Chemo Drug Lawsuits: Taxotere Causes Permanent Hair Loss for Women

One of the sad side effects of chemotherapy to treat cancer is hair loss. And it's become so ubiquitous that there are now charities where you can donate hair for wigs for cancer patients. For the most part, though, patients know that if they survive the chemotherapy and the cancer, their hair will someday grow back. But what if that doesn't happen?

Dozens of new lawsuits are claiming that the chemotherapy drug Taxotere is causing permanent hair loss in female patients, especially those being treated for breast cancer. Here's what you need to know:

Bald-Faced Lies?

Taxotere is the name brand of drug Docetaxel, which is used to battle breast cancer, gastric cancer, and some types of prostate and lung cancer. The drug works by interfering with cell division, but that includes healthy as well as cancerous cells. While all chemotherapy drugs come with the risk of side effects, the new lawsuits claim that Sanofi-Aventis, the makers of Taxotere, knew that permanent baldness was one of those risks and failed to warn women and doctors.

One of those lawsuits alleges that Sanofi-Aventis knew about Taxotere's increased risk of permanent baldness as early as 2005, based on its own research. The same suits claims the Federal Drug Administration issued a warning letter to the drug's manufacturer in 2009 citing "false or misleading statements concerning unsubstantiated claims of Taxotere's superior efficacy." And yet there was no change to the drug's label until January of this year.

Legal Liability

Drug manufacturers have a duty to warn consumers about known side effects, and consumers can sue pharmaceutical companies if they are injured by those side effects. A company could be held liable for providing inadequate warnings, inaccurate warnings, or no warnings at all.

These are the most common cause of pharmaceutical company lawsuits, are there are at least 33 lawsuits pending against Sanofi-Aventis based on their failure to warn female patients about the risk of permanent baldness.

If you've suffered permanent baldness, or any other serious injury as the result of taking Taxotere, you should contact an experienced personal injury attorney to review your case. Most are happy to review your case for free.

Related Resources:

• Injured by Taxotere? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Are Drug Companies Liable for Side Effects? (FindLaw's Injured)
• Top 5 Pharmaceutical Drug Lawsuits (FindLaw's Injured)
• Suing Big Pharma (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/chemo-drug-lawsuits-taxotere-causes-permanent-hair-loss-for-women.html

Mom Sues Cops After Daughter Arrested at Elementary School

Elexecia Martin claims police officers should have known her young daughter wasn’t involved in a fight back in April. After all, there was video of the incident, and not only is Martin’s daughter not on it, but she can allegedly be heard off-camera, begging kids to stop. But that didn’t stop police officers from arresting the girl at her elementary school in Murfreesboro, Tennessee, putting her in the back of a patrol car, and driving her to juvenile detention.

Now Martin is suing the officer involved, claiming her daughter’s constitutional rights were violated and that she “suffered great mental anguish and emotional trauma as a result of the arrest and prosecution.”

False Arrest and Emotional Distress

Martin’s daughter was initially charged with not intervening in the off-campus fight. And although those charges were later dismissed, Martin’s lawsuit claims Officer Chrystal Templeton falsely arrested and maliciously prosecuted her daughter, in violation of her Fourth Amendment rights.

“Officer Templeton knew or should have known that there existed no probable cause to arrest” Martin’s daughter, her lawsuit claims. “Based on her investigation, Officer Templeton knew or should have known that E.J. had no criminal responsibility for anything that happened in the video.”

The suit also claims that Martin’s daughter suffered emotionally during and after the arrest. The girl allegedly “begged for her mother. She cried. She vomited on the floor.” And she continues to suffer from “severe shock, emotional distress, humiliation, sleeplessness, depression, and loss of enjoyment of life.”

Legal Liability

Suing the police for a false arrest can be tricky. Courts will often grant officers qualified immunity from lawsuits over actions taken in the course of their professional duties. However, section 42 U.S.C. 1983 of the federal statutes allows a citizen to sue police officers if they willingly violate the citizen’s constitutional rights. In this case, Martin would need to prove that Officer Templeton knew, at the time of arrest, that she lacked probable cause to arrest the girl.

In addition, it can be difficult to prove emotional distress. The lawsuit will probably need to demonstrate the outrageousness of the arrest, the intensity of the impact it had on the girl, and the duration of any lasting effects. But arresting elementary-age children at school without any notice to parents and over the objections of other officers might just be bad enough for the suit to succeed.

False arrest lawsuits are becoming more and more common. If you feel that your rights were violated due to an unlawful arrest, you should contact an experienced injury attorney near you.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Disabled Woman’s Parents Sue Walmart Over Shoplifting Arrest (FindLaw’s Injured)
• Call Cops to Teach Kids a Lesson? It Can Backfire (FindLaw Blotter)
• Can You Sue for False Imprisonment? (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/08/mom-sues-cops-after-daughter-arrested-at-elementary-school.html

Pokemon Go Injuries, Crashes, and Legal Tips

You know it’s not a good idea to play Pokemon Go while you drive. But you just can’t help it! The game is so captivating and you feel — unsurprisingly considering the hype about this augmented reality app — that you gotta catch ‘em all.

Since its release, Pokemon Go has already been involved in a lot of accidents, injuries, and even crimes. Police departments have been tweeting at players to pay attention on the road to no avail, and even pedestrians are having trouble staying safe while playing.

Pokemon No!

Yesterday a teenager in Melbourne, Australia, 19, crashed his car into a school building while playing Pokemon Go, reports the Australian news website The Age. The local police spokesperson’s quote about the accident says as much about the popularity of the game as it does about the incident itself.

Julie-Anne Newman is clearly steeped in the lingo and spirit of Pokemon Go. She told reporters, “The 19-year-old did not level up nor collect any stardust or candies only debris from the crash. Any ‘Poke balls,’ eggs or potions the driver may have had remaining only attracted police, leaving the wild Pokemon for another day.”

Suggestions from Police

Here in the United States, police have also prepared for Pokemon Go, with detectives and chiefs becoming steeped in the language of the game and even accidentally catching fugitives with these efforts. But there have also already been accidents and injuries for distracted drivers and walkers.

In Auburn, New York, a driver crashed his car into a tree this month, just after Pokemon Go was released. The local police chief reportedly provided a convenient list of tips for local game players with the following suggestions:

• Do not use the application when you are operating a motor vehicle or bicycle.
• Do not trespass on private property when trying to “catch” a Pokemon.
• Be aware of your surroundings when walking and do not stare down at your phone not knowing hazards around you, like roadways, drop-offs, waterways, etc.
• Use caution when sharing your location as strangers can see your location information.
• Travel in groups in public/well lit locations.

Watch Where You Walk

Perhaps the most amusing of the Pokemon Go accidents happened on foot, when two Los Angeles youth walked off a real cliff in an effort to catch the imaginary cartoon creatures on their smartphones. According to USA today, the real boys chasing the fake characters were extricated from the beach below the cliff by the actual fire department, using genuine ropes and harnesses.

Injured?

If you have been injured in an accident caused by the negligence of another, speak to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Playing Pokemon Go Is Causing Real Injuries (FindLaw’s Injured)
• Sinister Side of Pokemon Go Shows Itself (FindLaw’s Legally Weird)
• Police Nationwide Warn Players About Pokemon Go Crimes (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2016/07/pokemon-go-accidents-injuries-crashes-and-legal-tips.html

How J&J Offered $1.3M to Silence a Talcum Powder Victim

Talcum powder used to seem soft and sweet and clean and was associated with good things, like newborn babies. But today the powder, which has made its way into countless cosmetic and other products, is associated with ovarian cancer.

Now, women all over the country are suing Johnson and Johnson, the premiere talcum powder purveyor, for fraud, negligence, and failure to warn of the risk of ovarian cancer created by use of the stuff. For decades, many have sprinkled it in their underwear, unaware that the product was dangerous. The company, however, did know for some time it seems, and tried to hide this fact.

Baby Powder Problems

Diane Berg, a woman from Sioux Falls, South Dakota, was diagnosed with ovarian cancer at age 49. She was a longtime user of talcum powder, sprinkling it in her underwear to keep fresh. In 2006, she discovered that the product was actually killing her. She sued Johnson and Johnson. The company offered her a $1.3 million settlement in 2013.

But there was a condition. Berg, a physician’s assistant, would not be allowed to speak out about the dangers of talcum powder. She refused the settlement, telling reporters her case has never been about money.

She wanted to warn other women about the dangers of this product. With respect to this mission, the physician’s assistant was successful. The jury affirmed the connection between talcum powder and ovarian cancer. But Berg did not recover damages, reportedly.

She did, however, establish a connection that has been affirmed since. Johnson and Johnson knew about the powder’s dangers but hid it from women. A juror in a case that found Johnson and Johnson liable to the tune of $62 million in punitive damages and $10 million in compensatory, stated that internal documents revealed that the company was hiding information. It continued marketing the product despite knowing it was dangerous.

Ill or Injured?

If you are ill or injured due to a defective product or the negligence of another, talk to a lawyer. Tell your story. Many attorneys consult for free or a minimal fee and will be to talk.

Related Resources:

• Injured by a talcum powder-based product? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Johnson & Johnson to Pay $55M in Talcum Powder Case (FindLaw’s Injured)
• Johnson & Johnson to Pay $72M in Talcum Powder Case (FindLaw’s Injured)
• Johnson & Johnson Hit With Another Baby Powder Lawsuit (FindLaw’s Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/how-jandj-offered-13m-to-silence-talcum-powder-victim.html

Top 5 Swimming Pool Injury Questions, and Answers

For many of us, summer time is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours?

Swimming pools actually occupy a unique place in injury law, and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

1. Pool Accidents: What Swimming Pool Laws Apply?

Because so many people have swimming pools and there are so many pool-related accidents every year, there are specific injury laws that only apply to swimming pools. And there are also different laws that apply to private pools as opposed to public pools. Find out which may apply to your case.

2. If I Slip and Fall at a Pool, Can I Sue?

You were hurt at a pool, and the owner should compensate you for your injuries. Unfortunately, it's not always that easy. Proving the owner was negligent can be more complicated than we expect.

3. Is Your Swimming Pool an Attractive Nuisance?

It's a phrase most of us don't come across in our daily lives, but when it comes to owning a swimming pool, having an "attractive nuisance" on your property can mean thousands or millions of dollars in legal liability. Find out how to protect yourself.

4. My Neighbors Just Built a Pool - Do They Need a Fence Around It?

Part of owning an attractive nuisance is taking the steps necessary to prevent attracting injuries. Many state statutes and court precedents require pool owners to fence off their pools or otherwise prevent children from wandering in.

5. Are Hotel Pool Liability Waivers Enforceable?

It may have been language in the hotel's check-in paperwork or maybe a sign by the pool, but does merely saying that the hotel isn't responsible for swimming pool injuries make it so?

If you have more questions about swimming pool injuries, in general or specifically, you should contact an experienced personal injury attorney in your area. He or she can advise you on local laws and most are willing to talk to you about your case for free.

Related Resources:

• Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
• Swimming Pools Laws and Liabilities Round Up (FindLaw's Injured)
• 3 Key Factors in a Swimming Pool Injury Suit (FindLaw's Injured)
• 6 Tips to Lawsuit-Proof Your Pool Party (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2016/07/top-5-swimming-pool-injury-questions-and-answers.html

Theranos Sued for Voided Blood Tests, Plaintiff Seeks Class Action Status

Theranos, the revolutionary blood testing company founded by Stanford dropout and Silicon Valley wonder Elizabeth Holmes, is having a bad year. The company is under investigation for securities fraud, in June its pharmacy chain partner Walgreens broke ties and shut down all of its Theranos blood draw centers, Holmes has been barred from owning or operating a blood lab for the next two years, and lawsuits abound.

The latest claim comes from a patient who says that his faulty Theranos blood draw results contributed to his having a heart attack. The plaintiff, going by RC, seeks class action status for his lawsuit filed in federal court in Arizona.

Early Enthusiasm

According to Tech Crunch, RC's case is just one of at least nine civil suits Theranos now faces. The company's technology was going to revolutionize the way that blood is drawn and tested, but it seems that the enthusiasm about Theranos was premature.

Theranos partnered with Walgreens pharmacies to provide blood testing services using its proprietary Edison system. Supposedly one drop of blood could reveal hundreds of different diseases, so the pharmacy chain decided to create Theranos centers in about 40 stores across the country.

Edison Method

The Edison method, the one invented by Elizabeth Holmes, takes a lot less blood than traditional blood draws. Only one drop was supposed to reveal hundreds of diseases. But, it turns out that the Edison method also gives a lot less accurate results than traditional blood draws.

In his lawsuit, the plaintiff RC says that his doctor told him to monitor his blood and made recommendations based on the plaintiff's Walgreens Theranos test results. But one month later the plaintiff had a heart attack and found himself in the hospital. There, it became apparent that the blood test results he gave his doctor and that were obtained from a Walgreens Theranos center were incorrect. Now RC is saying that Theranos contributed to his heart attack by providing faulty results that misled him about what actions were necessary.

Voided Tests

RC's claim has some support -- the plaintiff's tests were later voided along with those of thousands of other patients who used the Edison method in 2014 and 2015 at Walgreens. Theranos voided the tests as part of an effort to comply with the requirements of the Centers for Medicare and Medicaid Services (CMS), and Elizabeth Holmes was just barred by CMS from owning or operating a blood lab for the next two years.

As for RC, he is seeking class action status, hoping his suit will be a representative claim for others who were injured by the Theranos blood draws. The plaintiff is seeking unspecified compensatory and punitive damages.

Injured?

If you have been injured due to a defective product or due to the negligence of another, speak to a lawyer. Tell your story. Many personal injury attorneys consult for free or a minimal fee and will be happy to assess your case.

Related Resources:

• Hurt by a product or accident? Get your claim reviewed for free. (Consumer Injury)
• Class Action Cases (FindLaw's Learn About the Law)
• Can I Start a Class Action Lawsuit? (FindLaw's Injured)
• Proving Fault in Medical Malpractice Cases (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/theranos-sued-for-voided-blood-tests-plaintiff-seeks-class-action-status.html

Social Media Tips for Personal Injury Victims During a Lawsuit

You post it all. You are one of those people who feel compelled to share -- every thought in your head, meal you eat, movie you see, and article you read is documented online. In fact, you announce your activities with such regularity that it never occurs to you to keep some things to yourself at certain times. But you should if you are involved in a personal injury lawsuit. Your status updates and other posts can be used against you in court.

Calculating Damages: Social Media Can Damage Your Case

When you sue someone for injury due to their negligence and claim damages, you will most likely also seek compensation not only for your expenses but for your pain and suffering. It is difficult to quantify pain and suffering precisely, unlike medical bills, and the defense is always going to try to minimize these kinds of damages. Do not help them to prove you did not really suffer and will not in the future by providing evidence that you're perfectly fine and having a great time.

For example, say you were injured in a car accident and have been having back problems. Your legal filings extensively document all the limitations on your mobility that the doctor has noted were caused by the accident. As part of your damages, you state that you can no longer enjoy the activities you once loved, like going to the gym or playing golf.

But your Facebook page has an extensive collection of photos showing you playing golf since the accident. There you are in Scotland and there you are in Florida, showing off your awesome swing. That online photo album can be used to contradict your claims of pain, suffering, and limitations on mobility.

Status Update

As tempting as it may be to dream aloud or share your difficulties with friends and family online, try to avoid it. Your seemingly innocuous comment about what you plan to do with your injury case settlement money, for example, can be used to try to prove that your claims are inflated.

Your best bet is to remain circumspect online during the pendency of your case, and for some time after just to be safe. You can still express yourself, but be thoughtful. Do not say anything you would not want used against you in court.

Talk to a Lawyer

If you have been injured in an accident or any other context and believe it was due to the negligence of another, speak to a lawyer. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• First Steps in a Personal Injury Claim (FindLaw's Learn About the Law)
• Meeting With an Attorney (FindLaw's Learn About the Law)
• Take Incident and Injury Notes (FindLaw's Learn About the Law)

from Injured http://blogs.findlaw.com/injured/2016/07/social-media-tips-for-personal-injury-victims-during-a-lawsuit.html