Articles Posted in Products Liability

Firefighting foam (aqueous film-forming foam “AFF”)) is a chemical product that has been used for years by firemen and in other commercial applications to extinguish fires.

Various studies have recently shown, however, that chronic use or exposure to firefighting can cause certain types of cancer. This discovery has led to a wave of firefighting foam lawsuits by former firemen and others who developed cancer after long periods of occupational exposure to AFF.

Our lawyers are accepting new clients throughout the country for inclusion in the nationwide class action lawsuit.

Paraquat lawsuits are new claims that are sneaking up on plaintiffs’ mass tort trial lawyers.  Let’s take a look at these claims that I think may ultimately lead to a large class action settlement.

Paraquat is universally recognized as one of the most dangerous and highly toxic chemicals in the world. No one disputes this. Paraquat is so highly toxic to the human body that drinking just a tablespoon of it can be fatal. This extreme toxicity (along with environmental concerns) has prompted over 30 countries to ban Paraquat entirely. In the United States, for reasons that defy logic and reason, this toxic chemical is not banned and it has become one of the most widely utilized herbicides in the agriculture industry.  It is so dangerous you need an applicator license to purchase the chemical.   So the question is not why are there Paraquat lawsuits but what took so long?

But now new evidence has revealed that prolonged exposure to Paraquat fumes can health risks that include cause Parkinson’s disease. This discovery might end up being the nail in Paraquat’s coffin. Thousands of lawsuits are now being filed by individuals who used or were exposed to Paraquat and subsequently diagnosed with Parkinson’s disease. There is also a new push in congress to get Paraquat banned.

Does a product manufacturer has a nondelegable duty to design a safe product or can they kick that can down to the end-user?

Said differently, can a product manufacturer shift the responsibility for making safety choices to the end-user of that product?

Okay, this is looking a little bit like a push poll, right?  I’m trying to lead you to the answer that I want.  So maybe the question, phrased least generously to the plaintiff, is does a manufacturer have an obligation to install optional safety equipment?

Monsanto Roundup weed killer lawsuits was the biggest mass tort in the country.  Lawyers everywhere were looking for potential victims.  Now there has been a huge settlement in the billions of dollars.  Many victims have already agreed to settle and are waiting for an update on when they will get their money. (One problem with finalizing the settlement is Bayer’s effort to settle not only with current victims but future victims that were not a part of the Roundup settlement process.)

But Roundup is still on the market.  If you have a Roundup herbicide non-Hodgin’s lymphoma cancer case, call a Roundup cancer lawsuit attorney.  Not today.  Right now.  Because the statute of limitations may come upon you quickly.  The statute of limitations is a harsh and unforgiving deadline that is near impossible to get around.

Roundup Settlement

Juul is facing lawsuits on multiple fronts. Our lawyers are focusing on vaping injury and vaping addition cases in young people who plaintiffs’ lawyers argue were targeted by Juul.

There is a vaping crisis in the country that snuck up on everyone.  There are stories every week about the growing number of vaping-related illnesses and injuries appearing at hospitals. According to a recent Washington Post article, there are now 18 reported deaths related to a mysterious vaping illness, along with over 1,000 other possible cases of vaping-related injuries.  It may well be that many of these specific cases have little to do with Juul.  But this crisis has everyone taking a close look at Juul.

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We have been getting a lot of calls from Atrium C-Qur hernia mesh victims.  These poor people have a lot of questions and concerns and we try to lay some of those out for you here.

The C-Qur hernia mesh products are a line of polypropylene surgical implants manufactured by Atrium Medical Corp.  The C-Qur hernia mesh products were one of several types of implant devices used in hernia repair surgery between 2006 and 2015.  Hernia repair is one of the most frequently performed surgical procedures in the U.S. each year.

What are Hernia Mesh & Patch Devices?

Years ago, we were involved in gadolinium MRI lawsuits involving nephrogenic systemic fibrosis (NSF), which is a fibrosing disorder of the skin and joints that occurs with victims with advanced renal insufficiency.

The cases settled for millions of dollars because NSF is just an absolutely awful disease.  Now there is a new set of gadolinium MRI lawsuits alleging that gadolinium is toxic and harming patients.

What is Gadolinium?

In Troubles with Jeep Liberty

Jeep Liberty is a cool-looking vehicle that has been off the market for the last three years.  You never know all the reasoning behind why these decisions are made. But this vehicle, many of which were made in Egypt and Venezuela, has had a lot of problems that owners are still experiencing in 2017.

The big recall Chrysler announced in 2007 was for over 800,000 Jeep Liberty sport utility vehicles because of the potential loss of steering control.  This recall occurred after Chrysler received 111 complaints about this problem. Chrysler admitted three reports of injuries from auto accidents because of the defect. In the complaints that have been made, the ball joint failed, dropping the vehicle’s front end onto one or both of the front tires.

On Friday, June 21st, Maryland’s ban on the sale of “hazardous” baby bumper pads will go into effect.

The Maryland Department of Health and Mental Hygiene has said that they intend the ban to help educate parents about safe sleep practices for babies. The ban applies to crib bumpers that are made of non-mesh type material, and are intended to rest directly above the mattress, along the length of the interior sides of the crib.

Violations for selling crib bumper pads to Maryland consumers involve warnings or a fine of up to $500 per item shipped or sold. I don’t think anyone was selling them here, anyway. I think just gets the word out of the risks of these pads and that is a good thing.

In mass tort cases, plaintiffs’ lawyers love MDLs. The hope for many lawyers who have mass tort cases is that they can sign up the client, let the MDL steering committee (a selected group of lawyers that take the lead on the cases) do the heavy lifting, and then join into the larger settlement. This is true when you have an enormous volume of cases that are settling for a small- or mid-sized amount of money. Because working these cases up individually is hard work with a limited payoff.

The plaintiffs’ lawyers instinctive love of MDLs dies quickly when they have a substantial case that they want to push forward as opposed to waiting for the sometimes torpid MDL to move forward. This is true when you have an outlier case that you think has great value than other cases.

This takes us to Davis v. Biomet Orthopedics. Biomet is one of the manufacturers of the much-maligned metal-on-metal hip implants. These hip implants have two components made of metal. When the patient’s leg moves, the metal parts grind away at each other. This causes metal bits to shave off and to fall into the surrounding tissue, and sometimes into the patient’s bloodstream. The plaintiff, in this case, alleges that she was harmed by a defective prosthetic Biomet hip implant.
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