Sometimes, a company distributes a product that causes harm to many people in a similar way. When these people get together to hold the company accountable, it can either be through a class action lawsuit or through mass tort litigation. In the latter example, plaintiffs are able to pursue their claim individually.
At MacCloskey, Kesler & Associates, we have extensive experience with mass tort litigation. Currently, we are working with clients who have developed ovarian cancer or other complications due to the use of talcum powder.
Talcum Powder and Ovarian Cancer
Talcum powder, specifically from distributor Johnson & Johnson, has been linked to ovarian cancer. Since the 1970s, studies have demonstrated repeated use of talc in the genital area can increase the risk of ovarian cancer. More recently, researchers have concluded a 40% increase in risk for developing ovarian cancer with only weekly use of talc.
Unfortunately, talcum powder is not just found in powder form. It has also been used in feminine hygiene products, which only increases exposure risk.
Further, Johnson & Johnson has recently come under fire for knowingly distributing talc products with traces of asbestos. This act of negligence is unacceptable and could have potentially harmed many people.
What to Do Next
If you, or someone you love, has been diagnosed with ovarian cancer, and they have a history of using talcum powder, you could be entitled to compensation. There have been successful cases against companies like Johnson & Johnson throughout this mass tort litigation. Our firm has worked with clients just like you and has the experience to advocate for you in court.
It’s summer, which means families are hopping in the car to drive to their favorite destinations. Before you head on your next road trip, or before you get in the car to drive to work, be sure you are brushed up on safety habits around construction zones.
Road construction is necessary to keep our interstates, highways, and neighborhood streets safe. After all, poor road conditions can lead to potholes or other damage that can quickly lead to vehicle crashes. However, road construction can also be frustrating for busy drivers who are in a hurry to reach their final destination. Here is what you need to know to stay safe this season.
The Federal Highway Administrationreports that in the past five years, more than 4,000 people have died in crashes in work zones. Nearly 200,000 people were injured in accidents in construction zones as well. Rear-end collisions are the most common in construction zones, and one of the most fatal times of year is the summer season (fall is also hazardous).
First things first, when traveling through a construction zone, slow down. Follow all marked speed limit signs and feel free to back off the gas pedal if the construction zone features working employees, lane shifts, or other hazards. Resist the urge to tailgate the person in front of you, choosing instead to take a deep breath and follow at a responsible distance to avoid any accidents.
Put the Phone Down
Distracted driving is already a major hazard, and you should never be on your phone while driving. However, take extra care to focus on the road ahead when driving in a construction zone.
If the construction zone has flaggers or other workers, be sure to follow their instructions. Slow down even more when asked and take special care to give roadside employees a wide berth.
You can choose to adopt good habits to stay safe in construction zones, but you could still be involved in an accident due to negligence on the part of another driver. If you are involved in an accident, be sure you work with an experienced attorney who can help you navigate your case and advocate for your rights.
The thermometer is rising and the kids are out of school, which means it is the time of year when hitting the pool sounds like the perfect way to spend an afternoon. While cooling off with a dip in your backyard or community pool can feel great, it can also be a dangerous situation without proper safety habits. Here are a few ways you can assure your family’s safety this summer in the water.
Supervise Your Kids
Did you know drowning is the leading cause of unintentional deaths in kids ages 1-4? If you are heading to the pool with your child, no matter the age, be sure you are constantly supervising and watching them. For younger kids, you should be in the pool with them, within arm’s reach in case of emergency.
Never leave a child unattended near a pool. Unfortunately, many drowning events happen while families are not swimming, but when a child wanders near the pool and falls in. If you have a backyard pool or are visiting a home with a backyard pool, assure there is a fence or gate that blocks entrance to the pool deck space.
Teach Your Child to Swim
Swimming lessons are crucial to your family’s pool safety plan. Children as young as 6 months can sign up for water safety classes and can begin to learn how to swim or float in the water. Adults should be comfortable in the water as well, so sign yourself up for a refresher class if you are not a strong swimmer yourself.
Talk About Water Safety During Playdates
Elementary school kids can enjoy playdates at the community pool, or in the backyard of a friend. Before dropping off your child for a pool date, be sure you have spoken to the adult who will be supervising the kids. Talk about your child’s swimming abilities, and ask the supervising adult if there will be planned rest breaks where kids get out of the water for a designated amount of time.
For more tips and safety ideas, visit Pool Safely, a national public education safety campaign.
Throughout ancient and modern history, the American worker was not always valued. Instead, companies had the opportunity to make decisions based on their bottom line and not on the safety of those working for them. As recently as the early 1900s, American workers were typically not protected or supported if they were injured at work. Thanks to a pivotal book, The Jungle by Upton Sinclair, that was published in 1906, the early framework for worker’s compensation began.
It has taken decades for the modern worker’s compensation laws to fully protect employees. Some would argue, however, that certain states have not gone far enough to ensure the safety and support of their employees.
Isn’t worker’s compensation the same across the country?
Unfortunately, no. Worker’s compensation rules and regulations vary by state. While there are certainly best practices, a company is only bound by the laws set forth in their home state.
What if I am injured in a state I don’t work in? We see this situation happen quite often, thanks to being so close to Wisconsin and Iowa. If you are hired in Illinois but sent to work on a project in Wisconsin, for example, you are still covered with Illinois worker’s compensation protections.
What if my company’s headquarters are located in another state?
If you work for a company that is headquartered in Kansas but were hired in Illinois, you are covered by Illinois worker’s compensation laws.
How does Illinois compare when it comes to worker’s compensation laws?
While Illinois is certainly not perfect, we are lucky that Illinois has excellent worker’s compensation law. Compared to bordering states, workers in Illinois are more likely to receive better care and support in worker’s compensation claims.
Thanks to our strong worker’s compensation state laws, the team at MacCloskey, Kesler & Associatesworks diligently to tie claims back to Illinois when possible. If you have been injured at work, even if it is in another state, but you have employment ties to Illinois, contact our office to talk more about it. We can provide guidance and representation to assure you receive the financial support you need during this time.
For decades, the team at MacCloskey, Kesler & Associates has worked with clients throughout the northern Illinois area to advocate for their best interests. During that time, we field a lot of questions from our clients. One inquiry we receive is “how much is my case worth”.
It’s no wonder clients are curious how much their case could potentially be worth. Our clients come to us in crisis, often worried about medical bills that are piling up and work paychecks that are not coming in. However, determining a potential value for a case is not an easy – or quick – task.
Beware Easy Answers
We discourage clients from using online tools that promise to calculate how much a settlement could be worth in their case. These calculators are inaccurate, as it takes a combination of record review and experience to estimate a case’s worth.
Further, we also discourage potential clients from using an attorney that promises a certain amount of money during the initial case consultation. Our years of experience have given us the knowledge to know that a quick meeting about your situation will not give anyone the information they need to make an accurate assumption of worth.
Go with Experience
Instead of seeking easy answers online or with an inexperienced attorney, contact our team. We are considered experts in evaluating case worth throughout the area. In fact, well-established firms as far away as the city of Chicago have called us to evaluate case value for their clients. Our team can evaluate case worth more accurately than others because we have tried many cases over the past few decades.
Our experience gives us a unique insight into case evaluation. We take into consideration the case, the medical bills, and recovery, as well as quality of life. Further, we understand each jury is different and can make or break a case.
It is okay to wonder what your case could be worth. However, you have to determine the potential value with an experienced attorney by your side. Call us today to set up your free consultation.