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.
Cancer is always scary, and receiving a diagnosis is always shocking. Most cancer diagnoses come with no explanation as to whyor howcancer happened. Unfortunately, sometimes there is a connection between a hazardous substance and a cancer diagnosis later in life. Even more troubling is the fact that the person using the hazardous substance didn’t even know there were potential complications; they simply trusted the company making the substance.
One example of this is the mesothelioma and asbestos connectionwe have written about before. Another example gaining national attention is the connection between Roundup weed killer and non-Hodgkin lymphoma.
The History of Roundup and Non-Hodgkin Lymphoma
For decades, Roundup weed killer was widely used throughout the country on both corn and soybean fields. It had everything a farmer, on a large or small scale, needed – it was quick, efficient, and easy. However, people who had contact with Roundup as an applicator or farmer began to notice an increase in non-Hodgkin lymphoma as compared to others without Roundup contact.
Monsanto quickly purchased Roundup as complaints began to increase. Currently, there have been three juries who have been convinced Roundup was the cause of non-Hodgkin lymphoma in cases that went to court. These cases have given traction to other cases that link Roundup to non-Hodgkin lymphoma.
What You Should Do Next
If you or your loved one have received a diagnosis of non-Hodgkin lymphoma andyou have a history of working with Roundup, you could be entitled to compensation. Contact our team at MacCloskey, Kesler & Associatesimmediately to talk more about your situation. We are experienced in working with cases like these and are not afraid to fiercely advocate for your best interests.
You don’t have to go through this time alone, and we would be honored to work with you to achieve a favorable outcome. Contact us today to get started.
Did you serve in the military after the year 2003? If you did, you may have been given special earplugs to protect your ears from damaging noises in combat and in drills, both in America and overseas. The maker of the earplugs, Minnesota based company 3M, recently settled with the United States Department of Justice for knowingly selling earplugs that were damaged and ineffective.
If you are a Veteran, or a currently active in the military, and used 3M earplugs any time from 2003-2015, you could be owed compensation for your experience, and for medical bills associated with hearing loss or tinnitus (ringing or buzzing in the ears).
3M’s earplugs were yellow and green, able to be reversed to offer further protection from especially loud situations. However, the earplugs were too short to be effective and were prone to become loose, which made protection significantly decrease.
Hearing loss and tinnitus are common for people who work in loud situations. Veterans experience hearing challenges as well, with more than 2.6 million Veterans receiving disability compensation for complications due to hearing loss or tinnitus.
Did you serve in the military during 2003 – 2015? Do you recall being issued 3M green/yellow earplugs? Do you have hearing loss or ringing in your ears? If so, give the team at MacCloskey Kesler and Associates a call. We have the experience to advocate for you and get you the compensation you deserve.
We have been keeping up with the 3M decision and are ready to help you through the next steps to a positive outcome. Our attorney team has decades of experience working with cases just like this and we are committed to guiding our clients through this lawsuit.
Call us today to talk more about your situation and hear about your options. We look forward to working with you.
An issue that comes up from time to time is whether someone can file a lawsuit against their car manufacturer if they are in a collision and their airbags don’t deploy. The short answer is maybe.
Frontal airbags are designed to deploy in moderate to severe frontal or near frontal impacts. So if you’re hit from behind don’t expect an airbag deployment.
But what about those instances where there is a frontal or near frontal impact where the airbags don’t deploy? Technically, you may have a cause of action in that instance. However, when bringing suit against a multi-billion dollar car manufacturer, you need to bear in mind any potential recovery, and what it will cost to obtain such a recovery.
Successfully bringing suit against any manufacturer is a very expensive undertaking. To prove a case against the car company for defective airbags you must generally prove that all such vehicles manufactured with those airbags are dangerously defective. For that reason, car companies fight these cases vigorously, because if they should lose they may need to recall all those vehicles and fix them, costing many millions of dollars.
For that reason, when analyzing whether it makes sense to file suit, lawyers have to look at the injuries sustained as a result of the airbags failing to deploy. If the injuries are not truly catastrophic, like death or rendering someone a quadriplegic or the like, it doesn’t make sense from a lawyer’s standpoint to file suit. It’s like any business decision: Are you going to invest hundreds of thousands of dollars to realize a return on that investment of perhaps tens of thousands of dollars?
So the overriding concern from the lawyer’s standpoint in a case where airbags didn’t deploy is, what are the injuries? If the injuries are truly horrendous, then maybe it makes sense. But if the injuries are not unquestionably life changing, it would be hard to for a lawyer to justify taking such a case.
If you have been injured because of the negligence of others, call MacCloskey Kesler and Associates now for a free consultation at 815-965-2000.
When you are in a motor vehicle collision caused by someone else’s negligence, the insurance company for that other driver will routinely tell you that they will pay all of your medical bills, and to just have your doctors send them the bills. But what they don’t tell you is that they won’t pay any bills until your case settles.
The truth is that they will only pay for the bills that are “reasonable in amount” for treatment “necessary” as a result of the injuries sustained. There are many ways insurance companies can dispute what bills they may pay by arguing they are not “reasonable in amount” or for “necessary” treatment.
The more pressing issue is when those bills will be paid. Adverse insurance companies do not have to pay any of your bills until the case settles. That could mean your bills may not get paid for months or even years. If you wait for the adverse insurance company to pay your bills, they may go to collection and some doctors may refuse to provide medical care to you because of the outstanding balances.
To guard against this, always submit any medical bills you incur for injuries sustained in a car crash first to your own car insurance, and if those limits get reached, then to your own health insurance. This will ensure your bills get paid in a timely manner and you get the medical attention you deserve as you need that care.
At MacCloskeyKesler and Associates, we have handled thousands of car accident cases and know how to make sure your bills get paid and you get the medical treatment you need. There are time limits for settling cases, however, and time limits within which bills need to be submitted to your insurance companies. We also know how to pay your insurance companies back after your case settles.
But it is important to contact us as soon as you can after a collision. The sooner we get involved, the sooner we can get your bills paid and keep bill collectors from ruining your credit. So call us now for a free consultation at 815-965-2000.