Monday, December 17, 2018

Reuters Releases Johnson & Johnson Report, Suggests Internal Knowledge for Decades

Reuters released a report that proclaims Johnson & Johnson (J&J) knew their talc products contained asbestos, but hid that information from regulators and the general public. Asbestos has been linked to mesothelioma and ovarian cancer, and now it seems J&J talc is linked to those as well.

Confidential Internal Memos Prove J&J Knew of Asbestos in Talc

It appears that J&J knew for decades that its talc contained forms of asbestos, but that the company either neglected to report these findings, explained them away as statistically insignificant, or tested their product in such a way as to minimize or avoid asbestos detection. But years and years of discovery by various plaintiffs' lawyers have finally scratched away at what could be a facade that masked what J&J knew, but never disclosed: that its talc contained asbestos.

Now, J&J has been forced to share literally thousands of pages of company memos, internal reports, and other confidential documents to attorneys who claim their talc caused various forms of cancer.

Knowledge at the Highest Levels

Reuters reviewed these documents, which seem to state that the company knew that its raw talc and finished powder tested positive for small amounts of asbestos from at least 1971 to the early 2000's Ranking executives and company lawyers knew this fact, but didn't disclosed it to regulators or the public. Not only did they intentionally fail to disclose this information, but it appears they also successfully influenced U.S regulators' plans to limits asbestos in cosmetics, as well as the government's scientific research on talc's adverse health effects.

Documents May Help Plaintiffs Prove Link Between Cancer and Talc

In recent years, juries awarded huge sums to plaintiffs for proving that J&J talc was laced with asbestos, which in turn, caused their mesothelioma. Mesothelioma is a lung cancer caused by asbestos. Normally, these cases are found in construction and mine workers. But when cases starting arising by the dozen in patients who never held these jobs, it led to the theory that they inhaled the asbestos in a different way. And as it turned out, that way was talc. Unfortunately for plaintiffs, jury verdicts have not always held for plaintiffs. In fact, results have been pretty mixed, since plaintiffs bear the burden of proving that there was asbestos in the talc used by plaintiffs. And that link has always been difficult to prove, until now.

Mesothelioma and Ovarian Cancer Linked to Talc

These mesothelioma cases opened the door for broader J&J liability, and earlier this year, plaintiffs successfully won a $4.69 billion verdict for proving that asbestos-tainted Baby Powder and Shower to Shower talc caused ovarian cancer, again via asbestos, in women that regularly used J&J talc products as a perineal antiperspirant and deodorant.

Ovarian cancer is much more prevalent than mesothelioma, and hence J&J's liability could be debilitating to the company. In fact, J&J is facing thousands of lawsuits claiming its talc caused cancer, since asbestos has a long latency period. And now it appears lawyers may now have all the evidence they need to tie the two, in both forms of cancer.

If you or someone you love has been diagnosed with mesothelioma or ovarian cancer, and you think talc could be to blame, contact a personal injury lawyer. This Reuters report could have potentially opened the door for many plaintiffs seeking to recover damages for their cancer inflection. A lawyer may very well be willing to listen to the facts of your case, and even represent you, for no money down.

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from Injured http://blogs.findlaw.com/injured/2018/12/reuters-releases-johnson-johnson-report-suggests-internal-knowledge-for-decades.html
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Thursday, December 13, 2018

Berkeley Must Face Class Action by Protesters

The city of Berkeley, its police chief, and several of its police officers, will be required to face a class action lawsuit brought by protesters that were injured at a recent city council meeting. Though some of the charges brought were dropped, U.S. District Court Judge Jeffrey White kept alive claims that the Berkeley police chief failed to enforce the police department's own rules for policing demonstrations. These rules were recently adopted after violent tactics were used against demonstrators for Black Lives Matter back in 2014. Apparently, police used those same outlawed tactics against those protesting the city's SWAT team training and weapons expo, while in the presence of Police Chief Andrew Greenwood.

Three Protesters Allegedly Injured From Police Use of Batons

In July of 2017, protesters and plaintiffs Dylan Cooke, Brooke Anderson, and Lewis Williams came to the stage with other protesters at the conclusion of the City Council meeting at Longfellow Middle School to unroll a banner that said, "Stop Urban Shield, End the Militarization of Our Communities." According to the complaint, before the sign was even unrolled, police stormed the stage and used excessive force. One officer twisted Cooke's wrist and shoulder in an "excruciating pain hold", and another subsequently wrenched Cooke's arm harder, according to the lawsuit. Anderson, who was wearing a press pass, claims she was repeatedly hit with batons on her arm, on which she wore a visible brace, and had her camera pushed into her face with batons. Williams, who is 74 years old, suffered a cut on his head; allegedly he stooped to pick up his glasses from the floor when an officer hit him on the top of his head.

Alleged Force Used Violated Berkeley Police Department's Own Policy

After excessive force was used in a local Black Lives Matter rally in 2014, the Berkeley Police Department adopted a crowd-control and use-of-force policy that includes prohibitions on how batons are used and how crowds are disbursed. Judge White will allow claims to move forward that allege that police violated this policy. Though White did drop some related claims, he will allow plaintiffs to amend their complaint, so as to potentially reinstate the dropped claims, thereby making the city increasingly liable for the actions of the police officers. According to plaintiffs' attorney, Rachel Lederman, if the dropped claims are amended and reinstated, "the big picture can be addressed and additional injuries can be averted and people can exercise their First Amendment rights in Berkeley without fear of being clubbed on the head for no reason."

If you or someone you love has been violently injured during a peaceful protest, contact a civil rights attorney. Our country was founded on notions of free speech, and in order to keep our country great, all voices should be heard. A civil rights attorney may take your case free or at low cost. Call one today. You have nothing to lose.

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from Injured http://blogs.findlaw.com/injured/2018/12/berkeley-must-face-class-action-by-protestors.html
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Wednesday, December 12, 2018

Are Dangerous Errors Lurking in Your Medical Records?

Sometimes we need to change doctors. Sometimes a medical condition needs to go to an expert. And sometimes, a medical emergency prevents us from giving our complete medical history to the doctors and nurses treating us. In any case, the quality of health care that we receive is only as good as the accuracy of our medical records.

And while it may be impossible to calculate exactly how many errors are  hidden in our medical histories, the Office of the National Coordinator for Health Information Technology estimates that nearly 1 in 10 people who access their medical records online end up requesting that they be corrected. So how do you find out if your medical records are accurate? And how do you correct them if they're not?

Accessing Records

"I tell people, 'Collect all your medical records, no matter what' so you can ask all kinds of questions and be on the alert for errors," Susan Sheridan, director of patient engagement with the Society to Improve Diagnosis in Medicine told CNN. That is great advice, but how do you actually get your records?

The Health Insurance Portability and Accountability Act (HIPAA) establishes data privacy and security guidelines for patients' medical information. This law also guarantees your right to review your medical record and request corrections. Under HIPAA, hospitals, medical clinics, physician practices, pharmacies, and health insurers are required to make your medical records available within 30 days, at a reasonable cost, and in the format that you request, if possible.

If you are having trouble acquiring your medical records, or those of a family member, you can review the recent guidelines issued by the Office for Civil Rights of the U.S. Department of Health and Human Services.

Fixing Errors

Your doctor or hospital should also be able to provide you with a form to correct any errors in your medical records. "Individuals should be provided with a timely means to dispute the accuracy or integrity of their individually identifiable health information," according to the Office of Civil Rights, "and to have erroneous information corrected or to have a dispute documented if their requests are denied."

Even seemingly innocuous errors, like outdated contact information for family or designated representatives, inaccurate dates of treatment, or minor errors in dosages and medications can have catastrophic health effects if not corrected. Make sure you check your medical records and fix any errors. And you may want to talk to a local attorney for help if you're having trouble.

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from Injured http://blogs.findlaw.com/injured/2018/12/are-dangerous-errors-lurking-in-your-medical-records.html
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Tuesday, December 11, 2018

Christmas Shopper Wins $3M Lawsuit for Escalator Toe Injury

Aisha Siddiqui won a jury verdict of $3 million in her personal injury lawsuit against a mall owner and escalator manufacturer after her right big toe was "crushed and shredded" during a Christmas shopping trip in Arkansas last year.

Siddiqui was riding down an escalator at the Park Plaza mall, when her boot got caught and pulled into the moving escalator. Her right big toe was caught in the escalator's teeth, turning it into "hamburger meat," according to her attorney, Denise Hoggard. Medical responders hoped to reattach the toe, and therefore couldn't use pain killing medication during the agonizing and protracted rescue. In the end, the toe couldn't be saved.

Career as a Surgeon Put at Risk

According to Hoggard, this wasn't just a case about a big toe. It was about pain and suffering, as well as quality of life. Losing the toe has impacted the way she walks and stands, leading to daily pain in her hip and knee.

Siddiqui is in medical school, and hopes to become a surgeon, which often requires long hours of standing. Now this career is in jeopardy. Hoggard estimated Siddiqui's earnings loss ranged from $1.5 million, if jurors considered how much she would earn as a college graduate, to $5 million, if she succeeds as a surgeon. Defendants in the case, the mall owner and escalator manufacturer, had already admitted guilt as well as prior knowledge of other clothing items recently getting caught in this same escalator. They were looking to pay Siddiqui $500,000.

$15 Million Awarded in Prior Escalator Settlement

Though $3 million may seem like a high award, back in 2003, Dillard's department store agreed to pay a Florida girl $15 million, after she lost three fingers at the age of five when her hand got caught in an escalator as she tried to free her shoe that had gotten similarly stuck. In that case, the Dillard's manager also knew that the escalator was dangerous, but had lied to state regulators to make it appear that the escalator was being maintained.

If you or someone you love has been injured from an escalator incident, contact a local personal injury attorney. Only through legal discovery will you be able to learn if the escalator operator or manufacturer knew or should have known that the machine was dangerous. A lawyer will be able to help you get the most reimbursement possible for your medical bills, pain, suffering, and lost wages.

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from Injured http://blogs.findlaw.com/injured/2018/12/christmas-shopper-wins-3m-lawsuit-for-escalator-toe-injury.html
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Thursday, December 6, 2018

Top 5 Legal Tips Regarding the Costs of Personal Injury Claims

Accidents and injuries happen every day. And often, people don't seek compensation for their injuries because they are worried about the cost of an injury claim, or they think whatever they might get paid won't be worth the time and effort. While this may be the case in some instances, it's not always true.

So how much does it cost to bring a personal injury lawsuit, and how do you know if it will be worth it? Here's what you need to know.

1. How Much Is Your Personal Injury Case Worth?

That's pretty much the threshold question for most litigants, as the answer will determine how much they are willing to spend to file a claim and pursue it to trial. But that answer can vary depending on a number of issues, from the severity of the injuries to statutory limits on personal injury awards.

2. Does the Losing Party Always Have to Pay Attorney's Fees?

An essential part of considering any reward is assessing the risk. In an ostensible attempt to limit frivolous lawsuits, some jurisdictions allow one party to seek repayment from the other after an unsuccessful lawsuit. Is this always the case in personal injury claims?

3. How to Document Your Personal Injury Expenses Before Filing a Claim

Part of determining how much your personal injury claim might be worth is documenting your injuries, costs, and expenses. That's not always easy, and mistakes, miscalculations, and omissions can hurt your case. Here's how to do it right.

4. Top 7 Questions (and Answers) Regarding Damages in Personal Injury Cases

If you do win your case, what then? There are different kinds of damages available in different kinds of cases, depending on the conduct of the other parties and the injuries involved. And, as noted above, some of those damages are capped by state laws.

5. 3 Ways to Get Compensation for an Injury Without Suing

Of course, you may be entitled to compensation and able to obtain it without going to court. Here's how.

One essential element to the cost of a personal injury claims is your legal fees, and many injury lawyers will accept cases on a contingency fee basis where your cost is based on what you are (or are not) awarded in the case. To find out if your personal injury case is eligible for such an arrangement, contact a local personal injury attorney.

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from Injured http://blogs.findlaw.com/injured/2018/12/top-5-legal-tips-regarding-the-costs-of-personal-injury-claims.html
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Wednesday, December 5, 2018

When to Sue for House Fire Injury or Death

Some deaths feel accidental, tragic, unavoidable. And some others feel so easily preventable. Malfunctions and accidents happen, but we hope that the systems we put in place to protect us from those inevitable dangers will work. And when they don't, we want to hold them accountable.

So it's understandable that a person might expect a home security system, one that promised to alert authorities in case of alarm, wouldn't ignore two warnings and unanswered calls and "inexplicably" clear an incident, especially when that incident is a deadly house fire. But that's what happened to Elizabeth Frost, who died of smoke inhalation and carbon monoxide poisoning after a fire in her home. So, is the home security system to blame?

ADT Failure

Frost's family filed a wrongful death suit against ADT on behalf of her son, accusing the company of fraud, deception, and breaching the Kansas consumer protection act. According to the lawsuit, the security company was initially alerted to a problem at the home at around 1:30 a.m., receiving a first alarm for a broken glass window and a second for a failure of the home system's main keypad. An ADT employee attempted to contact Frost and her mother, but their calls went unanswered. Instead of attempting to contact first responders, however, the employee cleared the incident around a half hour later.

City employees finally dialed 911 to report the fire around 3 a.m., about 90 minutes after the first alarm at Frost's residence. Frost's body was pulled from her burning home and she died later at a hospital. Topeka's WIBW is reporting that the family's civil suit has been dismissed, however, apparently because it did not provide sufficient facts to support the family's claims for relief.

Failure to Act

Without more information, it's hard to speculate why U.S. District Court Judge Julie Robinson dismissed the lawsuit. But there are a couple general legal theories that could explain it. First, there is no general requirement to lend help to someone in need, absent some special relationship or knowledge. Additionally, there is not even a legal requirement to call 911 in an emergency in most states.

And while ADT may not have had a general duty to contact authorities, it remains unclear exactly what guarantees it made to Frost or her family in its marketing materials. For the most part, liability of fire injury or death is going to be limited to the persons or people who started a fire, and not those who failed to report it.

If you or a family member has been injured in a house fire, contact an experienced local attorney.

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from Injured http://blogs.findlaw.com/injured/2018/12/when-to-sue-for-house-fire-injury-or-death.html
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Monday, December 3, 2018

Mother Sues for $60M After Child Died in ICE Custody

There's nothing more tragic than the death of a child, but this death has an added element of tragedy.

Two weeks after entering an ICE facility, and immigrant child died. The child's mother is now suing for $60 million.

Wrongful Death Lawsuit

Yazmin Juarez's healthy 19 month old daughter, Mariee, became ill with a respitory infection within days of being detained at the South Texas Family Residential Center, an Immigration and Customs Enforcement (ICE) detention facility located in Dilley, Texas, near the Rio Grande border.

Though Juarez tried repeatedly to get medical care for her daughter, the care she received was allegedly substandard, including medication that didn't improve Mariee's condition. According to Juarez, about two weeks later, once it appeared Mariee wouldn't recover, she and Mariee were released. They went to New Jersey to join Juarez's mother.

The next day, they sought medical care for Mariee, but it was too late. The toddler was admitted to the hospital, where she died six weeks later, at the young age of 20 months. Now Juarez has filed a wrongful death claim against the U.S. government for $60 million.

Substandard Medical Care Fell Short of Government's Duty, Plaintiff Claims

According to Juarez's attorney, R. Stanton Jones, "the U.S. government had a duty to provide this little girl with safe, sanitary living conditions and proper medical care but they failed to do that resulting in tragic consequences." According to Jones, Yazmin Juarez and Mariee were held at a Customs and Border Protection processing center in McAllen, Texas, for three or four days, sleeping on the floor of a locked cage with at least 25 other people, prior to being transferred to Dilley.

Once in Dilley, they were housed in a single room with ten other people, including five mothers that each had one child. Many of these children were already sick. When Mariee became gravely ill, her medical care was tossed around between multiple nurses and one physician. The child was given four different diagnoses, and seven medications, including one not recommended for children under two.

Detention Center Deaths on the Rise

In 2017, twelve immigrants died in detention centers, according to ICE, the most since 2009. This figure doesn't include the number of detainees who later died from medical conditions commencing while detained. Activists believe immigration officials and detention center operators provide delayed and otherwise substandard medical care and ignore detainee's health complaints. Civil rights proponents are hoping that suits like this, filed against the Department of Homeland Security, ICE, and the Department of Health and Human Services, will help to change things. This suit is in addition to the notice of claim Jones filed against the city of Eloy, Arizona, which was the prime contractor for the South Texas Family Residential Center facility. That claim sought $40 million for Mariee's wrongful death.

If you or someone you love has experienced severe illness, or death, from being detained in an ICE facility, contact a local civil rights attorney. There are duties of care that these facilities must offer all people, regardless of immigration status. If you believe this duty may not have been met, call a civil rights attorney to learn if you have a legal right to damages.

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from Injured http://blogs.findlaw.com/injured/2018/12/mother-sues-for-60m-after-child-died-in-ice-custody.html
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