawyers, the company continued to sell the product.

TALCUM POWDER CAUSING CANCER

The company had won many of the initial cases that were filed against it. However, the cases have recently been broadened to include allegations of asbestos in the powder. In addition, there are now claims that have been filed alleging that the talc powder causes mesothelioma in addition to ovarian cancer. In April 2018, Johnson & Johnson lost its first major lawsuit in this series of litigation when a jury awarded $117 million to a man suffering from mesothelioma. In addition, the company lost another case in California the following month.

OVARIAN CANCER AND TALCUM POWDER

Johnson & Johnson recently lost a landmark case in this series of lawsuits. In Missouri, 22 women filed suit against Johnson & Johnson, claiming that they developed ovarian cancer after using talc powder. After a five-week trial, the company was found to be liable for the cancer. The jury needed only 45 minutes of deliberations to assess $4.14 billion of punitive damages against the corporation. In addition, the jury found that the plaintiffs were entitled to $550 million in compensatory damages for a total award of $4.7 billion. The trial judge affirmed the jury’s verdict, but Johnson & Johnson has promised to appeal the  talcum powder  cancer verdict as its stock took a major hit on the news of the jury’s verdict.

BABY POWDER AND OVARIAN CANCER

Currently, there are over 10,000 claims pending against Johnson & Johnson related to talc powder. Although the tide appeared to have been turning, the company’s legal liability is far from a settled issue. The company recently did obtain a favorable verdict in a case in New Jersey as well another one in California. Nevertheless, the threat of the large liability that Johnson & Johnson faces has served to suppress the share price. There are many claims that are still pending and there is now some precedent for finding the company liable for the connection between talc powder and cancer.

When you contact an attorney to discuss your case, you can receive an assessment of your chances of obtaining compensation for any harm that you may have suffered by using talc powder. The attorney can advise you of your legal rights and can explain the process for achieving a legal remedy.

TALCUM POWER 

The links between talc powder and ovarian cancer are hotly disputed, even as the matter is well into litigation. There have been numerous scientific studies that have demonstrated that there is some linkage between the two. In addition, there have been some internal communications unearthed that have shown that Johnson & Johnson was at least informed about a possible connection between talc powder and ovarian cancer as far back as the late 1960s. Nevertheless, Johnson & Johnson continues to advance the results of its own research to deny that usage of talc powder causes cancer.

CONNECTION BETWEEN TALC POWDER AND CANCER

The first study that indicated that indicated a possible connection between talc powder and cancer was released in 1968. While the study did not conclude that there was a direct causation, it suggested that there may be a linkage between ovarian cancer and the usage of talc powder. This particular connection was due to the similarity between talc and asbestos and the possibility that talc powder could contain asbestos. The conclusion was reached as a result of animal research which showed that the application of talc powder made cells abnormal.

The next major study in this area was issued in 1971. The researchers studied samples of the tissue from patients who had ovarian cancer. While there were no asbestos particles spotted in any of the tissue extracted and studied, three quarters of the tumors surveyed were found to contain particles of talc powder. The study noted that talc and asbestos particles are often indistinguishable from each other in appearance.  The tumors had a similar “decoration pattern” to that of talc. In addition, talc particles were found to be deeply embedded within the tumors. This finding applied not just to ovarian tumors, but also to tumors that were located within the cervix. However, the proportion of cervical tumors that contained talc was slightly lower than that of the ovarian tumors. Talc particles were also found to be a part of breast tumors.

STUDY THAT WAS PERFORMED IN 1982

It is important to note that this study did not make a declaration that talc was responsible for the tumors. However, it did note the prevalence of talc within a majority of the tumors that were in the sample. This study did set the stage for further research work to be conducted in this area.  There was a larger study that was performed in 1982 by Dr. Daniel Cramer of the Brigham and Women’s Hospital. Dr. undertook a study of the epidemiology of ovarian cancer. The researcher was not necessarily trying to establish a link between talc powder and ovarian cancer, but only to ascertain risk factors and biomarkers for the disease. Dr. Cramer concluded that one of the events that increased risk for ovarian cancer was cosmetic talcum powder use. Dr. Cramer studied over 400 women and concluded that the risk of cancer was increased both by cosmetic usage and well as through sprinkling talc powder on a sanitary napkin. He specifically looked at usage in the genital area when studying the possible links between talc powder and ovarian cancer.

Dr. Cramer argued that the fact that talc did not break down in the body meant that the particles could travel throughout the body. Specifically, they could move from the vagina, uterus, and fallopian tubes to the ovaries and cause tumors there. Dr. Cramer published several other studies examining the connection between the two. He also met with Johnson & Johnson executives to discuss the results of his study with them. Dr. Cramer has continued to publish research into this are for over 30 years. He has been retained as an expert witness in some of the lawsuits that have been filed against Johnson & Johnson.

MORE RECENT RESEARCH STUDIES

The more recent research studies have also continued to advance this theory. From the outset of the research until 2008, there were no fewer than 16 studies that advanced some sort of tie between talc powder and ovarian cancer. One, undertaken in 2006, focused specifically on talc usage in the genital area as a potential cause for ovarian cancer.  In 2008, there was a study that cast some doubt on the linkage. A 2014 editorial stated that one of the problems in reaching a conclusion of a connection was the reporting bias involved. In other words, women who have ovarian cancer and believe that they contracted it after using talc would be more likely to report the cancer. In addition, talc content among products is not uniform and it is difficult to quantify how much talc each of the women who reported cancer used.

2014 STUDY OF 61,000 WOMEN

Other studies have reached differing results. A 2014 study of 61,000 women concluded that there was no link between talc powder and ovarian cancer. A 2016 study of 600 African-American women postulated that there was a moderate linkage. There is research that can be used by both sides of the argument.

One thing that is established is that Johnson & Johnson has long been aware that there is at least a potential connection between talc and cancer, notwithstanding its firm denial of the fact. In December 2018, Reuters issued a special report that covered the issue of what Johnson & Johnson knew and when they knew it. Reuters examined internal company documents that dated all the way back to 1971, which was when study results about possible ovarian cancer were just starting to be published. Reuters even found a mention of research results from the late 1950s that speculate about talc powder being tainted.

JOHNSON & JOHNSON SUBJECTS ITS OWN PRODUCTS TO INTERNAL TESTING

Johnson & Johnson subjects its own products to internal testing. At least some of the test results, including three in the early 1970s, have showed that talc powder contained some level of asbestos. However, the company has also received test results that have reached the opposite conclusion. While Johnson & Johnson has been confronted with its own internal documents that acknowledge that talc powder contains asbestos, they have attempted to explain it by saying that it is the industrial talc powder that contains asbestos. The company denies that its talc powder for personal use contains any asbestos.

THE COMPANY FOUND TREMOLITE AND ANOTHER MINERAL THAT CAN OCCUR AS ASBESTOS AS EARLY AS 1967

The company had found tremolite and another mineral that can occur as asbestos as early as 1967. In 1971, a team of researchers had sent results of their own tests to Johnson & Johnson that found asbestos in talc powder. However, Johnson & Johnson argued that their talc contained only traces of asbestos and that any suggestions to the contrary were part of a concerted campaign by company opponents hostile to the use of talc. What is clear is that the possibility that asbestos is carcinogenic is not a new one and is an issue that the company has been dealing with for over 50 years no matter how vehemently it denies the linkage.

UPCOMING TRIALS INVOLVING TALC 

In the meantime, Johnson & Johnson faces nearly 12,000 talcum powder lawsuits by women who claim that they were harmed by using talc powder. In one case, Johnson & Johnson settled a talc powder claim for the first time. The company paid $1.5 million to a woman from New York City. If these numbers were extrapolated across all of its cases, the company could be facing close to $20 billion of potential liability. Nevertheless, the company denied that this case portended that it would be pursuing a global settlement with all of the plaintiffs in the case.

According to Bloomberg, 21 cases involving talc powder are slated to go to trial in 2019. A majority of these cases will be in front of juries in California. One case involves a man who recently died from an asbestos-related cancer. His claim states that he used talc powder for 30 years, which led to the cancer. In addition, there is a case being tried that involves 24 women who claim that they were sickened by talc powder. If they prevail on their claim, it could set the stage for another large jury verdict.

BABY POWDER LAWSUIT

The debate rages on as not only academics, but juries as well, have taken differing views of whether use of talc powder causes cancer. This is not likely an issue that will be resolved anytime soon. In the meantime, talcum powder lawsuit lawyers for both the plaintiffs and defense will be seeking to persuade juries of their side of the argument. Still, women who are diagnosed with ovarian cancer should consider whether or not they have used talc genitally at any time. If the answer is yes, they should immediately seek out a talc powder lawsuit lawyer even if juries have not yet come to a unanimous conclusion that talc powder is to blame for ovarian cancer.

Sources:

Cancer.org

NY Times

Does baby powder cause cancer

Talcum Powder Ovarian Cancer

Jury Orders 4.7 billion in Missouri Asbestos Cancer Case

CDN

ncbi

Journals

ncbi

acedemic

https://www.cnn.com/2018/04/11/health/talc-ovarian-cancer-cases/index.html

https://www.reuters.com/article/us-johnson-johnson-cancer-special-report/special-report-jj-knew-for-decades-that-asbestos-lurked-in-its-baby-powder-idUSKBN1OD1RQ

https://www.bloomberg.com/news/articles/2018-12-21/j-j-s-tainted-talc-risk-expands-as-cancer-trials-triple-in-2019

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Diagnosing and Treating Traumatic Brain Injury

Diagnosing and Treating Traumatic Brain Injury | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
The length of rehabilitation therapy and where it is provided will depend on how severe the brain injury is and the brain injury's location.

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Rhode Island Pedestrian Accident Lawyer | Slepkow Law (Est. 1932)

Rhode Island Pedestrian Accident Lawyer | Slepkow Law (Est. 1932) | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
CALL Rhode island Pedestrian accident - car accident lawyer, David Slepkow 401-437-1100. RI personal injury attorney. Providence wrongful death lawyers.
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Ford Speed Control Deactivation Switch Failures Causing Fires

Ford Speed Control Deactivation Switch Failures Causing Fires | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Ford Speed Control Deactivation Switch Failures Causing Fires leading to death or catastrophic injury? Contact a Ford Fires lawsuit lawyer.
David Slepkow's insight:
FORD SPEED CONTROL DEACTIVATION SWITCH FAILURES CAUSING FIRES

If you are like many vehicle owners in America, you casually set aside vehicle recall notices to potentially deal with with the recall later. Yes, many of these recalls are minor fixes, but some warn of very serious defects that may result in loss of property or life if you ignore them. More than 16 million Ford, Lincoln, and Mercury vehicles were equipped with a Speed Control Deactivation Switch (SCDS) between 1992 and 2004.  Some 10.3 million of these vehicles have now been recalled by The National Highway Traffic Safety Administration and Ford Motor Company. Since failure of this speed control deactivation switch has resulted in fires that started at night while the car was parked in the garage, there is significant risk of loss to property and life. Nevertheless, 5.7 million Ford vehicles equipped with this same switch have not been recalled. If you were injured or a loved one was killed  as a result of a defective speed control deactivation switch, contact a speed control deactivation lawsuit law firm a product liability wrongful death lawsuit will help he victim’s loved ones get justice and accountability against the wrongdoer. Many victims are seeking information about Ford f150 cruise control recall.

 

Ford Fires lawsuit

 

WHAT IS A SPEED CONTROL DEACTIVATION SWITCH (SCDS)?

For several years, the SCDS was included in cruise control systems installed in Ford vehicles. In fact, it was supposed to provide a backup safety switch which would engage if the primary cruise control failed to disengage when the user pressed on the brake pedal. It was located on the end of the brake master cylinder.

DISENGAGE WHEN THE USER PRESSES DOWN ON THE BRAKE PEDAL

If the cruise control system operates properly, it will disengage when the user presses down on the brake pedal. A sensor reacts to the added pressure, forcing two electrical contacts to open, thereby breaking a closed electrical circuit. When the circuit opens, the cruise control is designed to release. If the circuit fails to open or the cruise control fails to disengage, the backup SCDS should release the cruise control for the primary electrical deactivation switch.

WHY DO THESE SWITCHES CAUSE FIRES?

When Texas Instruments developed the Speed Control Deactivation Switch, it was designed to run on a small intermittent DC load (1-2 amperes). However, Ford installed the switches into a 15-ampere continuous circuit. The 15-amp circuit was always on , regardless of whether the vehicle was turned on or the key was in the ignition. The SCDS is enclosed inside a plastic case designed to seal brake fluid out. Unfortunately, when the seal failed in several SCDS switches, the highly flammable brake fluid met the overheated switch. Deaths resulted in several states when vehicles parked inside garages caught fire in the middle of the night, setting the house or building on fire.

HISTORY OF COMPLAINTS

The first recall related to this SCDS switch took place on May 13, 1999. At that time, Ford recalled 263,000 Lincoln Town Car, Ford Crown Victoria, and Mercury Grand Marquis.  (Reis & O’Connor, 2006) Ford and the National Highway Transportation Safety Administration (NHTSA) investigated over 100 complaints during 1998 and 1999; however, Ford continued to install the same switches in Ford, Lincoln and Mercury vehicles through model year 2004.

SPEED CONTROL DEACTIVATION SWITCH LAWSUIT

In 2001, the NHTSA opened a new investigation after receiving 12 complaints of fires starting in engine compartments. Two fires resulted in homes burning to the ground when vehicles parked in garages caught fire. All 12 vehicles were outside the scope of the original recall. Despite their findings, the NHTSA concluded “a safety-related defect trend has not been identified and further use of agency resources does not appear to be warranted.” (Ford Cruise Control Deactivation Switch Recalls and History, 2010)

Not six months later, the NHTSA began another investigation into SCDS fires in Ford F-150, Expedition, and Lincoln Navigators. This investigation covered 36 fires in engine compartments while the vehicles were off and parked. This investigation did result in the recall of all trucks and SUVs named in the investigation. At this time, the NHTSA reported 218 fires in vehicles outside the original recalls. Public pressure and continuing reports of fires in SCDS switches forced Ford to make three additional recalls.

WHY DON’T ALL VEHICLES EQUIPPED WITH AN SCDS CATCH FIRE?

Vehicles built with the Speed Control Deactivating Switch will not catch fire if they do not leak brake fluid. When brake fluid meets an overheating SCDS, fire can occur.

WARNING SIGNS THAT YOUR SCDS MAY BE AT RISK OF FAILING

If your vehicle was built during these years but has not been recalled, there are several warning signs you should be aware of:

  • Cruise control does not seem to work properly (usually disengaging while you are driving in cruise control),
  • Your vehicle shows evidence of brake fluid leaking from the SCDS,
  • Your vehicle seems to have trouble shifting out of park,
  • Brake lights work sporadically,
  • Brake warning lights come on intermittently,
  • Battery won’t hold a charge,
  • Blown fuse #12,  (Reis & O’Connor, 2006) or
  • If a mechanic tells you the fuse for the cruise control has melted.

If any of the listed warning signs apply to your Ford vehicle built between 1992 and 2004, contact your local Ford dealership to discuss eligibility for repair. If you were injured or a loved one was killed, contact a speed control deactivation lawsuit lawyer.

RECALL LIST

Check to see if your vehicle is included on the SCDS recall list. If your Ford vehicle has incurred a fire that you have not reported, the incident should be reported to Ford and The National Transportation Safety Board. Our Firm reviews cases involving Ford SCDS defects. If you have experienced a fire related to an unexplained fire in the engine compartment of your vehicle, we would like to help you determine whether a product defect was responsible for your loss.

REFERENCES

BIBLIOGRAPHY Ford Cruise Control Deactivation Switch Recalls and History. (2010, Feb 22). Retrieved from The Center for Auto Safety:  Auto Safety 

Ford Speed Control Deactivation Switch Fires. (n.d.). Retrieved from Garrett Engineers, Inc:

Reis, J. W., & O’Connor, C. (2006, Spring/Summer). Ford’s Speed Control Deactivation Switch — Out of Control? Retrieved from NASP Subrogator:

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Truvada Lawsuit (TDF) – Bone Loss & Kidney Damage | HIV Medication

Truvada Lawsuit (TDF) – Bone Loss & Kidney Damage | HIV Medication | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Truvada Lawsuit (TDF) – Bone Loss & Kidney Damage | HIV Medication Despite recent Truvada lawsuits, Gilead Biosciences’ HIV drugs in the Truvada family have been a giant moneymaker for the company since they were introduced in 1997. This particular class of drugs also known as PrEP, which consisted of five separate medications, made billions […]
David Slepkow's insight:

Despite recent Truvada lawsuits, Gilead Biosciences’ HIV drugs in the Truvada family have been a giant moneymaker for the company since they were introduced in 1997. This particular class of drugs also known as PrEP, which consisted of five separate medications, made billions of dollars in profits for the company before their patent protection ran out and the company replaced these drugs with a new product that also has earned the company outsized profits. Now, the company is facing a multitude of lawsuits claiming that the first generation of drugs caused bone and kidney damage. The company is now accused of suppressing the knowledge that it had that these drugs could be dangerous in order to maximize their profits and to keep selling this class of drugs for as long as possible.

 

 

Truvada lawsuit

 

GILEAD HAS FACED ALLEGATIONS RELATING TO TRUVADA FOR YEARS

The allegations that are at the core of these lawsuits have been levied against Gilead for many years. The basic claims in the lawsuit accuse Gilead of purposefully delaying the release of a safer drug so that they could continue to maximize their profits from a drug that they knew to be dangerous. According to the plaintiffs, Gilead continued to sell this possibly harmful drug for over ten years with the knowledge of the harm that it could cause.

For years, Gilead’s flagship HIV drugs were a series of medicines known as tenofovir disoproxil fumarate (TDF). These are sold under the brand name of Truvada. Eventually, when the patent protections on TDF ran out, Gilead switched to selling tenofovir alafenamide fumarate (TAF). There are differences between these two classes of drugs. Both of these drugs are antiretroviral medications. TDF has a much shorter half life than TAF. As a result, TDF must be given in much higher doses than TAF in order to be effective. The TAF dose is only a fraction of the drug content of TDF since much less is required in order to achieve the same result.

TRUVADA LAWSUIT

TDF was a class of drugs. There were five different drugs in the class that were sold at one point or another in the last 20 years. Since Gilead is one of the dominant drug manufacturers in the HIV space, hundreds of thousands of people have taken one of these drugs over the years. Regardless of the type of HIV drug, Gilead markets them all under the name of Truvada.

TDF AFFECTS BONE DENSITY AND RENAL FUNCTION

The problem with TDF is that there are negative impacts on both renal function as well as bone density. When TDF was first released, Gilead toured it as a “miracle drug.” Not only that, but the company also stressed the drug’s safety. However, Gilead soon ran afoul of the FDA as a result of the claims that it was making. The regulator took action against Gilead for these claims and directed it to stop making unfounded marketing claims.

However, at the same time that Gilead was making these claims, they allegedly had information in their hands that contradicted the promises of safety. Gilead allegedly had this information in its hands nearly the entire time that it was selling TDF drugs. In fact, one of the lawsuits alleges that Gilead even put this knowledge into a patent application all the way back in 2000, almost 15 years before it applied for the TAF patent.

THE HIGH DOSAGE CAN CAUSE BONE LOSS

The specific danger results from the fact that the dose that must be given to the patient is very high. Since there is an impact on the bones and kidneys as a result of the medication, the high dosage magnifies the side effects of the drugs. Patients also reported suffering damage to their teeth after taking the medication. The side effects impacted both people with HIV as well as people taking the HIV preventative drug Truvada.

BONE LOSS IN THE HIP AREA

One particular study performed in 2014-2015 found the bone loss in the hip area to be four times greater in patients taking TDF than those taking TAF. In other words, four times as many patients suffered these side effects. Double the number of patients suffered bone loss in the spinal area.

The problem for Gilead is that it allegedly attempted to have it both ways with regard to the TDF and TAF medication. On one hand, Gilead touted the increased safety of TAF drugs when it began to sell them in the marketplace. The problem with that approach is it invites a natural comparison with the alternative. Here, the other class of drugs was the TDF drugs that Gilead sold for many years.

GILEAD WAS MAKING TONS OF MONEY ON TDF

However, Gilead had patent protection for TDF drugs and was making billions of dollars on the medications. Gilead is a massive company with sales of over $22 billion in 2018. The lawsuits allege that Gildead avoided replacing TDF drugs with TAF medications so long as it has patent protection on TDF drugs and was profiting handsomely. It was only when the TDF patent expired did Gilead decide that TAF drugs (which carried with them a new patent protection period) were safer and should replace TDF. The lawsuits claim that Gilead knew that TAF was safer all along, and even had the opportunity to replace TDF 15 years ago, but declined to do so out of profit motives.

SALE OF TDF DRUGS

Gilead has faced a number of allegations relating to its sale of TDF drugs. The company was also alleged to have used anticompetitive practices to sell the drugs, but it defeated those lawsuits. Now, the company is facing lawsuits for the fact that it allegedly sold a dangerous product and failed to warn customers of the potential dangers associated with the use of the drug. The company is accused of designing and selling a defective product due to the impact that the drugs had on patients’ bones and kidneys.

Currently, there are hundreds of lawsuits pending against Gilead with new lawsuits being filed. The cases are generally centered in state and federal court in California, where Gilead is based. The cases have survived judicial scrutiny thus far, as a judge has cleared the case to proceed, allowing nearly all of the grounds to survive a motion for dismissal.

JULY 2020 LAWSUIT FILING

In July 2020, a group of 20 additional plaintiffs filed a lawsuit against Gilead in federal court in California. These plaintiffs alleged that Gilead knew all along that TDF was dangerous and learned even more as time passed about the dangers of the drug. The lawsuit further claims that Gilead knew that there was a safer alternative to TDF, but still proceeded to develop the drug for profit considerations.

In fact, the plaintiffs allege that one of the main reasons that Gilead used to obtain FDA approval for the sale of TAF was that it was safer than TDF. Nonetheless, Gilead continued to sell TDF for years after that point, having told the FDA that TDF was potentially dangerous. The plaintiffs even point to even that Gilead was aware of potential dangers to the kidneys when it was developing TDF. However, despite Gilead’s alleged knowledge of the possible side effects, the company did not say anything to doctors or patients while it continues to make large amounts of money from the drug.

REAP HUGE PROFITS IN THE HIV DRUG MARKETPLACE

In the meantime, the patent to TDF did not expire until 2017, and Gilead continued to sell the drug for as long as it could. Now, it has been replaced on the market by TAF. Still, Gilead continues to reap huge profits in the HIV drug marketplace with market practices that have been challenged in numerous lawsuits.

The  Truvada lawsuits were just filed in 2019, so the cases are at a relatively early stage. Since there have been no significant developments, any type of settlement is still far into the future. If you have taken Truvada and have suffered bone loss or kidney damage, you can still file your own lawsuit against Gilead so long as you are still within the statute of limitations. You should contact a Truvada lawsuit lawyer today.

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Justice for Deadly Rollover Roof Crush Accidents |  Injury / Paralysis

Justice for Deadly Rollover Roof Crush Accidents |  Injury / Paralysis | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
A big time, NATIONAL high profile roof crush lawyer on YOUR SIDE! This attorney will have resources to get a multi-million dollar settlement.
David Slepkow's insight:

Many victims make the mistake of using a local car accident lawyer for their roof crush rollover accident case. A local car crash attorney may concentrate in garden variety rear-end car accidents and slip and fall. A local automobile wreck attorney may even cover a speeding ticket every now and then to help keep the lights on.

A TOP ROOF CRUSH LAWYER

Why use a fender bender lawyer for a roof crush death lawsuit?  Why use a lawyer a couple of years out of law school for a catastrophic rollover injury lawsuit? You can have a big time, NATIONAL high profile roof crush lawyer on YOUR SIDE at a big time law firm. This roof crush attorney will have the experience and resource in obtaining multi-million dollar settlements on behalf of his or her client.

 

Roof crush fatality lawsuit

 

CRASHWORTHINESS, ROOF DEFORMATION, INTERNAL REINFORCEMENTS

A high powered roof crush attorney will fully understand the complicated issues concerning:

  • crashworthiness,
  • roof deformation,
  • internal reinforcements and
  • biomechanical analysis.

A local lawyer is likely only able to handle a fender bender or slip and fall at a local supermarket. Get a “WHITE KNIGHT” lawyer to take on corporate America and extract a possible high 7 figure settlement from the auto industry manufacturer. Get the best  personal injury lawyers who is willing to take the manufacturer to the mat to secure a possible punitive damages claim against the wrongdoer manufacturer.

A good defective automobile law firm will be well aware that Crashworthiness safety systems must work together.  For example, the roof structure and safety belt restraint systems are only as strong as the weakest link in the chain. If every link in the chain is weak due to defective design, death or catastrophic injury such as paralysis may result.

STRUCTURAL INTEGRITY AND STRENGTH OF THE ROOF

Generally, rollovers are actually relatively benign events and most occupants walk away with minor injuries. But this principal assumes that the crashworthiness safety systems are installed and do not fail, and that the structural integrity and strength of the roof are maintained.

ROLLOVERS ARE IMMINENTLY SURVIVABLE EVENTS

Expert biomechanical analysis has been conducted on over 900 full scale laboratory tests with male and female pilots with nominal accelerations being at 10 g. Some of the tests had accelerations of approximately 15 g. No injuries resulted to any of the test subjects. Therefore, the level of acceleration measured at the vehicles’ center of gravity  during a rollover event is within human tolerances. Rollovers, therefore, are imminently survivable events.

“Yet the industry and Bush Administration’s statements require a thorough analysis of belt performance in rollover crashes and issuance of a federal motor vehicle safety standard. Rollover deaths are now a full one-third of all occupant fatalities, or over 10,000 each year. When serious injuries are added, the number of people whose lives are forever altered by rollover crashes rises to an astonishing 26,000 each year. Federal data show that 22,000 people who were wearing a safety belt died in rollover crashes in the U.S. between 1992 and 2002.” Citizens.org

WHAT IS THE SAFETY HIERARCHY OF PRIORITIES?

The safety engineering hierarchy of priorities is :

1) eliminate hazards;

2) when hazards cannot be eliminated, provide foreseeable safeguards against them;

3) provide warnings and personal protective equipment against remaining hazards.

“SURVIVAL SPACE” OR “NON-ENCROACHMENT ZONES”

Since the late 1960s, auto manufacturers have incorporated the concept of “survival space” or “non-encroachment zones” within the occupant compartment, which is not to be intruded upon in a rollover. It was during this time that manufacturers became aware of the need to limit intrusion into this space in order to prevent serious injury and death of vehicle occupants. It has long been acknowledged as fact that the risk of a head injury increases as headroom is reduced.

But the concept of maintaining occupant survival space applies to all manner of impacts, from rollovers to rear-end collisions, to front or side impacts. In fact, GM’s own internal memoranda show that in 1966 it had internal safety goals that a roof structure should be strong enough to withstand a 70 mph ground level rollover and that a survival space for the occupant should be preserved in an inverted drop test from a height of 5½ feet. GM conducted such tests and found that its vehicles crushed catastrophically from very low drop heights. In one such test, intrusion was about 9 inches at the A-pillar when the vehicle was dropped from just 6 inches. GM then changed its testing methodology to a static test procedure and found that the same vehicles passed that test more readily. Then GM advocated to have that test be the standard that the government used to develop FMVSS 216.

So, instead of designing improved vehicles to protect occupants in rollover crashes, GM designed a test procedure to protect its vehicles. Shockingly, the roof strength of GM vehicles changed little in the decades that followed. Indeed, independent testing has found that the roof structure of the 2006 Chevrolet Suburban (identical in design to the 2006 Yukon XL) does not perform any better than GM’s 1967 drop testing noted above. GM vehemently fights any changes in the standards or testing.

The average motoring public, however, is kept ignorant of this fact and how common it is.

DUTY OF CARE IN THE AUTO INDUSTRY PERTAINING TO ROOF CRUSH?

It is well-accepted in the auto industry that occupant protection in a rollover type event can only be accomplished through a systems approach, which includes maintaining the survival space for the occupant, providing an effective restraint system that functions properly in a rollover, and providing mitigation technology that keeps the occupant inside the survival space.

IF OCCUPANT’S SURVIVAL SPACE IS NOT MAINTAINED, IT CAN CAUSE DEATH OR PARALYSIS

Published literature indicates, without ejection, that about 97.4% of belted and 92.2% of  unbelted occupants in rollovers had less than an AIS Level 3 injury. But that does not apply when the roof crushes in on an occupant and the occupant’s survival space is not maintained. Of course, a seatbelt has no value in the prevention of an injury from the roof crushing in on the occupant. In some cases, there is no question that a victim was wearing his seatbelt and wearing it properly in the event that both photographic and the physical evidence showing definite evidence of loading from the crash. If a victim’s belt jams in an extended position after the accident, it is consistent with how such ABTS safety belts utilized by a certain manufacturer and how these vehicles perform. The belt would be retracted if it had not been worn prior to and during the accident sequence.

 SURVIVAL SPACE OF THE VEHICLE, CAN BE SERIOUSLY COMPROMISED BY THE STRUCTURAL FAILURE OF THE ROOF

In some instances evidence shows clearly that the driver’s belt failed to properly restrain and the victim was not kept within the survival space. Thus, despite the nature of a rollover event, the subject vehicle could experience a center of gravity acceleration that would have been within the human tolerance level.  In some cases, all occupants are properly belted at the time of the rollover event. In car accidents the roof structure could be deformed and intrude into the victims’ survival space. In other vehicular accidents, the victim will be struck by the intruding roof resulting in the compression / flexion of the cervical spine.

EXCESSIVE ROOF DEFORMATION CAUSING FATALITY OR CATASTROPHIC INJURY

The visor sitting below the steering wheel demonstrates how severe a  roof crushed can be and how much it can  intrude into the survival space of the occupant. This is never supposed to happen.  Some victims experience head, facial, and other more minor injuries by comparison (AIS Level 1 or 2) directly related to the rollover dynamics without excessive roof deformation. A victim who wears her seatbelt, may be more likely to be scratched up and sore from the rollover, especially when the roof did not crush over her head and she did not suffer the life-threatening and permanently disabling injuries.

TYPES OF INJURIES FROM A ROOF CRUSH

  • severe trauma to face, requiring numerous stitches,
  • Blood pockets on brain.
  • Jaw extremely swollen.
  • Significant permanent speech impediment.

If the survival space is not maintained, the victim may suffer a cervical spine injury due to the roof deformation, an AIS Level 5 (Critical) injury. The victim may suffer serious and permanent injuries, including, but not limited to: quadriplegia from the cervical spinal cord injury as a result of a roof crush

THE VICTIM COULD EVEN SUFFER:

  • a fracture and dislocation of the C6 and C7 discs;
  • bilateral pulmonary contusions;
  • paralysis
  • dysesthesia;
  • parathesia;
  • subgaleal hematoma;

Such injuries may cause the need for a mechanical ventilator. Some auto accident victims will never walk again. Some truck accident victims will not even have the strength to even lift to reposition in bed or prevent from sliding down in the car’s seat on trips to the doctor.  Other car crash victims cannot wheel themselves in a manual wheelchair.

POTENTIAL INJURIES AND DAMAGES FROM ROOF CRUSH ACCIDENT:

  • total and complete assistance with every aspect of daily life.
  • never work again as had prior to this near fatal injury.
  • never be able to provide for family.
  • Extreme medical and physical complications associated with quadriplegia (some of which increase the risk of dying / death)
  • Muscle trophy in upper and lower extremities (and the resulting disfigurement),
  • deep vein thrombosis,
  • urinary tract infections,
  • paralysis
  • kidney stones,
  • autonomic dysreflexia
  • retinal hemorrhage,
  • subarachnoid hemorrhage,
  • cardiac arrhythmias
  • hypertension,
  • hypercalciuria,
  • coronary artery disease,
  • metabolic syndrome,
  • diabetes,
  • orthostatic
  • hypotension,
  • cardiac arrhythmia,
  • pneumonias,
  • neurogenic bladder,
  • renal insufficiency,
  • gastrointestinal conditions
  • Quadriplegia
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Zimmer Knee Replacement Lawsuit

Zimmer Knee Replacement Lawsuit | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Zimmer Persona Knee Replacement Lawsuit & Complications This Zimmer knee replacement lawsuit law firm authored article was authored to help victims obtain important information. The Zimmer Persona knee replacement system was on the market for just over two years. The Persona was intended to act as a revolutionary knee replacement, allowing doctors to “personalize” the […]
David Slepkow's insight:

This Zimmer knee replacement lawsuit law firm authored article was authored to help victims obtain important information. The Zimmer Persona knee replacement system was on the market for just over two years. The Persona was intended to act as a revolutionary knee replacement, allowing doctors to “personalize” the joint for the patient. Failures in the system led Zimmer to pull the zimmer implants  product from the market not long after its introduction. In the wake of the recall, Zimmer is facing hundreds of product liability lawsuits that accuse it of selling a defective knee replacement. If you want to file  knee replacement lawsuit, contact a top knee replacement lawsuit law firm. Zimmer knee replacement lawsuits are serious matters and you need a top product liability attorney on your side! Many people are searching the internet for the following: “knee replacement parts” and “knee replacement recalls.”

ZIMMER PERSONA KNEE REPLACEMENT LAWSUIT IMPLANT FACTS

Affected Devices: Zimmer Persona Trabecular Metal Tibial Plates that were implanted without cement. The Metal Tibial Plate is one of the component parts in the Zimmer Persona Knee Implant System. Zimmer admitted the worldwide recall affected 11,568 devices.

Relevant Dates: November 29, 2012 to January 23, 2015

Reason for Recall: According to Zimmer, the Persona Trabecular Metal Tibial Plate has higher than expected rates of complaints of radiolucent lines and loosening. Loosening of the tibial plate can result in severe pain and the need for revision surgery.

Device Explained: A total knee replacement usually consists of four component parts (shown above): the femoral component, tibial baseplate, tibial insert (plastic), and patella. The only component part that Zimmer recalled is the metal tibial plate (shown below) which can become loose requiring revision surgery. Zimmer claimed the Trabecular Metal Technology eliminated complexity, procedure time and third-body wear by removing cement from the surgical procedure.

Patient Complaints: There have been 40 complaints worldwide of the device loosening, as of March 16, 2015. At least 16 of these complaints have required revision surgeries.

Device Locations: According to Zimmer, the recall affects 11,658 of these knee components worldwide. Zimmer distributed the recalled Persona Trabecular Metal Tibial plates in at least 25 states and at 13 major Veterans’ Administration centers.

  •  Loosening of the implant
  • Appearance of
  • radiolucent lines
  • Severe Pain
  • Difficulty Walking or Bending knee
  • Inflammation
  • Knee Instability
  • Knee Tightness
  •  Numbness or stiffness in the leg
  •  Revision surgery or recommendation for revision surgery

There are two types of loosening: aseptic and septic. Septic loosening is loosening to due infection which is proven by positive cultures or a sinus tract communicating with the joint at revision. Aseptic loosening is loosening caused by micromotion, bone stock deficiencies, inadequate porous coating design or contaminants.

TIMELINE OF EVENTS

March 27, 2012 – FDA approved the Zimmer Persona Personalized Knee System (for cemented use only). Zimmer marketed the Persona Knee as the “most clinically successful knee replacement more personalized than ever.”
November 7, 2012-  FDA approved the Zimmer Persona Trabecular Metal Tibial Baseplate for cemented OR uncemented use.
February 16, 2015-  Zimmer issued an “Urgent Medical Device Recall Notice” to distributors,
hospitals and surgeons regarding the uncemented Zimmer Persona Trabecular Metal Tibial Baseplates. Zimmer asked customers to review the notification and ensure personnel are aware of the contents. Zimmer additionally requested that all affected products be located and quarantined immediately.
March 3, 2015-  Zimmer issued an “Urgent Medical Device Recall Notice” to hospital risk managers and surgeons. Zimmer said that the current complaint rate for radiolucent lines and loosening is higher than Zimmer’s expectations and experience based on Zimmer’s similar devices. At this time, the complaint rate was 0.61% or 6 complaints per 1,000 devices. Out of the complaints received, 36% identified symptomatic radiolucent lines or were revised for loosening, 28% identified asymptotic radiolucencies, 8% subsided, and 28% were inconclusive.
March 12, 2015-  Zimmer voluntarily recalled the Persona Trabecular Metal Tibial plate that is porous coated and uncemented. The recall affected all lots and sizes C-J Left and
Right. The Food and Drug Administration categorized this as a Class 2 Recall which is defined as “a situation in which use of, or exposure to, a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.”
March 20, 2015-  Therapeutic Goods Administration (the Australian equivalent of the FDA) announced a Hazard Alert regarding Zimmer’s Trabecular Metal Tibial Plate.
March 31, 2015-  Surgeons began sending letters to affected patients notifying them that they received one of the recalled, uncemented Metal Tibial Baseplates. The letters instruct patients to come in for a free initial evaluation where the consultation fee and imaging studies will not billed to their insurance. This letter also steers patients to Zimmer.

FREQUENTLY ASKED QUESTIONS

Q: How do I know what type of knee implant I have?
A: The operative report and knee implant labels, often called Chart-Stick® labels, from the hospital will
identify the specific devices that were implanted.

Q: What should I do if I received a recalled Zimmer Persona Trabecular Metal Tibial plate?
A: Always consult your doctor or surgeon regarding health-related issues, but if you or someone you care about received a recalled knee replacement, we would like to speak with you right away. DO NOT SIGN A RELEASE FROM THE SURGEON OR ZIMMER. This release will allow Zimmer complete access to your medical records and also allow them to obtain the failed implant in
the event it is removed.

Q: What should I do if I have pain and/or swelling in my knee?
A: If you have pain and/or swelling in or around your knee replacement, you should schedule an officevisit with your orthopedic surgeon to discuss your symptoms and to have radiographs (such as X-ray/Bone Scan/MRI) performed to see if there are signs of radiolucent lines or loosening. Additionally, consider keeping a journal of your symptoms. We have found this to be extremely
helpful in representing clients and it assists us in personalizing your claims when we present them for settlement or trial.

Q: What should I do if I have one of the recalled knees, but do not have any pain or swelling?
A: Even if you do not have symptoms at this time, you should at least visit your orthopedic surgeon for an evaluation and have radiographs performed. You should continue the post-operative plan outlined by your surgeon. Pay close attention to any pain or problems that you believe are being caused by your knee implant.

Q: How would I know if my knee implant is failing or loose?
A: If you are experiencing any of the symptoms described above, you need to see an orthopedic surgeon to be evaluated. The only way to confirm loosening is by radiographs such as X-ray/Bone Scan/MRI. Pain and swelling are symptoms of loosening.

Q: Do I need revision or corrective surgery if I have the recalled knee?
A: Potentially. If there is any evidence of implant loosening or radiolucent lines around the tibial portion of the knee replacement, your surgeon might recommend a revision surgery to remove and replace the uncemented tibial plate. This is a difficult decision that you must make based on your surgeon’s recommendation. The only way to resolve a loose tibial plate is to remove and replace this component part.

Q: What if I already had knee revision surgery?
A: It is important to speak with a lawyer immediately as your statute of limitations has begun to run. Additionally, it is important that the device that was removed and replaced is located and preserved.

Q: Should I communicate with Zimmer or sign anything from them?
A: No. You should contact a lawyer before communicating with Zimmer and avoid signing a release. We do not recommend providing Zimmer with a release or providing them with any of your medical records.

Q: If I file a lawsuit, who would I be suing?
A: We only sue the implant manufacturer for designing, manufacturing, and marketing a defective product. We do not sue the implanting surgeon or hospital.

Q: Why did Zimmer recall the uncemented Persona Trabecular Metal Tibial Plate?
A: According to Zimmer, this component part had higher than expected rates of complaints of radiolucent lines and loosening.

Q: What are the common problems/symptoms?
A: Some common complications are trouble walking, standing or bending, pain or swelling in the knee, a loose feeling in the knee, or a need for a revision surgery.

Q: Who discovered problems and when?
A: On March 12, 2015, the F.D.A. announced that the tibial plate was voluntarily recalled by Zimmer. The recall was due to the growing number of complaints of radiolucent lines and loosening. It is believed Zimmer knew about these problems before the first recall notice in February 2015.

Q: How many recalled knees were sold?
A: It is estimated that Zimmer sold 11,568 recalled knees worldwide. The exact number implanted is
unknown. It is estimated that at least 6,500 were sold in the USA.

Q: Where were the recalled devices sold?
A: Zimmer distributed the recalled Persona Trabecular Metal Tibial plates in at least 25 states: AL, AR, CA, CO, FL, IL, IN, KS, MA, MI, MN, MO, NC, NJ, NY, OH, OK, PA, TN, TX, UT, VA, WA, & WI. Zimmer distributed the recalled Persona Trabecular Metal Tibial plates at
13 major Veterans’ Administration centers: Birmingham, AL; San Diego, CA; Augusta, GA; Indianapolis, IN; Maine; West Roxbury, MA; St. Louis, MO; Reno, NV; Buffalo, NY; Sioux Falls, SD; Dayton, OH; and Lebanon and Wilkes Barre, PA.

WHAT IS THE PERSONA KNEE REPLACEMENT? 

The Persona knee replacement (Personalized Knee System) was introduced to the market in 2012. The product went through the FDA’s 510k process, meaning that the FDA’s approval did not require extensive testing on the product before it was sold. This express approval came due to the product’s similarity to another legally approved product already on the market. The product was sold to patients who needed a knee replacement due to problems stemming from arthritis or avascular necrosis.

Persona was intended to better fit different types of knees by matching the implant to the exact characteristics of the resected bone. The customizable fit was supposed to help patients better reestablish the proper alignment in their knee after the replacement surgery. Persona included a wide variety of different component sizes, shapes, and constraint options so that the best fit could be achieved by some combination of these parts.

COMPLICATIONS FROM PERSONA 

However, a little more than two years after the Persona was introduced to the market, the FDA issued a recall notice for the system. The recall notice was issued after reports that patients were experiencing a loosening of the device after the surgery as well as other defects. According to one of the  knee replacement lawsuits filed against Zimmer, the recall affected nearly 12,000 devices that were sold to doctors and hospitals.

Specifically, patients were encountering radiolucent lines in their replacement devices. This occurs when the new knee is not properly seated and there are gaps between the existing bone and the new knee. This means that the knee replacement is not remaining in place, causing patients pain and discomfort. The loosening of the replacement joint can lead to cartilage loss, surface and tissue. A loosened knee replacement ultimately means that patients will have to undergo a subsequent knee replacement in order to receive a new, properly functioning knee. After the FDA recall, Zimmer pulled this particular model of Persona from the marketplace although Zimmer continues to sell other replacements under the Persona brand name.

PERSONA PRODUCT LIABILITY LAWSUITS 

After the FDA recall, Zimmer has faced hundreds of lawsuit regarding the alleged defects in Persona. This was after Zimmer also defended lawsuits stemming from another knee replacement product named NexGen. These lawsuits began to be filed in 2016, after the product was recalled from the market.

The lawsuits generally allege that Zimmer designed and marketed a defective product. Specifically, the plaintiffs seek to hold Zimmer strictly liable for a defective product. It is alleged that the product was defective because its design caused a propensity that the product would loosen once it was inserted into the knee. In addition, the design resulted in a likelihood that the device would have radiolucent lines, causing the replacement to fail.

ZIMMER IMPLANTS

According to the plaintiffs, Zimmer knew, or had reason to know, that the design and composition of the Persona knee replacement would cause it to fail in this manner. Zimmer had an obligation to warn patients of these dangers, but failed to do so. As the manufacturer of these products who purportedly tested them prior to selling them to the public, Zimmer should have known of the dangers.

The lawsuits also claim that the Persona knee replacement was not on, defectively designed, but improperly manufactured as well. Had this product been properly manufactured, the knee replacement would have remained in place. In addition, Zimmer is also alleged to have been negligent in both the design and manufacture of this product. The lawsuits all allege a violation of certain specific state consumer laws of the state in which they were filed. These claims are still early in their lifecycle and will not reach trial for several years to come.

ZIMMER KNEE REPLACEMENT LAWSUIT

Zimmer has a long history of defending knee replacement lawsuits, although the FDA recall here is a clear indication that something is wrong with this particular medical device. If you have received a knee replacement that involves the implantation of a Persona personalized system, you should contact a Zimmer knee replacement lawsuit lawyer immediately, even if you do not yet feel any pain from your knee replacement. This is because there is a not insignificant chance of requiring a further surgical procedure which can cause you both time and money. A Zimmer knee replacement lawsuit lawyer can discuss your legal options with you, including the chance that you may have to receive compensation for your zimmer implants

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Negligent Security in RI -Liability for Crimes on Property

Negligent Security in RI -Liability for Crimes on Property | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Rhode Island negligent security attorney, David Slepkow 401-437-1100. Liability for criminal actions of others in RI. Providence injury lawyers.
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Rhode Island Negligent Security Lawyer | Liability for Crimes on Property

Negligent security lawyer in RI

If a crime takes place on your property in Rhode Island, are you liable for any of the resulting damage that may occur to another person on that property? The answer to that question depends on several factors that will be reviewed by a judge or jury. Let’s analyze what property owners in Rhode Island and Providence Plantations need to do to prevent a negligent security claim. If you are a victim of negligent security in RI, contact a Rhode Island negligent security lawyer.

Blaming the criminal isn’t always a defense

While the criminal should be held accountable for his or her actions, that is not necessarily a defense in negligent security cases in Rhode Island and Massachusetts. Commercial and residential property owners are required to take steps to prevent any activity that may be foreseeable. This means that if there has been crime on or near the property in the past, steps must be taken to prevent future crime that are reasonably foreseeable. Action steps may include adding security cameras or security personnel near the entrance to a building.

Was the Act Intentional?

If a criminal intentionally commits a crime, the property owner may not be held liable for the acts of that person. For instance, if an individual owns a commercial building where he or she operates a business, he or she would not usually be responsible for intentional crimes committed by employees. Still, that employer would have to show that he or she conducted a background check or took other reasonable steps to ensure that an employee did not pose a higher risk of committing a crime.  There is also the possibility of a negligent hiring cause of action in Rhode Island. A negligent hiring claim means that the victim alleges that the employer failed to properly screen candidates or do a proper background check on employees causing the victim injuries as a result.

What Was the Status of the Criminal While on the Property?

The law takes into consideration that some parties are allowed to be on a property while others are not. If a criminal was trespassing when he or she committed a crime, the property owner may not be liable if it was not reasonable to expect the trespasser to enter the property. However, if the individual was invited onto the property or had permission to use it in any way, the owner of the property would more likely be liable if that third-party committed a crime.

Whether or not a property owner is liable for a crime committed by a third-party largely depends on the facts in the case. If it was reasonable to believe that an action or inaction increased the odds that a crime could occur, a victim may have a chance at winning compensation from that person. If you were injured as a result of a criminal act on the property of another business or individual you may be able to pursue a negligent security case utilizing a RI personal injury lawyer who is also a Providence negligent security lawyer  / Rhode Island negligent security attorney.

Citations and Resources

57 Wash. & Lee L. Rev. 611 (2000)  Duty Not to Become a Victim: Assessing the Plaintiff’s Fault in Negligent Security Actions,

The Federation of Defense and Corporate Counsel  provides a great checklist of issues and documents that are pertinent to a negligent security personl injury claim. The following is a checklist of items that should be included in any investigation of a negligent security claim: · crime grids; · marketing material; · prior claims and suits; · preservation of any surveillance video; · representative photos of the area; · internal communications both before and after the incident; · security documents, including contracts, invoices, schedules, and correspondence; · police reports; · incident reports; · prior insurance claims; · lighting records, including invoices, contracts, and repair documentation; · gate, fence, and wall records; · security surveys, either private or through law enforcement; · witness information, including statements, employee personnel files, and tenant files; · community association meeting minutes; · courtesy officer and meeting records; · notices to tenants and/or the public regarding prior crimes; · the policies and procedures manual, including hiring issues,  Federation of Defense and Corporate Counsel , FDCC Winter Meeting Hyatt Grand Champions Resort Indian Wells, California February 26 – March 5, 2011 NEGLIGENT SECURITY: WHEN IS CRIME YOUR PROBLEM? Presented by Premises and Security Liability Section 

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Composix Kugel Mesh Patches lawsuit | Individual claims

Composix Kugel Mesh Patches lawsuit | Individual claims | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Hernias are painful and require treatment to prevent further medical harm. One of the options available to doctors in the surgical treatment of hernias is the use of mesh patches. Composix® Kugel® mesh patches are manufactured by Davol, a subsidiary of parent company C.R.Bard. It is used primarily for hernia surgery, particularly for laparoscopic ventral …
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Defective Medical Device Attorney – Defects Lawyer

Defective Medical Device Attorney – Defects Lawyer | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
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An overview of Product Liability Lawsuits for Defective Medical Devices

Persons that have suffered injury or harm from various products or have a defective medical implant have legal recourse for their injuries. Simply stated, products cannot be manufactured or designed in a manner that causes harm to others and, if they are, those responsible may be held to account. This holds true when one is injured by a defective medical device. In order to know their legal rights, one needs to have a basic understanding of product liability law and how it applies to medical devices.

 

According to the Restatement (Third) Torts, there are three different theories of recovery for product liability cases. The first is that there was a manufacturing defect. The second is that there was a defect in the design. The third theory is that the manufacturer did not give adequate warnings about the dangers of a product or did not give appropriate instructions on a product’s use. All of these three theories are applicable to injuries caused by medical devices.

 

Product liability law is unique in that there are many different parties that may be sued beyond just the manufacturer. Any defendant who is judged to be “in the stream of commerce” may be found liable in whole or in part for a plaintiff’s injuries. Essentially, anyone who has had any contact with the product or role in selling it prior to the product reaching the doctor can be liable. If the medical device has been purchased from a store, then that store can be sued. However, if you are looking to sue a doctor or hospital for implanting a defective medical device, that suit must be brought as a medical malpractice suit. In the event that multiple parties are found to be liable for the plaintiff’s injuries, it is up to the liable parties to fight it out amongst themselves for the court to figure out who pays how much of the damages.

defective medical device attorney

The first thing that a plaintiff needs to do when suing under a theory of product liability is to show that the product itself was actually defective. Just because a plaintiff was injured by a product does not automatically mean that it was defective. Proving a defect can occur automatically if it is shown that the product either differs from the manufacturer’s “intended result” or that it differs from the manufacturer’s other products. A plaintiff could also show that the manufacturer was negligent. Of course, the plaintiff must show that there has been no change in the product since it left the manufacturer’s possession. In addition, if a plaintiff can show that a product did not perform as safely as an ordinary customer would have expected or if the inherent risk in the design outweighs the benefits, then they can prove a defect.

medical implant | defective medical devices

If a defect can be proven, then the plaintiff must show that the defect was the actual cause of their injuries. In other words the medical device failure must be the actual cause of the injuries and damages. It does not matter whether the manufacturer was negligent because the defect is proof enough that the manufacturer has done something wrong. In other words, a defect would ordinarily make a manufacturer strictly liable absent intervening factors. Manufacturers can then try to show that they are not liable notwithstanding any defect. For example, the plaintiff could have misused the product. Alternatively, someone else could have had possession of the product between the time of manufacture or purchase and caused the defect. One particular defense that is applicable to the medical devices area of product liability is that the particular risk of harm was neither known nor knowable in light of the scientific knowledge that was available at the time of manufacture. When a plaintiff is able to recover, damages may include lost wages, pain and suffering, medical bills, compensation for injuries as well as punitive damages.

 

In order to best understand how these theories apply to the medical devices field, it is instructive to focus on several of the major products liability cases in this area. Perhaps the largest medical device litigation of all-time has been the transvaginal mesh litigation. Transvaginal mesh was an implant designed to treat certain pelvic disorders and incontinence among women. However, a large percentage of women who received this medical implant have reported being injured. One of the more prevalent injuries has been the mesh cutting through the skin and causing infection. Many women have required multiple rounds of surgeries to deal with the defective mesh. There are four primary manufacturers of the mesh. Each of them have faced numerous lawsuits. Many of these lawsuits have focused on strict products liability. Other suits have alleged that the product was defective or was not tested appropriately and sufficiently. Finally, these manufacturers have been found liable on the grounds that they did not warn physicians of the inherent risks of these products before they sold the products for use. Multimillion dollar verdicts against the manufacturers in these cases have become commonplace. Boston Scientific has faced the most lawsuits in this area with close to 50,000 suits filed against it.

defective medical device lawyer

Another major medical devices products liability suit has been the litigation surrounding hip replacements. The early hip replacements were manufactured from metal. This caused a condition called metallosis, which can cause swelling, pain and possibly blood poisoning. In retrospect, it seems to be a dangerous idea to install a part made of metal into a patient’s body. Metal has been known to be associated with toxicity. Plaintiffs have alleged that these metal hip replacements are defective, and that manufacturers have failed to warn patients about the risks associated with these implants. The manufacturers have been hit with over 100,000 lawsuits. According to Consumer Reports, one manufacturer, DePuy, paid roughly $2.5 billion to settle 7,000 suits related to it’s defective implant.

medical device lawsuits | medical device failure

Oftentimes, these suits ultimately end up being consolidated into a large multi-state class action lawsuit. Potential plaintiffs should monitor news in their case to find out how to either file a suit or join the class of plaintiffs.

Sources and Recommended Reading:

https://lawshelf.com/courseware/entry/liability-and-defenses-to-products-liability
https://www.consumerreports.org/hip-replacement/j-and-j-hip-replacement-lawsuit/
https://www.beckershospitalreview.com/supply-chain/boston-scientific-faces-48k-lawsuits-over-pelvic-mesh-implants-5-things-to-know.html
https://www.legalmatch.com/law-library/article/ultimate-guide-to-product-liability.html

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Mesothelioma Lawsuit: Free Legal Help & Case Evaluation

Mesothelioma Lawsuit: Free Legal Help & Case Evaluation | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Learn more about Mesothelioma lawsuits, and your rights to pursue legal justice if you or a loved one has been diagnosed with mesothelioma or related affliction.
David Slepkow's insight:

Asbestos Information

Malignant mesothelioma is a rare cancer of the lining of the lung (pleural mesothelioma) or the lining of the abdomen (peritoneal mesothelioma). The only known cause of mesothelioma in North America is exposure to asbestos.

Asbestos Exposure
Typically, mesothelioma occurs 20, 30, 40 or more years after the first exposure to asbestos – although it can be as short as 10-15 years after first exposure. Unlike other asbestos-related diseases, even low exposures to asbestos can lead to the development of malignant mesothelioma. It is not uncommon for someone to develop this cancer after only a few weeks of exposure at a summer job decades earlier or from washing clothing worn by a worker exposed to asbestos on the job. There are even cases of mesothelioma developing in people who simply lived near a site where asbestos products were used or manufactured.


If you or a family member has been diagnosed with mesothelioma and you would like to discuss your case (at no charge) with an mesothelioma lawsuit attorney and member of the United States Supreme Court Bar click here.


Click here to view an informative video about asbestos

Mesothelioma Symptoms

The initial symptoms associated with mesothelioma are usually pain in the back, chest or abdomen as well as fatigue and loss of weight. This is usually followed by an unexplained and sudden shortness of breath caused by a buildup of fluid (called a pleural effusion) between the lining of the lung and the chest cavity. A chest x-ray will usually look like it has a haziness on one or more sides of the chest or an entire lung may be hidden from view.

Usually, draining the fluid buildup (a procedure called thoracentesis) relieves the shortness of breath. In a few weeks, the fluid may build up again, requiring additional draining.

Mesothelioma Prognosis
Unfortunately, malignant mesothelioma is almost always fatal. Survival is usually limited to 12 to 18 months from the diagnosis, sometimes substantially less. There are some people, however, who have achieved long-term survival.

Asbestos Lawsuit : What You Should Know

Getting asbestos cancer diagnosis can be devastating. If you got asbestos cancer as a result of asbestos exposure at work, there is a strong chance you can get asbestos cancer compensation by filing  an Asbestos lawsuit.

With the help of an asbestos cancer lawyer, you can get legal representation for compensation or settlement. Since the problem with Mesothelioma or asbestos related cancer is that it can take 20 to 30 years before you find out that you are suffering from this condition, you need to work on it as soon as you get diagnosed.

Apart from the set state limitations in filing an Asbestos lawsuit, the time you have is also limited. Furthermore, you need to consider the amount of time necessary in doing research and in compiling evidence for this kind of cancer. A majority of people who have this condition may have jumped from one job to another. This will make it harder for your lawyer to investigate on all your employers for signs of asbestos exposure. At the most, these lawyers will just hire a private investigator to do the research work.

It is not easy to find a good asbestos law firm these days. With the number of people who are coming out with complaints that they got their Mesothelioma or asbestos cancer from their previous or current employers, the chance of getting compensation or settlement is also at its peak. So if you will file your Asbestos lawsuit early, you should be able to get what want from your previous or current employer. To ensure a smooth flow of proceedings and processes, you need to get an experienced asbestos cancer lawyer. One who is knowledgeable about the health threats of asbestos poisoning and one who knows the full extent of the law when it comes to this kind of lawsuit.

The treatment for Mesothelioma or asbestos cancer is not cheap. You need a lot of money to shoulder the chemotherapy sessions and other laboratory necessities. If you will be using up your savings or your retirement, you will find it stressful that you are not only finding it hard to support your family, you are also not able to secure their future anymore because of your condition.

That’s the reason why you need to get a good asbestos cancer lawyer and to file an Asbestos lawsuit.The compensation or settlement you can get will help you through your medical bills and it can also help you support your family. With all the pain and suffering this crippling disease has brought into your life, you can feel good knowing that you can now secure the future of your loved ones.

Mesothelioma

Mesothelioma or asbestos cancer is still considered a rare kind of cancer. It affects the linings of the lungs or the heart and abdomen. Though there are thousands of asbestos cancer cases every year, there are still a large number who has it without even knowing. This type of cancer is also more common in men than in women.

It seems that Mesothelioma or asbestos cancer patients still have one more year to live after asbestos cancer diagnosis. But several factors like early detection or aggressive treatment options can increase chances to live longer. But the result is the same : you still need to get a good asbestos cancer lawyer to help you file an Asbestos lawsuit.

The dangers of asbestos exposure and asbestos poisoning are not new to people anymore. If companies back then are not aware of the threats of asbestos to their workers, there are mandated laws now over the use of asbestos in commercial industries. This means, if there is still no protection against asbestos exposure for their workers, they should be held liable and they should be charged at the full extent of the law.

In fact, most asbestos cancer patients are not afraid to come out and file charges against their employer. Filing an Asbestos lawsuit will prompt these companies to stop using asbestos-containing products.

Mesothelioma or asbestos cancer may shorten your life but there is still hope for the people you love. This also goes for your fellow workers who are still left unprotected from the dangers of asbestos exposure. You can do your part in helping not only the other workers in your previous or current company but also in helping your family. Everyone has the right to safe working conditions.

How To File

To file an Asbestos lawsuit, you can seek legal representation by an experienced lawyer in getting asbestos cancer compensation. This is a good way to claim your right over your lost income and for them to cover your medical expenses as well as to pay for your suffering or pain. The settlements received by asbestos cancer victims are worth millions of dollars. With this amount, filing an Asbestos lawsuitcan really help you and your family in the long run.

To have your case evaluated for FREE by an experienced and knowledgeable asbestos cancer lawyer who will help you file an Asbestos lawsuit, you need to fill up a compensation evaluation form. You can indicate your expectations and demands. After submission, you will be contacted within 24 hours if you qualify.

With the asbestos cancer lawyer assigned to you, you can get more information about asbestos lawsuit proceedings, compensation or settlement.

Many people in the United States have been diagnosed with Mesothelioma because of their exposure to toxic asbestos years before.

We think that the companies responsible for their exposure should be held accountable for all the pain and damages caused by their negligence.

Victims should be fairly compensated for the terrible consequences on their lives that these companies are legally responsible for.

Our site is dedicated to make victims know their legal rights by helping them get justice and compensation. Fill out our FREE Compensation Evaluation form and know if you qualify for compensation within 24 hours!

Contact a Mesothelioma lawsuit lawyer

Find out what you need to know before you file an asbestos lawsuit!

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Workers Exposed Asbestos & Developed Mesothelioma Can File Lawsuit

Workers Exposed Asbestos & Developed Mesothelioma Can File Lawsuit | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
If you or a loved one has been diagnosed with mesothelioma as a result of asbestos, you may be entitled to substantial financial compensation.
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AFFF Firefighting Foam Lawsuit | Possible Link to Cancer

AFFF Firefighting Foam Lawsuit | Possible Link to Cancer | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Diagnosed with cancer as a result of exposure to Fire Fighter Foam? Contact an AFF lawsuit lawyer to get Justice and Compensation.
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For decades, firefighters have been provided foam when they have been sent to deal with fires. They were led to believe that these substances were safe and were the best thing to put out the fire. However, firefighters and the people living in the areas where the foam has been used find themselves in danger of developing cancer because of the chemicals that are a part of the foam. As a result, scores of lawsuits have been filed against the companies that made Aqueous Film Forming Foam (AFFF). If you believe that you became sick as a result of firefighting foam, you can file your own AFFF lawsuit.

 

Firefighting foam causes cancer

 

DO I QUALIFY FOR A FIREFIGHTING FOAM LAWSUIT PAYOUT?

  •  Used or was exposed to Fire Fighting Foam (AFF).
  • It is not only firefighters and military personnel that could have exposure to AFF. There could be victims that resided close to a military base or who was employed at a military base between the years of 1970 and 2016 where the foam was used AND the local water supply was found to be contaminated.
  • Diagnosed with thyroid cancer, chronic kidney disease, bladder cancer,  prostate cancer,  pancreatic cancer, Neuroendocrine Tumors, ulcerative Colitis, skin cancer, testicular cancer, leukemia, acute kidney failure, kidney cancer, lymphoma or other type of cancer within the applicable statute of limitations. (Generally acceptable criteria is Diagnosed 2011 or after.)

WHAT IS FIREFIGHTING FOAM?

Specifically, firefighting foam is known as Aqueous Film Forming Foam (AFFF). This describes the way that the substance works to put out a fire. It is used anywhere that there is a potential for major fires. You rarely see AFFF used in a residential fire. You would see it used in airports or places when there are chemicals or the potential for a major blaze present.

When you see firefighters spraying foam on fires to help put them out, that foam is actually an intricate mix of chemicals. Firefighting foam looks harmless, but the truth is the opposite. To understand the danger associated with this foam, it is important to know what the ingredients are and how they are harmful.

Most of the ingredients in firefighting foam consist of water and air. On the surface of it, this does not look very dangerous. However, the third ingredient is where the problem lies. This ingredient is called the foam concentrate. This contains a mix of different chemicals. The issue is that some of these chemicals belong to a family of substances known as PFAS. Specifically, firefighting foam contains  perfluorooctane acid (PFOA) and perfluorooctanesulfonic acid (PFOS). As you will see below, these can cause health problems for generations.

DANGEROUS CHEMICALS ARE NECESSARY TO ENVELOP THE FIRE

AFFF works by literally smothering the fire. Firefighters spray the foam over the fire. The foam is intended to create a thin layer that blankets the fire. This prevents the fire from emitting vapors. Eventually, the fire is deprived of the oxygen that it needs to keep going and would die out. However, in order to achieve this effect, dangerous chemicals are necessary to envelop the fire. They need a certain strength in order to form the layer that covers the fire. Specifically, they need to be resistant to heat to do their job in extreme temperatures.

Update- 8-9-2021- “Few courts have yet decided insurance coverage issues in litigation involving per- and poly-fluoroalkyl substances (PFAS). But yesterday, in Crum & Forster Specialty Insurance Company v. Chemicals, Inc., No. H-20-3493, 2021 U.S. Dist. LEXIS 146702 (S.D. Tex. Aug. 5, 2021), the United States District Court for the Southern District of Texas found Crum & Forster Specialty Insurance Company (Crum & Forster) had a duty to defend Chemicals, Inc. against firefighters’ allegations that they were injured by PFAS contained in aqueous film-forming foam (AFFF). The AFFF claims are consolidated in the multi-district litigation (MDL) in South Carolina” JDSupra

5-11-2021- San Jose firefighters allege gear gave them cancer “When firefighter Teresa Mauldin was diagnosed with bladder cancer in 2013, she attributed it to the dangers of the job. But Mauldin and more than four dozen San Jose firefighters now attribute the danger to the equipment they used and wore every day.“I feel betrayed,” she said. A group of 49 current and former San Jose firefighters, along with three of their spouses, filed two lawsuits in December and March against 27 manufacturing companies including 3M and DuPont. The firefighters allege the suppressing foam they used and their protective equipment—otherwise known as turnout gear—contained per- and polyfluoroalkyl substances, or PFAS, known to cause cancer according to the Environmental Protection Agency. San Jose Spotlight

5/10/21- “The town of New Windsor filed a federal lawsuit this week to try to recover millions of dollars it spent after a chemical used in firefighting foam at nearby Stewart International Airport and Stewart Air National Guard Base contaminated the town’s drinking water. The 102-page lawsuit, filed Monday in U.S. District Court in White Plains, is the latest in a flood of litigation involving PFAS, a chemical invented in the 1940s that has seeped into water supplies and is suspected of causing cancer, low birth weight and other health problems. Less than a year after finishing a bountiful new water system that cost $31 million, New Windsor had to shut down its Butterhill Park wells in 2019 after PFAS was detected in the water. The same toxic contaminant already had tainted and forced the closure of the neighboring city of Newburgh’s main water source, Washington Lake.” Record Online

11/13/2020- ” Three new firefighting foam lawsuits recently joined the consolidated litigation in the District of South Carolina. Two were filed by plaintiffs claiming to have used the toxic products and then developed cancer, while the third was filed by a California airport district claiming the foams caused water contamination. The first plaintiff is from San Diego, California, and claims he regularly used aqueous film-forming foams (AFFF) in training and to extinguish fires during his work as a firefighter. He was then diagnosed with bladder cancer, which he blames on his exposure to the foams. The second plaintiff is from Benavidez Texas, where he regularly used AFFFs in training and to extinguish fires during his work as a firefighter. He blames these firefighting foams for his diagnosis of skin cancer.” Pittsburgh legal examiner

10/11/2020- “A vendor testing equipment at the Anne Arundel County Fire Training Academy in Millersville in September unintentionally released aqueous film-forming foam into a storm drain, which flowed into Bear Branch, blanketing the water. About 100 dead black-nosed dace, possibly suffocated by the foam covering the water’s surface, were found after the Sept. 24 incident, Maryland Department of Environment spokesperson Jay Apperson said. The fire department conducted testing in Bear Branch and found low levels of PFAs, a class of human-made chemicals that persist in the environment and build up over time. PFAs, or per- and polyfluoroalkyl substances, have been used in items like frying pans, water-resistant clothing and firefighting foam since the 1940s and scientists have tried to study their health effects.” Baltimore sun

11/2/2020- ” Wisconsin environmental regulators have approved an emergency rule that restricts the use of firefighting foam and lays out steps to treat PFAS chemicals. PFAS are human-made chemicals that research suggests can cause health problems in humans. The chemicals have been used for decades in a range of products, including firefighting foam and stain-resistant sprays.” Insurance Journal

10/29/2020- “The Santa Clarita Valley Water Agency in October 2020 filed a lawsuit against multiple companies over water contamination, on the heels of North Carolina Attorney General Josh Stein’s lawsuit. Stein says chemical companies that produce PFAS need to be held accountable for contaminating the state’s natural resources. Both lawsuits target Dupont as a major PFAS contributor. Many other similar environmental lawsuits claiming toxic water contamination expect to be filed.”

10/18/2020- In Re: Aqueous Film-Forming Foams Products Liability Litigation (MDL No. 2:18-mn-2873-RMG) Numerous manufacturer of Aqueous Film Forming Foam (AFFF) asked the Federal Courts to consolidate approximately 80 AFF lawsuits that were file across the United  States. There was a myriad of litigation and lawsuits pending in various jurisdictions. The manufacturers were seeking to consolidate all the lawsuits pending in Federal Court into Multidistrict litigation.  This  consolidation specifically included individual firefighting foam lawsuits as well as personal injury lawsuits and class actions. Some of the lawsuits were assorted lawsuits filed by cities and town alleging expenses related to well head treatmentOn 10/18/2020, The Judicial Panel for Multidistrict Litigation (JPML) listened and considered verbal arguments concerning the consolidation motion. 

9-22-2020-“Michigan Attorney General Dana Nessel joins a group of government officials to hire private law firms to pursue PFAS suits on a contingent basis, and Michigan becomes just the second state to extend the PFAS lawsuit statute of limitations.  Per- and polyfluoroalkyl substances, more commonly referred to be their acronym, PFAS, are a collection of thousands of manmade chemical compounds that are widely used in countless consumer products, such as firefighting foam, clothing, and non-stick cookware.” National Law Review

6/4/2020- “A number of fire safety equipment and chemical companies face a class action lawsuit for firefighters, who allege they were exposed to toxic chemicals in aqueous film-forming foam (AFFF) used to fight fires, which may increase the risk of cancer. The complaint (PDF) was filed by Thomas J. Gentile, Tommy McGarry and Charles O’Keefe in the U.S. District Court for the Eastern District of New York on May 27, calling for manufacturers and distributors of the AFFF foam to pay for medical monitoring of firefighters who were exposed to toxic chemicals in the flame retardant substance. The lawsuit names 3M Company, AGG, Inc., Amerex Corporation, Angus Fire Armour Corporation, Arkema, Inc., Archroma US., Inc., BASF Corporation, Buckeye Fire Equipment Company, Chemguard, Inc., Chemicals, Inc., Chubb Fire, Ltd., Clarian Corporation, Daiken America, Inc., Daikin Industries Ltd., Deepwater Chemicals, Inc., DuPont De Nemours, Inc., Dynax Corporation, Dyneon, LLC, E.I. DuPont De Nemours and Company, Fire Services Plus, Inc., Kidde-Fenwal, Inc., Narchem Corporation, National Ford Chemical Company, National Foam, Inc., Raytheon Technologies Corporation, Solvay Specialty Polymers, USA, LLC, the Ele Corporation, and UTC Fire and Security Americas Corporation, Inc., as defendants. It seeks class action status for the plaintiffs and other New York firefighters who are similarly situated.” About lawsuits

12-17-18- The JPML ruled that all Aqueous Film-Forming Foams Products Liability lawsuits in the United States – be joined and put into a consolidated lawsuit commonly referred to as an MDL. The JPML ordered that the presiding Justice for the MDL be put in the capable hands of honorable Judge Richard Gergel of the Federal Court District of South Carolina. 

 PURPOSEFULLY DISCHARGED THE AFF INTO THE NATURAL WORLD AND SADLY CONTAMINATE WATER

The AFF lawsuits are pursued against companies that make aqueous film-forming foam (AFFF)  which contain PFCs.  The manufacturers allegedly were engaged in the design, sale of,  and or manufacture of AFF to  various organizations.  These businesses and entities include; various airports, industrial processing plants that manufactures (or otherwise processes) chemicals to be used by: fire authorities, organizations which promote fire safety, and industrial type facilities.

These organizations and facilities are alleged to have  purposefully discharged the AFF into the natural world and sadly contaminate water that collects on the surface of the ground as well as water intended for drinking. The fire foam lawsuits assert that victims were exposed to elevated amounts of PFCs. Those victims have a greater likelihood to contract cancer and other severe complications.

These side effects could include:

  • deleterious damage to the liver,
  • negative liver complications,
  • problems with the immune system,
  • high cholesterol,
  • hormone related thyroid issues
  • Kidney and other Cancers.  

THE MAKERS OF FIREFIGHTING FOAM

There are many large chemical companies who have been in the AFFF market for decades. Some of the bigger players in the field include:

  • I. DuPont Nemours
  • 3M
  • Chemguard
  • Tyco Fire Products
  • Buckeye Fire Equipment Company

These are just a handful of the possible defendants in your AFFF case. You should learn the company that made the firefighting foam that polluted the area in which you live or that you used on the job.

THE DANGERS OF PFAS

PFAS chemicals are called “forever chemicals,” and for good reason. Once these chemicals are introduced into an area, they are extremely difficult to remove. When they make their way into the environment, their half-life is approximately 92 years. If they enter the human body, these chemicals can last for as long as eight years. PFAS chemicals can be found in a number of different places. One of the most common areas that will be contaminated with PFAS is the water supply. Nearly all water supplies in the United States contain some levels of PFAS.

The problem with PFAS is that it is a possible carcinogen. Europe has recognized the dangers that are inherent to PFAS chemicals and has banned the substances. However, the U.S. has not taken steps to fully ban PFAS. As a result, manufacturers make products that contain this harmful chemical that can last for decades.

THE USE OF FIREFIGHTING FOAM

There are two different types of people who can suffer the effects of firefighting foam. The first is firefighters who have been using this substance on the job for years. Exposed to these chemicals in large substances, their bodies can see a buildup of PFAS chemicals. Even people who live in the surrounding area where PFAS has been used are in danger of suffering side effects. This is important for people who lived on military bases where continuous firefighting drills were held. Studies showed that the chemicals from the foam polluted the area for decades as they seeped into the ground and permeated the water supply.

The Department of Defense still continues to use these dangerous substances today. Since the EPA has done very little to address the problem of AFFF and PFAS chemicals, people are still being exposed to the possibility of side effects even today. Congress has directed DoD to phase out the use of AFFF, but this will not fully happen until 2024.

PFAS SIDE EFFECTS

The most common side effect that people will experience from AFFF exposure is cancer. There are a number of cancers that can develop in people who have had prolonged exposure to the toxic substance. Here are some possible types of cancers that have been connected to AFFF:

  • Kidney cancer
  • Pancreatic cancer
  • Testicular cancer
  • Prostate cancer
  • Leukemia

In addition to cancer, Firefighting Foam has also been tied to a number of other health defects. Firefighting foam has caused cases of kidney damage in those exposed. In addition, AFFF have also been tied to cases of harm to the reproductive system. Thousands of people have had enough exposure to these chemicals that they are at risk of developing complications.

WHAT THE AFFF COMPANIES ARE ACCUSED OF DOING

Plaintiffs across the country have filed Fire Fighting Foam lawsuits against the companies that make firefighting foam. Like many product liability cases, these lawsuits nearly all allege that the AFFF manufacturers knew full well of the danger of the products that they were selling. The lawsuits allege that these companies were aware of the harm for decades yet continued to market unsafe products when the companies should have either pulled them from the market or warned the public of the dangers. Some of the evidence points to the fact that these companies even were aware of the dangers as far back as the 1960s.

Here, if you were affected by PFAS on a military base, you are not allowed to sue the U.S. government, Instead, you would file a lawsuit against the company that made the AFFF. For example, the chemical giant 3M has been sued by numerous plaintiffs that allege that they suffered from contaminated drinking water near the military base caused by AFFF. Each of the companies that made AFFF have been sued by numerous plaintiffs. As of now, all of the AFFF lawsuits have been consolidated into a multidistrict litigation that is in federal court in South Carolina. As of this writing, there have been 785 lawsuits filed that are a part of the multidistrict litigation.

Since AFFF will continue to have environmental effects for years to come, it is likely that the number of cases will continue to grow. While the multidistrict litigation is still in its early stages, the cases are proceeding towards discovery.

WHAT YOU CAN DO TO FILE A FIREFIGHTING FOAM LAWSUIT

If you believe that you were exposed to AFFF and developed any one of the illnesses described above, you should contact a firefighting foam lawsuit attorney. You may be able to file your own claim and might be entitled to substantial financial compensation. The best thing to do is to see an AFF lawsuit attorney as soon as possible. Your ability to file a  Firefighting Foam lawsuit is subject to the statute of limitations that would start running as soon as you were diagnosed with your illness.

The  Firefighting Foam attorney would review your medical documentation and discuss the facts of your case with you. The personal injury lawyer  who is also a product liability attorney would work with medical experts and physicians to help prove your firefighting foam lawsuit.

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Commercial Litigation Attorney Services in New York / New Jersey

Commercial Litigation Attorney Services in New York / New Jersey | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Our commercial credit collection attorney handles a wide range of commercial litigation matters per se legal intervention. For more information, get in touch with us!

Via Law Office of Jeffrey S. Kimmel
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Rhode Island Fractured Spine Compression Lawyer | Slepkow Law

Rhode Island Fractured Spine Compression Lawyer | Slepkow Law | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
If you suffered a spinal cord injury or herniated disk in a car or motorcycle crash, then contact RI personal injury lawyer, David Slepkow 401 437 1100
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Rhode Island Fractured Spine Compression Lawyer | Slepkow Law

Herniated disks and Spinal  fractures resulting from car accidents are very serious matters. The spinal column is made up of 33 vertebrae, which are small bones that protect the spinal cord from injury. Without the spinal column, it would be impossible to stand up straight, bend over or twist your body from side to side. Car accidents cause a variety of injuries, but back injuries are among the most common. In severe cases, the trauma from a car accident can cause a spinal fracture or disk herniation. Article authored by Rhode Island personal injury attorney, David Slepkow. If you suffered a spinal cord injury in a car, motor vehicle or motorcycle crash, then contact a Rhode Island Fractured Spine Compression Lawyer with experience litigating spinal cord injuries.

Spinal Fractures in car crash

Spinal Fractures as a result of a Rhode Island car accident

Spinal fractures, or breaks in the vertebrae, sometimes occur when the upper body moves forward while the pelvis remains in the same position. The most common symptom of a spinal fracture is back pain that gets worse with movement. Numbness, bladder or bowel dysfunction, and weakness in the limbs may occur if the fractured vertebra compresses the spinal cord. Depending on the extent of the injury, a surgeon may have to stabilize the fracture and decompress the spinal canal. It takes several months to recover completely, making it difficult for accident victims to participate in normal activities such as going to work, exercising, playing with children or doing household chores.

 Spinal cord injury caused by a Providence auto crash

Disks are the rubbery cushions located between the vertebrae of the spinal column. Each disk has a tough exterior with a jelly-like interior. Disk herniation occurs when the jelly-like material pushes through a crack in the disk’s exterior surface.  Herniated disks often cause back pain, but they may also cause muscle weakness, arm and leg pain, numbness or tingling. If medications and physical therapy do not relieve pain, a surgeon may have to remove the damaged portion of the disk. While accidents are a part of everyday life, it can be difficult to deal with when you have been hurt due to someone else’s negligence. The following is an overview of accident injuries causing a spinal fracture and how you may be able to obtain compensation after an accident.

Spinal Fracture

According to the American Academy of Orthopaedic Surgeons, spinal fractures are most often caused by car accidents, falls, sports accidents, motorcycle crashes and acts of violence such as gun shot wounds. Spinal fractures can vary in severity, ranging from moderate to severe. When spinal fractures are the result of an accident, there are usually additional injuries that must be dealt with on an emergency basis. Spinal fractures that involved the spinal cord can cause numbness, tingling, weakness and the loss of bladder/bowel function. If the spinal cord is severed when the fracture occurs, paralysis may be the result.

Vertebroplasty

A vertebroplasty is a procedure performed after a spinal fracture and it is designed to stabilize the spine which helps to reduce pain. Unlike many surgical procedures, a vertebroplasty is done with a small needle which punctures the skin instead of a surgical incision. During this procedure, cement is introduced into the spine where the fracture occurred which acts as a cast and keeps the spine stable. The procedure is typically short, lasting just an hour and the patient is free to leave afterward in most cases.

Kyphoplasty

A kyphoplasty is also performed to stabilize the spine after a fracture. Unlike the vertebroplasty, this procedure requires a small incision to be made near the spinal fracture and is done under general anesthesia. A small balloon is placed into the damaged vertebrae and expands, which returns the spine to a more normal position. If successful, this procedure relieves the pain associated with the fracture. These are just a few procedures done to relieve spinal fractures after an accident. If you have suffered a spinal fracture due to the negligence of someone else, it may benefit you to speak with a personal injury attorney. After speaking with you about your accident and injuries, an attorney will be able to help you decide if you should move forward with a lawsuit. While filing a lawsuit will not take away the pain associated with your accident injuries, it may provide financial stability until you are back on your feet.

Legal Damages in Providence Superior Court

If you were involved in a Rhode Island car accident or a RI truck crash caused by another driver, you may be able to file a lawsuit to recover compensation for your medical bills, pain and suffering, and lost wages. The first step in filing such a lawsuit is contacting an experienced East Providence car accident attorney or a Rhode Island personal injury lawyer. A personal injury attorney in Rhode Island will help you get the compensation you deserve as a result of your RI motorcycle, truck, car or bicycle accident.

RI car accident

In some cases, the driver is not the only person responsible for the  RI car accident. For example, if your vehicle is hit by an 18-wheeler with defective brakes, the trucking company may be at fault for failing to maintain the vehicle as required. If someone else hit your vehicle because a traffic light wasn’t working properly, your city or county may be partially liable for the accident. After reviewing your case, an experienced RI automobile collision attorney can advise you as to the best way to proceed with a lawsuit.

“One type of back injury common among car accident victims is called a herniated disc, also known as a slipped or ruptured disc. Discs are small, spongy cushions within the spinal column that separate and protect the vertebrae from one another and give the spine flexibility. The impact from a car accident can damage a disc, causing it to break or deform, thereby destroying its ability to cushion the bones of the spine. A damaged disc may also put pressure directly on nearby nerves, which can cause pain, numbness and weakness in any part of the body that the affected nerve travels to. Disc injuries in the lower back frequently lead to a condition called sciatica, which is characterized by shooting pain, numbness and tingling in the leg and/or buttock on either side. The pain associated with sciatica can be severe and debilitating, and has the potential to grow worse over time.” Disability Information Accidents and Disability  Back Injuries from Car Accidents Synopsis: Published 2011-07-17 — Types of back injuries associated with car accidents including compensation claims and medical costs. Author: Christiansen Law Offices

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Elmiron Lawsuit | Vision Loss, Eye Damage & Blindness Claims

Elmiron Lawsuit | Vision Loss, Eye Damage & Blindness Claims | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Elmiron vision loss lawsuit: You may be entitled to substantial financial compensation for your Elmiron-induced vision loss if you act now.
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ELMIRON LAWSUIT | VISION LOSS, EYE DAMAGE & BLINDNESS CLAIMS

In the latest legal blow to Johnson & Johnson* and its subsidiary Janssen, the company has been sued for eye damage caused by Elmiron. Elmiron is medication to treat bladder pain and discomfort. Elmiron medication is alleged to cause retinal injuries and vision loss.  The eye problems caused by Emiron are both severe and irreversible. The initial Elmiron lawsuits were filed earlier this year. Observers are now expecting a large number of Elmiron vision loss lawsuits to be filed against Johnson & Johnson. The company is already facing lawsuits for its other product such as talc powderRisperidone and its opioid painkillers.

Elmiron is a prescription medication prescribed by physicians to treat cystitis occurring in the bladder. Cystitis is a an extremely painful syndrome of the bladder. The vast majority of  people taking Elmiron are women- usually women who are perimenopausal. “The drug Elmiron, which treats interstitial cystitis, bladder pain and osteoarthritis, is being linked to permanent eyesight damage, including macular degeneration and pigmentary and retinal maculopathy. A number of studies dating to 2018 have revealed risks associated with long-term use of Elmiron. Mass tort law firms are looking for claimants now. Elmiron was developed by Janssen Pharmaceuticals (a Johnson & Johnson subsidiary).” Versus

 

Elmiron vision loss lawsuits

 

Update-11/09/2020- “As attorneys across the country fight over whether to consolidate litigation over the bladder infection medication Elmiron into a single federal court, a district judge in Pennsylvania has decided that claims seeking medical monitoring over the medication can’t be litigated as a national class action.” Law

9/3/2020- “The second plaintiff is from California and filed her case in the District of New Jersey. Like the first plaintiff, she claims that she was diagnosed with IC and was prescribed Elmiron, which she took for about four years from 2013 through 2017. During that time, she received no warnings about any risk of retinal damage or vision loss. Now, she suffers from toxic maculopathy, retinal damage, blurred vision, distorted vision, and other visual symptoms. She blames these issues on her ingestion of Elmiron and seeks damages from the drugmaker.” New York Legal Examiner

6-9-2020- A prominent law firm “filed a products liability lawsuit against the manufacturers of a prescription drug Elmiron (pentosan polysulfate sodium) for, among other things, failing to warn plaintiff Valerie Hull of the potential risk of developing serious eye and vision-related injuries.  The complaint was filed on behalf of Valerie Hull, a South Carolina resident, whose case was documented as “patient zero” in a published 2018 study conducted by Emory Eye Center in Atlanta, Georgia.” The lawsuit “names Janssen Pharmaceuticals, and several other Johnson & Johnson entities as well as Teva Branded Pharmaceutical Products R&D, Teva Pharmaceuticals, and Teva Pharmaceutical Industries Ltd., as the defendants who manufactured, marketed, and distributed Elmiron. The case is Hull vs. Janssen Pharmaceuticals Inc., et al., Case No. MIDL003646-20.” PR NEWSwire

8/12/2020-  “On Aug. 12 two women filed lawsuits against manufacturers of Elmiron, the only oral medication approved by the U.S. Food and Drug Administration to treat interstitial cystitis, also known as painful bladder syndrome. The Elmiron lawsuits were filed by Clara Johns and Shirley Ruth Levy in the U.S. District Court for the District of New Jersey against units of Johson & Johnson, Bayer and Teva, as reported by Law360. Johns and Levy allege that the drug manufacturers knowingly withheld information about harm caused by long-term use of Elmiron such as blurred and distorted vision and retinal damage, and failed to alert physicians or patients of these risks.” Med truth

VISION LOSS, EYE DAMAGE & BLINDNESS CLAIMS

If you have taken Elmiron and have experienced any problems with your eyes and vision, you may be entitled to significant financial compensation. You should contact a Elmiron eye damage lawyer immediately to learn more about how you can file your own Elmiron vision loss lawsuit.

WHAT IS ELMIRON?

  • Elmiron is used to treat interstitial cystitis and painful bladder syndrome.
  • There are numerous side effects of this condition.
  • Those who suffer from this suffer from frequent urination, the urge to constantly urinate and pain during sex.
  • There is no cure for this condition, but it may be managed with medication.
  • In addition, Elmiron is also prescribed to treat osteoporosis.
  • Elmiron is the name brand for a class of drugs called Pentosan polysulfate.
  • The medication is intended to strengthen the bladder wall by providing a coating. This is supposed to reduce the urge to urinate.
  • The medication is similar to a blood thinner. In fact, it is billed as a heparin-like substance, However, the exact way that the drug works is not known.

ELMIRON BLINDNESS LAWSUIT

  • Patients do not take Elmiron for a short period of time.
  • In fact, it takes months for the drug to begin working at all.
  • The drug is intended to be a long-term medication that patients take for years.
  • Patients will be on the drug for a minimum of six months.
  • The drug was developed by Teva Pharmaceuticals. Teva then licensed the product to Janssen Pharmaceuticals, which is a subsidiary of Johnson & Johnson. This is why all three of these parties appear on the Elmiron vision loss lawsuits.

ELMIRON IN EUROPE AND THE UK

Elmiron has been on the market since it was approved by the FDA in 1996. European regulators only recently approved it. There have been concerns raised about the benefits of the drug versus the steep cost. In Europe, cost matters when it comes to approving the drug for use. The U.K. distributor was forced to make price concessions before it was approved for use in the U.K. In the U.S., the drug does between $150-$250 million in sales annually. Given the expensive cost of the drug, this means that roughly one million people in the U.S. take the medication.

ARE THERE ANY WARNINGS ON THE ELMIRON’S LABEL?

  • Elmiron was originally sold to the public with no warnings on its label.
  • A drug company is under the obligation to update its warning label when it learns of any type of side effects that can cause a danger to patients.
  • Johnson & Johnson updated the warning label on the drug several times.
  • However, at no time did the company warn patients specifically about any danger to their eyesight.
  • “In fact, from 1996, when Elmiron® was first approved by the FDA, until June of 2020, neither Elmiron®’s Package Insert nor its Medication Guide contained any warnings or information regarding the risk of serious visual complications, including, but not limited to, maculopathy.” TOMME ECHERD Elmiron lawsuit complaint
  • In June 2020, Elmiron’s manufacturer,  issued a major change to Elmiron’s label in the United States.  Previous Elmiron labels had nothing listed as a potential risk risks pigmentary maculopathy  under the “Warnings” area. The new label was given the green light by an FDA approval on June 16, 2020. The warning was entitled, “WARNINGS Retinal Pigmentary Changes.”
  • The warning states, “Pigment changes in the retina of the eye (also referred to as pigmentary maculopathy in medical journal articles) have been reported with long-term use of ELMIRON® . While the cause of the pigmentary changes is unclear, continued long term dosing with ELMIRON® may be a risk factor. Although most of these cases occurred after 3 years of use or longer, cases have been seen with a shorter duration of use” Elmiron warning
  • In this warning Janssen Pharmaceuticals notable does not warn consumers of vision loss or blindness. Janssen Pharmaceuticals conceded that the drug could cause “Visual symptoms in the reported cases included difficulty reading, slow adjustment to low or reduced light environments, and blurred vision.” id.
  • “Pigmentary maculopathy is a unique type of maculopathy linked to the interstitial cystitis drug, Elmiron (pentosan polysulfate sodium). Some people who used the drug long-term for treating IC and bladder pain developed pigmented deposits that resemble little specks in the macula, according to a 2018 study by Drs. William A Pearce, Rui Chen and Nieraj Jain in Ophthalmology.” Drug Watch

 CANADIAN ELMIRON MEDICATION WARNINGS:

Authorities in Canada mandated similar Elmiron warnings in October 2019. The Canadian government stated on it’s website, “The risk of pigmentary maculopathy has been included in the Warnings and Precautions, Post-Market Adverse Drug Reactions, and Consumer Information sections of the Canadian product monograph for Elmiron.  The Canadian health authorities even provided a “Key messages for healthcare professionals:

  • In the post-market setting, pigmentary maculopathy has been reported with chronic use of Elmiron. Visual symptoms included difficulty reading and prolonged dark adaptation.
  • Patients, particularly those with chronic use of Elmiron, should have regular ophthalmic examinations for early detection of pigmentary maculopathy.
  • If pigmentary maculopathy is confirmed, Elmiron treatment discontinuation should be considered.” Canada Elmiron warnings

EMORY EYE CENTER STUDY:

  • “For example, from 2015 to 2018, Emory Eye Center began observing a new eye disease in patients called “retinal maculopathy,” a unique presentation that does not resemble any other hereditary or acquired maculopathy, where the pigment cells within the eye’s retina changes color. This change in color causes significant vision loss and eye dysfunction.” Elmiron complaint
  • “In 2018, scientists at Emory Eye Center published a study documenting a link between Elmiron® use and retinal maculopathy. Pearce WA, Chen R, Jain N., Pigmentary Maculopathy Associated with Chronic Exposure To Pentosan Polysulfate Sodium. Ophthalmology 2018. The authors suggest that the retinal cells may be accumulating PPS over time and warn that “[c]linicians should be aware of this condition because it can be mistaken for other well-known macular disorders, such as pattern dystrophy and age-related macular degeneration.” Id.
  • “In letters to the editor, the study authors also stated that “[a]fter extensive investigations, which included molecular testing for hereditary retinal disease, we found these cases to resemble no other retinal disease,” and “[w]e encourage drug cessation in affected patients.” Id.
  • “In 2019, an Emory Eye Center team submitted a second study further documenting a link between Elmiron® use and this unique change to the retina. Foote, et al. Chronic Exposure To Pentosan Polysulfate Sodium Is Associated With Retinal Pigmentary Changes And Vision Loss. AUA 2019 Abstract MP47-03. The authors of this study conclude that structural changes of the retina are occurring and that it is unclear whether stopping Elmiron® will alter the course of this new retinal disease. The authors recommend that affected patients should discontinue the use of Elmiron® and undergo comprehensive ophthalmic examinations.” Id.
  • “An additional 2019 study by Emory Eye Center found a statistically significant increase in the atypical retinal maculopathy in people who had taken Elmiron® (PPS) for 7 years. Jain N, Li AL, Yu Y, et al. Association Of Macular Disease With Long Term Use Of Pentosan Polysulfate Sodium: Findings From A U.S. Cohort. Br J Ophthalmology Nov. 6, 2019.” Id.
  • “When researchers at Emory Eye Center looked more closely at the Defendants’ early clinical trials for Elmiron®, they found evidence of reported retinal eye
    damage that was never followed up on, never warned about or otherwise disclosed. Instead, Defendants chose to ignore it. Specifically, the Emory Eye Center researchers found that in Defendant Janssen’s own clinical trial of patients who took Elmiron® for up to four years, both vision and eye-related adverse events were reported, including optic neuritis and retinal
    hemorrhage.” Id.

EUROPEAN WARNINGS

  • Authorities in Europe mandated a label warning in June 2019.
  • “Likewise, in approximately 2019, Defendants “agreed” with a European Medicines Agency’s Committee recommendation that the Elmiron® label be changed to warn of the risk of serious visual complications, including pigmentary maculopathy, associated with long-term use of Elmiron®.” Complaint
  • “The Elmiron® label in European Medicines Agency countries now warns: All patients should have an ophthalmologic examination after 6 months of use of PPS for early detection of pigmentary maculopathy, and, if there are no pathologic findings, regularly after 5 years of use (or earlier, in case of visual complaints). However, in case of relevant ophthalmologic findings, a yearly examination should be conducted. In such situations, treatment cessation should be considered.” Id.
  • “The Elmiron® label used in European Medicines Agency countries further admits that “eye disorders” like pigmentary maculopathy are “uncommon” undesirable effects of the medication.” Id.
  • “In approving these changes to the Elmiron® label, the European Medicines Agency Committee for Medicinal Products for Human Use (“CHMP”) created a report, which Defendants are believed to have received. This report specifically noted that such a warning regarding ophthalmological side effects of Elmiron® was needed, in part, because pigmentary maculopathy “might not be easily recognized by the urology community.”  Id.

VALERIE HULL LAWSUIT ALLEGATIONS:

  • “Specifically, Mrs. Hull suffered various injuries, serious physical pain and suffering, medical, and hospital expenses as a direct result of her use of Elmiron.” Complaint
  • “At all relevant times, all Defendants were in the business of and, indeed, did design, research, manufacture, test, advertise, promote, market, sell and/or distribute Elmiron for
    the treatment of the bladder pain and/or discomfort associated with interstitial cystitis.” Id.

ISSUES BEGIN TO BE DISCOVERED BY RESEARCHERS IN 2018

The first issues with Elmiron began to be noted by researchers at the end of 2018. A research paper noted that long-term users of the drug experienced atypical maculopathy at a higher rate than usual. This makes sense because the retina may be one of the first areas of the body to suffer when a patient is exposed to medicine toxicity. This occurs in other drugs that are known to be possibly toxic such as malaria drugs. The researchers did a follow-up study the next year. They looked at 219 patients who took Elmiron for the long term. Their results supported their initial conclusion that there may be a connection with Elmiron and vision loss.

JOHNSON & JOHNSON MADE NO CHANGES TO THE WARNING LABEL

Researchers studied 140 people who have been known to have taken over 5,000 pills of Elmiron. They were able to examine 91 people. Of this group, 22 exhibited symptoms of vision loss. This is an alarming ratio that shows that nearly one-quarter of the sample group who were long-term users suffered damage to their eye. After the initial studies, multiple researchers launched their own studies and reached the same conclusions. However, even after the study results were released to the public, Johnson & Johnson made no changes to the warning label. One lawsuit notes that the company made changes to warning labels in foreign countries to warn patients of the exact same side effects of which they failed to warn U.S. patients.

PLAINTIFFS FILE ELMIRON LAWSUITS

After the initial research findings were published, plaintiffs began to step forward with their claims of vision loss and damage to their eyes. One particular plaintiff filed a lawsuit in Connecticut in March 2020. She claimed that she took Elmiron for nearly 15 years. Believing the drug to be without major side effects, her doctors progressively prescribed more to her and increased her dosage. However, in 2019, she was examined and found to have suffered significant vision loss.

This plaintiff is one of many that are now filing Elmiron vision loss lawsuits. Many are alleging the following grounds of product liability in their lawsuits:

  • Johnson & Johnson should be strictly liable for the damage caused by Elmiron because there was a design defect and a manufacturing defect.
  • The defendants were negligent in their design and manufacture of the product since they failed to exercise the due care that a drugmaker owes the patients who take the medication.
  • The company knew of the fact that Elmiron can cause vision loss yet took no steps to either make the product safer or warn the public.
  • The defendants marketed Elmiron as safe when they knew that there were dangerous side effects.

Each Elmiron vision loss lawsuit that has been filed has variations of the same allegations.

WHERE THE ELMIRON LAWSUITS STAND TODAY

The Elmiron eye damage lawsuits have just recently been filed in different federal courts. Since the lawsuits are just in their infancy, discovery and motions have not yet happened. In many cases, the defendants have just filed their answers to the allegations. Plaintiffs are just beginning to come forward as the initial lawsuits have been filed. It is possible that the Elmiron lawsuits will be rolled into a multi-district lawsuit so all cases can proceed with common discovery. Right now, cases are still being filed across the country.

WHAT SHOULD I DO IF I HAVE TAKEN ELMIRON?

The first thing that you should do is to see a doctor to have your vision checked. You may be taking risks with the statute of limitations if you wait to have your vision examined. Make sure that you get extensive documentation from the eye doctor of any condition that you have along with their medical opinion of what caused it. You should continue to get annual checkups so you can track your vision.

Even before you go see an eye doctor, you should consult with a product liability lawyer. The attorney will tell you what documentation you need and will help you assemble what you need in order to file your lawsuit. Then, the Elmiron attorney will draft your complaint and represent you as you seek to hold Johnson & Johnson and Teva responsible for any damage to your eyes. You may be entitled to substantial financial compensation for your Elmiron-induced vision loss if you act now.

*ELMIRON® is a Registered Trademark of Teva Branded Pharmaceutical Products R&D, Inc. under license to Janssen Pharmaceuticals, Inc.

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Past Lawsuits Over Firefighting Foam Cancer - | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Major Firefighting Foam Cancer Lawsuits The manufacturers of firefighting foams have become the focus of litigation from all sides due to the dangerous

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LA County Courthouses Set to Gradually Expand Court Operations

LA County Courthouses Set to Gradually Expand Court Operations | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
Share this article:Los Angeles County’s court system — which substantially scaled back the number of cases being heard as a result of the coronavirus pandemic — will gradually begin expanding operations when more courtrooms reopen June 22, the presiding judge announced Friday. “As we go deeper into the phased recovery allowed by state and county […]

Via Steven M. Sweat
Steven M. Sweat's curator insight, June 23, 2020 2:47 PM

The civil justice system in Los Angeles had come to a virtual standstill.  No filing of new lawsuits was possible and current case trial dates were continued out for a significant period of time.  In our opinion, this incentivized insurance companies to make low ball offers and use one of their main weapons: delay, delay, delay.  "Justice delayed is justice denied!"  We're glad to see the Los Angeles County courthouses begin to re-open!

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Motorboat Accident lawyer in Rhode Island | Slepkow Law (est. 1932) - Slepkow Law (established 1932) | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
RI motorboat accident attorney will help you get compensation. Call RI lawyer, David Slepkow 401-437-1100 Rhode Island Motorboat injury lawyer
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Motorboat Accident lawyer in Rhode Island | Slepkow Law (est. 1932)

Boating is a fun pastime for many. With bodies of water in great supply in Rhode Island and Massachusetts, recreational boating enthusiasts enjoy motorboats during the summer season. However, sometimes things don’t go as planned resulting in an accident. If you were injured in a RI  Motorboat accident contact a RI boat accident lawyer at Slepkow Slepkow & Associates, Inc.

Recreational Boating Accidents

Motorboat accident attorney RI

Although the U.S. Coast Guard reports a 6.1% decrease in boating fatalities between 2016 and 2017, the number is still too high and many were preventable. If you were injured in a boat accident in RI contact a boat accident attorney RI. A Rhode Island boat accident lawyer will also be a RI personal injury attorney. The 2017 report listed the top five boating accidents.

  1. Collision with Another Recreational Vessel
  2. Collision with a Fixed Object
  3. Flooding or Swamping
  4. Grounding
  5. Falls Overboard

Collision with Another Recreational Vessel

Navigating the water and watching for oncoming boaters is instrumental in avoiding a collision. However, sometimes the operator is blindsided by another vessel resulting in an impact. Some are minor while others cause injury or death. According to the U.S. Coast Guard, there were 1,145 collisions with recreational vessels in 2017 with 721 injuries and 49 deaths. Within the category of collision, there are endless variables as to which type. Accidents involving one boat going over another or hitting dead center are both examples of collisions. In river recreational areas, for example, the natural bend and flow of the river can resemble a dog-leg leaving the drivers blinded to the reverse traffic flow.

Collision with a Fixed Object

Knowing the body of water and having an awareness of the season changes can elevate some instances of fixed object collisions. Lakes, rivers, and other water areas have an ebb and flow with the seasonal water levels. The U.S. Coast Guard reported 470 of these accidents in 2017 with 327 injuries and 63 deaths. Natural items can be hidden in the depths of the water; trees, rocks, and possibly large trash like a car might be covered with water to a varying degree. This isn’t usually a problem when the water is so high that these fixed objects are well below the surface, or even really low water when they are sticking out so far they are easily seen. Fixed items are not just natural formations, however, they can also be docks or something manmade. If you were injured in a RI boating accident, contact a Rhode Island boat accident lawyer.

Flooding or Swamping

When the boat fills with water, it is at risk of swamping. Flooding the vessel can be a result of bad weather, a leak, a large wave, or several other factors. Sudden stops in moving water can be followed by a wall of water momentum. This wall of water can also be sent by a passing boat with a large wake. The boat is overcome by the water filling beyond what it can hold. If the water can’t be drained, the boat will sink. Four hundred thirty-five swamping accident were reported by the U.S. Coast Guard resulting in 132 injuries and 76 deaths. In fact, this is a common fishing accident, and it also happens when boats are anchored at the stern.

Grounding

Running the boat on shore or hitting a sandbar in the river are two examples of grounding. There are a number of reasons this might occur such as poor visibility, but some of the most common contributing factors are operator inexperience and alcohol. Seventeen people died in 2017 and 224 were injured in the 368 grounding accidents according to the U.S. Coast Guard. Stopping abruptly from the smooth glide of water movement can cause serious head and neck injuries. In lakes, grounding incidents might happen close to shore, but in rivers, it is a consistent, daily changing risk throughout the flow of the water. There are two types of grounding: Soft and hard. A soft grounding usually doesn’t cause damage or injury; whereas, a hard grounding will probably require assistance and can cause injury or death.

Falls Overboard

Passengers can fall out of a boat when it is stationary or moving. When stationary, it is usually the result of unstable footing or doing something unsafe that causes the individual to lose balance. Traveling in a high-speed boat, however, a sharp or sudden turn can throw someone from their seat. This is why the U.S. Coast Guard would argue that life jackets should be worn rather than stowed. Assuming that the fall does not cause injury or death, the drowning is more likely to occur without a life vest. This is especially apparent in the U.S. Coast Guard report showing 179 deaths from 306 accidents. Although fifth on the list, the number of deaths outnumber the proceeding four; thus, the secondary issue of drowning is a great factor.

If you have been injured or lost a loved one as a result of a boating accident, you will want to consult our personal injury attorney office. We will file the claim, work with the insurance company, and fight for your best interest. Don’t delay; call today. A Rhode Island personal injury attorney or a RI boat accident lawyer will help you get the compensation you are entitled

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David Slepkow's insight:
Many victims allege that General Motors put profits ahead of human safety and endangered the lives of countless innocent motorists by failing to issue a recall for defective ignition switches. GM paid $900 million dollars to the United States as part of a Deferred Prosecution Agreement. They were admittedly in violation of the TREAD Act (Transportation Recall Enhancement, Accountability and Documentation Act), a Federal statute that requires automotive manufacturers to act with due diligence in notifying dealers, owners, and prospective buyers of the defect. GM employees submitted documents to Congress that proved that they knew about the defects in nearly 30 million recalled vehicles as far back as 2005. The congressional documents prove that they even held meetings in 2005 to discuss the problem but decided a recall would be too expensive. It is estimated that it would have cost GM as little as 57 cents per vehicle to issue a recall in 2005 when they admitted knowledge of the problem.
  • Gm Ignition defects recall
  • GM Recall
  • Ignition Switch defect

GM Settlement  | Catastrophic Injuries related to GM Ignition Defects Recalls

To date, more than 124 wrongful death cases have been compensated and settled. Despite the high degree of culpability, over 90 percent of the claims filed for compensation by individual motorists were rejected. Only 399 of the most serious injuries that involved amputation, severe burns, brain damage, and hospitalization were compensated.

Types of Accidents Eligible for Compensation | General Motors

If you were ever injured in a GM vehicle that was manufactured within the last 10 years, it may be one of the 30 million vehicles with faulty ignition switch defects. If the front airbags failed to deploy or the vehicle suddenly lost power, the accidents could be traced directly to the faulty ignition switches. At first, the cases were limited to those where the airbags had failed or a head-on collision resulted. Other cases demonstrated that the engine suddenly shutting off also caused accidents related to hydroplaning, braking, and steering. Power brakes rely upon the vacuum pressure produced by the engine to function. Power steering is powered by a hydraulic pump that is driven by the engine through a system of belts and pulleys.

This may have been a case of planned obsolescence that backfired. GM may have intentionally engineered the stability of the switch to fail by designing it below its own standard operating guidelines. Planned obsolescence is a common trend in the automotive industry. The ignition switch was held into place after startup by an “ignition switch detent plunger” that failed to maintain the sufficient mechanical resistance needed to prevent accidental disengagement. It could theoretically vibrate loose on a rough road, in harsh weather, an accident, or when sudden braking is required most.

GM Vehicles Recalled

The list of recalled vehicles that they continued to produce with defective switches, from earliest to latest ranges:

• Chevrolet Malibu (1997–2005)
• Oldsmobile Intrique (1998–2002)
• Oldsmobile Alero (1999–2004)
• Pontiac Grand Am (1999–2005)
• Cadillac Deville (2000–2005)
• Chevrolet Monte Carlo (2000–2007)
• Chevrolet Impala (2000–2014)
• Saturn Vue (2002–2004)
• Cadillac CTS (2003–2014)
• Buick Regal GS (2004–2005)
• Buick Regal LS (2004–2005)
• Cadillac SRX (2004–2006)
• Cadillac SRX (2004–2006)
• Pontiac Grand Prix (2004–2008)
• Cadillac DTS (2004–2011)
• Buick Allure (2005–2009)
• Buick LaCrosse (2005–2009)
• Daewoo G2X (2007–2009)
• Opel GT (2007–2010)
• Vauxhall GT (2007–2010)
• Pontiac G8 (2008 – 2009)
• Chevrolet Camaro (2010–2014)
• Chevrolet Caprice (2011 – 2013)
• Buick Lucerne (all)
• Chevrolet Cobalt (all)
• Chevrolet HHR (all)
• Pontiac G5 (all)
• Pontiac Pursuit (all)
• Pontiac Solstice (all)
• Saturn Ion (all)
• Saturn Sky (all)

An ongoing problem exists because recall repairs are not being carried out by a majority of owners. It is difficult for owners to pay attention to notifications they may receive by mail. This may have been part of the GM strategy in waiting for a large amount of time to pass because fewer owners would be alerted of the recalls. Most owners only pay attention to recalls when their vehicles are still under warranty and they are already at the dealership for mandated factory service. If the dealership alerts them while they are there, that is about the only time they carry out recall repairs. This means that there are still many unsafe vehicles on the roads endangering the public.

Compensation, GM ignition switch lawsuit

The trend for compensation in the GM class action lawsuit settlement case appears to be based upon documented serious injuries that are intrinsically linked to the ignition switch. A number of claims may have already been litigated through insurance companies and settled. These cases may be liable for compensation even if the settlement would open issues previously litigated based on the discovery of new evidence and fraud theories. Wrongful death claim compensation starts at $1 million.

If you believe you were injured in one of these ignition-related incidents, time is of the essence. It is important to contact an accident attorney who specializes specifically in GM ignition recall litigation. It is important to reconstruct the accident with expert testimony (in many cases) and to document the full extent of your injuries for maximum compensation. Damages are available to compensate victims for wrongful death, loss of consortium, pain and suffering, loss of income due to injury, disability, quality of life issues, and property damage. General Motors has already admitted fault that makes them liable when your case fits within the class of accidents recognized.

Hold GM Accountable for Commercial Nihilism

When you file a claim against GM, you hold them accountable and create a stronger incentive for the manufacturer to put people before profits. No matter what type of accident you may have suffered in a GM vehicle, you should always discuss the case with an attorney. Never speak with the insurance adjusters on your own. Their job is to elicit information that diminishes your compensation, even in the most cut and dry cases. Their factual accounts of what you told them can be misrepresented and used to bar suit against the insurance company and GM.

If your vehicle is one of the 30 million recalled, please act quickly to have the ignition switch replaced at the dealership. Recalls are carried out free of charge.

Background of the Ignition Switch Recall

“Subject Vehicles” used in this article refers to the GM vehicles sold in the United States equipped at the time of sale with ignition switches (the “Ignition Switches”) sharing an allegedly common, uniform, and defective design, including the following makes and model years:

  • 2005-2010 Chevrolet Cobalt
  • 2006-2011 Chevrolet HHR
  • 2006-2010 Pontiac Solstice
  • 2003-2007 Saturn Ion
  • 2007-2010 Saturn Sky
  • 2005-2010 Pontiac G5

 

Defective motor vehicle lawyers assert that the 2006 Chevrolet Cobalt falls within this line of Subject Vehicles which contain defective Ignition Switches and/or defective Electronic Power Steering (“EPS”).

  • An estimated 2.6 million vehicles were sold in the United States equipped with the Ignition Switches. Upon information and belief, there are other vehicles sold in the United States equipped with the Ignition Switches that have not yet been disclosed by GM.
  • The Ignition Switches in the Subject Vehicles turn on the vehicle’s motor engine and main electrical systems when the key is turned to the “run” or “on” position. The Ignition Switches have several common switch points, including “RUN” (or “ON”), “OFF,” and “ACC” (“accessory”).  At the “run” position, the vehicle’s motor engine is running and the electrical systems have been activated; at the “accessories” position the motor is turned off, and electrical power is generally only supplied to the vehicle’s entertainment system; and at the “off” position, both the vehicle’s engine and electrical systems are turned off.  In most vehicles, a driver must intentionally turn the key in the ignition to move to these various positions.
  • GM began installing the Delphi-manufactured Ignition Switches beginning in 2002 vehicle models. Upon information and belief, Delphi  allegedly knew the Ignition Switches were defectively designed, but nonetheless continued to manufacture and sell the Subject Ignition Switches with the knowledge that they would be used in GM vehicles.
  • Because of the alleged defects in their design, the Ignition Switches installed in the these General Motors Vehicles are, by their nature, loose and improperly positioned and are susceptible to failure during normal and expected conditions. The ignition module is located in a position in the vehicle that allows a driver to contact the key ring, and inadvertently switch the ignition position. Due to allegedly faulty design and improper positioning, the Ignition Switches can unexpectedly and suddenly move from the “on” or “run” position while the vehicle is in operation to the “Off” or “Acc” position (the “Ignition Switch Defect”). When this ignition switch failure occurs, the motor engine and certain electrical components such as power-assisted steering and anti-lock brakes are turned off, thereby endangering the vehicle occupants.
  • The Ignition Switch Defect can occur at any time during normal and proper operation of the Subject Vehicles, meaning the ignition can suddenly switch off while it is moving at 70 mph on the freeway, leaving the driver unable to control the vehicle.
  • GM has acknowledged that the Ignition Switch Defect has caused at least thirteen deaths. GM has refused, however, to disclose the identities of those it counts among these thirteen deaths.  Independent safety regulators have recorded 303 deaths associated with only the Saturn Ion and Chevrolet Cobalt Subject Vehicle models. The actual number of deaths for all Subject Vehicle models is expected to be much higher.
  • The Ignition Switch Defect precludes drivers and owners of the Vehicles from proper and safe use of their vehicles, reduces vehicle occupant protection, and endangers them and other vehicle occupants. However, no driver or owner of the Subject Vehicles knew, or could reasonably have discovered, the Ignition Switch Defect, prior to it manifesting in a sudden and dangerous failure.
  • Upon information and belief, it is alleged that prior to the sale of the Subject Vehicles, GM knew of the Ignition Switch Defect through sources such as pre-release design, manufacturing, and field testing data; in-warranty repair data; early consumer complaints made directly to GM, collected by the National Highway Transportation Safety Administration’s Office of Defect Investigation (“NHTSA ODI”) and/or posted on public online vehicle owner forums; field testing done in response to those complaints; aggregate data from GM dealers; and accident data, yet despite this knowledge, GM failed to disclose and actively concealed the Ignition Switch Defect from the public, and continued to market and advertise the Subject Vehicles as reliable and safe vehicles, which they  many personal injury lawyers believe they are not.
  • GM allegedly being fully aware of the problem also  failed to warn  the public. From July 10, 2009, through the late summer of 2014, GM had full knowledge of the defective part and the risks associated with it and failed to recall the vehicles as it was required by statute to do and otherwise warn the public. Such conduct by GM is independently wrongful and otherwise actionable conduct.
  • GM made its own decisions not to recall the defective vehicles each and every year since 2009.  GM’s failure to warn, failure to comply with its duties to recall the vehicles that were known to be defective are all decisions  GM – made. Thus,  GM should be responsible for the consequences and legal liabilities thereof.
  • As a result of GM’s  alleged own, independent misconduct which occurred after July 10, 2009, some people in the public were harmed and suffered actual damages and personal injuries, in that the Vehicles were allegedly unsafe, unfit for their ordinary and intended use, and have manifested, or are at unreasonable risk of manifesting, the Ignition Switch Defect by way of a sudden and dangerous failure that puts them and others at serious risk of injury or death.
  • Drivers and owners of the Subject Vehicles did not allegedly receive the benefit of their bargain as purchasers and/or lessees, received vehicles that were of a lesser standard, grade, and quality than represented, and did not receive vehicles that met ordinary and reasonable consumer expectations.
  • Many product liability lawyers and GM ignition switch defective auto lawyers allege that drivers and owners of the  Vehicles did not receive vehicles that would reliably operate and were reasonable safe. GM ignition switch victims allege that they did not receive a vehicle with non-defective ignition and power steering parts. These defect attorneys assert that drivers and occupants are in danger of encountering an ongoing and undisclosed risk of harm, which  they allege could could have been avoided.
  • Some defective motor vehicle lawyers and and automobile defect lawyers allege that GM knew of this risk but did not disclose. GM made its own, independent decision after 2009, to not warn consumers of the dangers inherent in these vehicles, to not recall the vehicles, and to limit the extent of the recalls.  GM made the decision not to recall the subject vehicles, despite allegedly knowing of its defective Ignition Switch and defective power steering, until 2014. The recall  was  in some cases years after certain near-fatal accidents and years after some fatal collisions caused by the defective Ignition Switch.
  • Defective vehicle attorneys and auto defects lawyers acting by and through GM ignition switch lawsuit clients assert that GM a made no effort to ensure that drivers of the affected older model vehicles received recall noticed for the EPS defect. Moreover, General Motors did not fully disclosure – and still has not entirely disclosed – the full extent of the risk of sudden and unexpected loss of power steering. Finally, even had certain victims received the 2010 recall for defective EPS, it in all probability would not have prevented all accident as much of the work done pursuant to that recall was not effective and itself had to be recalled in 2014.
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Defects Lawyer – Dangerous Drugs & Defective Product Lawsuit Attorney

Defects Lawyer – Dangerous Drugs & Defective Product Lawsuit Attorney | Providence Car Accident and Personal Injury Lawyer-Rhode Island | Scoop.it
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