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  • How Do I Get a Lawyer for My Roundup Lawsuit? 

    How Do I Get a Lawyer for My Roundup Lawsuit? 

    How Do I Get a Lawyer for My Roundup Lawsuit?

    If you or a loved one was exposed to Roundup and subsequently diagnosed with non-Hodgkin’s lymphoma or another cancer, you could be entitled to compensation from the product’s manufacturer. However, bringing a case against a major corporation like Bayer AG is intimidating and time-consuming, which is why many victims have hired law firms to represent them. 

    If you are wondering how to get a lawyer for your Roundup lawsuit, you can start by seeking recommendations from coworkers and family members. You can also search online. Attorneys handling cases against Bayer AG can explain the damages that have already been awarded and how you can join the mass tort regarding Roundup.

    According to National Pesticide Information Center (NPIC) research, exposure to the active ingredient in Roundup, glyphosate, is common among people who routinely use it or handle items treated with it. This can include groundskeepers, farmers, military personnel, and landscapers. 

    You could have a legal case for compensation and the right to join others filing Roundup lawsuits if:

    • You or a family member used Roundup at home or work.
    • That exposure led to a cancer diagnosis, such as non-Hodgkin’s lymphoma.
    • The statute of limitations in the case has not expired.

    If an attorney can establish these facts in your case, they can use the scientific evidence available to back up a claim for damages. 

    In 2019, Mutation Research published a study on the correlation between Roundup exposure among residential and commercial users and certain types of cancer. In addition to non-Hodgkin’s lymphoma, cancers potentially caused by glyphosate include leukemia and multiple myeloma.

    Healthline also reported on a possible connection between Roundup and the development of breast cancer. If you or a family member was diagnosed with one of these forms of cancer or any cancer linked to glyphosate exposure, you could have a viable legal case and the right to start or join a class action lawsuit.

    When the Roundup Lawsuit lawyer who will oversee your Roundup cancer lawsuit reviews your case, they will let you know your legal options. Your lawyer will also make sure you understand the process for pursuing Roundup’s manufacturer, the anticipated likelihood of settling your case versus going to court, and the benefits of each option.

    What to Ask Candidate Lawyers

    You can get a free consultation and case review when you contact a law firm about your Roundup exposure case. During your initial consultation, you will answer questions about your use of the product, your diagnosis, and its impact on you and your family. 

    When choosing a lawyer to represent you, you should also ask your own questions. These can relate to the attorney’s past experience with cases like yours, the law firm’s resources and services, and how they would handle your particular case.

    The Law Firm’s Past Cases

    Seeking more information about the law firm’s track record will enable you to make a confident decision regarding who should represent you. Ask questions specifically related to each lawyer you are considering, such as:

    • How long have you been practicing law?
    • How many product liability clients have you represented?
    • How many previous class action or multidistrict litigation (MDL) cases have you been involved in?
    • Will you personally handle my case or assign it to another member of your firm?

    You want to know that your case will be in good hands so you can focus on recovering and taking care of your family.

    Accessibility for Clients

    If you are undergoing ongoing medical care for Roundup-related cancer, you may prefer a legal team that will meet at your convenience, which could include coming to your home or hospital. You can ask questions like these to understand the dynamics of each potential firm and the team’s approach to client care and communication:

    • Is every visit conducted in your office?
    • Is your office accessible for disabled clients?
    • How are my questions, concerns, and communications handled?
    • Is your office staff bilingual or multilingual?
    • Is your office easily accessible via public transportation or rideshare?

    You may have the opportunity to question your potential legal team in various ways, including person-to-person, online via Zoom or other digital conferencing methods, or via phone. Whichever method is available, arm yourself with paper and pen to jot down answers you can refer back to later.

    Legal teams can answer your candidate questions and assure you of the benefits and advantages of choosing their firm. They will also explain the details and intricacies of their attorney’s fees and ensure you understand your rights and their responsibility to you right from the start.

    How Are Roundup Attorneys Paid?

    Roundup attorneys are paid for their legal services on a contingency-fee basis. This fee structure means they take on all costs associated with filing lawsuits for you and other plaintiffs in the mass tort case without charging any upfront fees or out-of-pocket expenses. As such, hiring legal representation will not add to the financial strain of medical care and your inability to work. 

    As part of your contingency fee agreement, your lawyer will cover the costs of: 

    • Initial case review
    • Targeted research
    • Evidence gathering
    • Expert consultations
    • Legal filing fees
    • Discovery and depositions 
    • Court costs and appearances

    Working on a contingency-fee basis also means your lawyer will not receive compensation unless and until you do. The settlement or verdict will be sent to your attorney’s office, where they will deduct their fees and issue a payment to you for your share of the class action settlement. Law firms will disclose their percentage upfront before you decide which to hire.

    Other Benefits of Hiring a Contingency Fee Firm

    When you decide to sue the company that made Roundup weedkiller for the damage it caused you or the demise of a loved one, having a law firm’s support and resources is key. Knowing there is no financial risk to hiring a law firm means you can work with a lawyer sooner rather than later. It also means you can focus on your recovery rather than on costly legal issues. 

    Getting your case started right away also has another advantage. For some prospective plaintiffs, concern or hesitation about the cost of a lawyer might cause a time-consuming delay and a delay in pursuing the at-fault party can be costly. In fact, it can put your entire right to compensation at risk because it could prevent you from complying with the statute of limitations. 

    The statute of limitations is the amount of time your state gives you to file a lawsuit against the at-fault party. When an attorney handles your case, they will research and confirm the relevant court filing deadline and ensure compliance. Otherwise, a judge could dismiss your lawsuit without ever reviewing the evidence. Your mass tort lawsuit attorney will explain the importance of timely filing, the relevant statute that applies to your case, and the steps they will take to ensure the statute of limitations is met.

    Recent Roundup Verdicts

    Participating in a mass tort with other injured parties is a long process. While you cope with your diagnosis or the loss of a family member, the wait for news, updates, and outcomes can seem excruciating. An attorney can help ease the wait by providing you with general and case-specific updates. 

    As the case winds its way through the court system and the settlement negotiation process, your legal team will explain new developments as they occur so you know what to expect going forward. Some recent updates and victories that could affect you and other individuals pursuing compensation from Roundup’s manufacturer include:

    • In June 2020, NPR reported on Bayer AG’s agreement to resolve thousands of Roundup cases with a nearly $11 billion settlement. This settlement will compensate the victims in this lawsuit and allow them to start putting their lives back together.
    • A portion of this same Roundup settlement $1.25 billion has been earmarked to settle future anticipated cases for injured parties who have not yet received a cancer diagnosis or had the chance to file.
    • In August of 2020, a separate jury in California issued a verdict ordering the weedkiller’s manufacturer at that time, Monsanto to pay more than $2 billion to a couple for their Roundup-related cancers. 
    • In 2019, a federal jury awarded a California Roundup victim more than $80 million. Of this award, $75 million constituted punitive damages, with the jury citing glyphosate as a “substantial factor” in the man’s cancer diagnosis.

    There are several benefits to the recent settlement agreement from Bayer AG. Mainly, it could resolve up to 125,000 current claims against the manufacturer, providing compensation and invaluable peace of mind to current litigants. Because certain funds are being held in reserve, this settlement also ensures compensation is available for litigants in future weed killer lawsuits.

    Damages You Could Recover in a Roundup Lawsuit 

    As your legal team will explain, the compensation you could receive from a Roundup settlement award may cover:

    • The ongoing medical expenses to treat your cancer
    • The ongoing loss of income related to treatment and recovery
    • The physical and emotional trauma you endure
    • Wrongful death damages if your loved one passed away from their cancer

    If your case goes to court, you could also receive punitive damages. These are a special category of damages a jury can award if it concludes that Roundup’s manufacturer was grossly negligent by not informing you of known or suspected risks associated with the product. Though these are not guaranteed, juries have already awarded some punitive damages in the Roundup MDL.

    What If I Can’t Afford a Lawyer?

    Concern over the cost of getting legal help and support should not stop you from holding the at-fault party responsible for your damages. If your health was put at risk by the popular weedkiller, Roundup, you can afford a lawyer to help you recover monetary damages. The reason you can afford to hire a personal injury attorney to represent you is that many will do so without charging you any initial expenses. 

    Individual and class action lawsuits against a huge company like Bayer AG can be complex, multifaceted, and overwhelming on your own. A contingency fee agreement means you can explore your legal options, identify the right attorney for you, and prove the validity of your case without paying any upfront or out-of-pocket costs. 

    Product liability attorneys do not charge any fees either upfront, filing, or otherwise to represent you. Instead, they handle your case on a contingency-fee basis. In addition, the initial consultation and review of your potential case is free. That means you can pursue Bayer AG for the damage their product caused at no cost to you. 

    There Is No Financial Risk to Hiring Representation

    In addition to your free consultation, our attorneys represent you throughout your case, often putting in years of work on your behalf without charging you anything until your case is successfully resolved. Once a settlement or verdict has been reached, the lawyer who represents you will receive a percentage of your award amount. Until that happens, you do not owe anything. Your law firm will:

    • Fully disclose the details of their contingency fee before you hire them
    • Take responsibility for all upfront case-related costs
    • Absorb the financial risks associated with your case

    By agreeing to contingency representation, you can seek compensation without adding to the financial strain of treating your cancer and being unable to work. Whether your case resolves with a settlement the most likely outcome or at trial with a jury verdict, your lawyer does not receive or expect to receive any compensation until you do. 

    Get a Lawyer for Your Roundup Lawsuit

    If you or someone you love was diagnosed with non-Hodgkin’s lymphoma or another cancer tied to Roundup, a product liability lawyer can help you fight for compensation. 

    You can learn more about the ongoing Roundup cases with a no-cost, no-obligation review of the circumstances of your diagnosis. Fill out the contact form to get started today.

  • What’s Happening with Monsanto Roundup Lawsuit?

    What’s Happening with Monsanto Roundup Lawsuit?

    What’s Happening with Monsanto Roundup Lawsuit?

    Monsanto, owned by the pharmaceutical company Bayer, is responsible for manufacturing Roundup, a widely used weedkiller product. In recent years, Monsanto has been drawn into a controversy and a series of investigations and lawsuits when it was discovered that glyphosate-an active ingredient in Roundup-could cause cancer. Some people throughout the United States who used the product have subsequently been found to be suffering from non-Hodgkin’s lymphoma.

    Roundup use has been linked to certain forms of cancer, such as non-Hodgkin’s lymphoma. Individuals such as laborers and gardeners who have had extensive exposure to the weedkiller are at the highest risk. Monsanto is facing thousands of lawsuits in state and federal courts. But despite several major losses in court, Monsanto continues to deny that glyphosate is a human carcinogen, and about 300 million pounds of the chemical are used on farms worldwide every year, according to Newsweek.

    Why Are People Suing Monsanto?

    Monsanto began producing Roundup in the early 1970s. Initially, it was intended as a non-selective weedkiller, but because of its glyphosate content, it tended to damage crops. Its popularity increased in 1996 due to Monsanto’s development of glyphosate-resistant seeds. This meant that Roundup could be used more widely both in agriculture and in residential gardens. German chemical company Bayer acquired Monsanto in 2018.

    The World Health Organization’s International Agency for Research on Cancer (IARC) reclassified glyphosate as “probably carcinogenic to humans” in a 2015 report Thousands of Roundup users have been filing lawsuits against Monsanto for damages since it has been linked to some types of lymphoma, including:

    • B-cell lymphoma
    • T-cell lymphoma
    • Chronic lymphocytic leukemia (CLL)
    • Hairy cell lymphoma
    • Non-Hodgkin’s lymphoma

    Exposure to Roundup can occur in several ways, including:

    • Direct contact with the skin
    • Inhalation
    • Ingestion

    Recent studies highlight the increasing difficulty of avoiding exposure to glyphosate. It has already been discovered in 60 percent of our food supply. Because it is also in our air and water, even crops that have not been dusted with Roundup are showing signs of contamination.

    You may qualify for compensation if you meet the following circumstances:

    • You have been diagnosed with one of the above-listed forms of cancer
    • You have a history of using Roundup weedkiller in a residential setting
    • You used Roundup in your line of work
    • You used Roundup in an agricultural setting 

    What’s Happening with Roundup Lawsuit

    In the latest update, from January 3, 2022, there was a total of 3,989 pending lawsuits in the Monsanto mass tort lawsuit in California. There are currently an estimated 30,000 Monsanto lawsuits remaining throughout the U.S. 

    Monsanto Ordered to Pay $289 Million in World’s First Roundup Cancer Trial

    On August 10, 2018, a California jury found Monsanto liable in a lawsuit filed by Dewayne Johnson, 46, a groundskeeper who claimed that using Roundup had caused his cancer. The court ordered Monsanto to pay $289 million in damages-$39 million in compensatory and $250 million in punitive damages, as Reuters reports.

    According to Johnson’s attorney, he developed non-Hodgkin’s lymphoma after using the weedkiller as part of his job for a California county school system. After deliberating for three days, the jury found Monsanto guilty of failing to warn Johnson and other users that the use of its herbicide carries a cancer risk. 

    Judge Rejected a $2 Billion Plan to Settle Future Claims Alleging Roundup Causing Cancer 

    On May 26, 2021, the U.S. court turned down Bayer’s $2 billion settlement offer, which was intended to settle future lawsuits that claim Roundup weedkiller causes cancer. U.S. District Judge Vince Chhabria of the United States District Court for the Northern District of California based his ruling on the fact that the settlement was unreasonable and would not benefit Roundup users who may be diagnosed with cancer in the future. 

    Bayer continues to claim that several years of studies show that glyphosate is safe for human use. However, the company has said it is committed to developing a plan to address future lawsuits. Part of this plan is a reevaluation of glyphosate-based Roundup for residential use in the U.S. and possible consideration of a replacement ingredient. 

    Roundup Settlement Update – Monsanto (Bayer) Agrees to Pay $10.9 Billion

    On June 24, 2021, in one of America’s largest-ever litigations settlements, Bayer agreed to pay more than $10 billion to settle thousands of Roundup cancer lawsuits. The company is continuing to sell the glyphosate weedkiller without adding health warnings to its label. 

    The settlement is intended to cover around 95,000 cases. It also includes more than $1 billion to cover claims from Roundup users who receive a diagnosis of non-Hodgkin’s lymphoma in the future. 

    Roundup Lawsuit Settlement Amounts

    Numerous Roundup compensation cases have already been settled. Examples of some of the ground-breaking verdicts involving Roundup cancer litigation include:

    • Dewayne Johnson: The 46-year-old California groundskeeper with Stage 4 non-Hodgkin’s lymphoma was awarded $289 million. According to his attorney, Johnson was involved in two accidents in which he was soaked with the weedkiller. He received his cancer diagnosis two years after the second incident. A judge later reduced the award to $78 million.
    • Edward Hardeman: The 70-year-old Californian had used Roundup to control his weeds at home for more than 26 years. In 2015, he was diagnosed with non-Hodgkin’s lymphoma. After a jury verdict, the court awarded Mr. Hardeman $80 million. The judge later reduced the award to $25 million.
    • Alva and Alberta Pilliod: The California couple received over $2 billion in damages. After using Roundup on their property for decades, Alva was diagnosed with Hodgkin’s lymphoma in 2011, and Albert was diagnosed with the same disease in 2015. 

    Roundup Lawsuit Statute of Limitations

    Each U.S. state has a statute of limitations deadlines for civil cases. This is the length of time you have to file for compensation after a personal injury. If you fail to file your lawsuit before the deadline arrives, you may no longer be able to hold the liable party responsible.  

    Several factors can lead to a delay in this type of case. When you talk to a Roundup lawsuit lawyer, they will ask you for specific details, including:

    • The location and length of your glyphosate exposure
    • When you received your diagnosis
    • What state you were living in during your exposure
    • When you found out about the possible link between Roundup and lymphoma

    These factors could play a role in how long it takes you and your attorney to take legal action. As well as the state’s statute of limitations, two laws may affect the duration of your case. These are:

    • Roundup – cancer connection discovery: Depending on your circumstances, the statute of limitations clock may begin ticking on the date you were diagnosed with cancer or from the date that you learned there was a connection with your type of cancer and glyphosate-containing weedkillers.
    • Delays during mass torts: The statute of limitations may be delayed (tolled) in some cases so that the lawsuit may be filed after the statute of limitations has expired. This allows individuals who may qualify to have their cases consolidated into mass litigation.   

    Who Can File a Roundup Lawsuit Against Monsanto?

    You may be able to pursue damages in a Roundup cancer lawsuit if you have received a diagnosis of non-Hodgkin’s lymphoma and were regularly exposed to Roundup glyphosate-based herbicide. 

    An attorney can evaluate your case and let you know if you are eligible to file. If you are, an attorney can file a lawsuit on your behalf and attempt to reach an out-of-court settlement. If this is unsuccessful, they can pursue legal action in court on your behalf. A mass tort attorney also can help you join Multidistrict Litigation (MDL) 2741, the current mass tort litigation against Roundup manufacturer Monsanto and parent company Bayer AG.

    MDL 2741 Is Not a Class Action Lawsuit

    In the case of the Monsanto Roundup litigation, there is no class-action suit. However, MDL 2741 is a consolidation of lawsuits into multidistrict litigation. In this type of litigation, many cases with similar facts and arguments are united and transferred to a single federal court. Handling litigation in this way reduces costs and facilitates settlement negotiations. 

    An MDL differs from a class action in several ways. In an MDL, each plaintiff is entitled to their day in court if they wish; the result of a single case does not necessarily impact other case results. However, the results may help to strengthen other pending MDL lawsuits against Monsanto.  

    How to File a Roundup Lawsuit

    You must take several important steps before and during filing your Roundup lawsuit, such as the following:

    • Obtain medical records: The foundation of a Roundup case is that use of a glyphosate-based herbicide has led to cancer. Therefore, you must provide medical documentation of your non-Hodgkin’s lymphoma or another type of cancer diagnosis. Roundup has also been linked to other forms of cancer, such as leukemia and pediatric brain cancer.
    • Compile medical history: In addition to the details of your medical diagnosis, it is also important that your attorney has the details pertaining to when you received your diagnosis, what tests were used, and what treatment options you are pursuing. Your lawyer will also need to know if you have any family history of this type of cancer. There’s no need to worry if you don’t yet have all this information. Your attorney will help you gather the information. 
    • Your Roundup use: Although this may be difficult, you must try to remember how often and when you used Roundup. One of the most important factors in this lawsuit is proving that Roundup exposure caused your cancer diagnosis. Although you may have used Roundup very frequently if you worked in agriculture or groundskeeping, you may still have suffered everyday exposure from using it around your residential property.  
    • Think about your economic damages: As with any other personal injury case, you need to consider what your potential compensation could be. Due to your medical diagnosis, many of your claims for damages will be apparent, such as medical expenses and lost income. Although such economic situations can devastate your daily life, they do not cover the complete damages you may be entitled to. 
    • Consider your non-economic damages: Non-economic damages cover mental and emotional suffering, or pain and suffering, caused by the impact of your cancer diagnosis. Damages in this category can also include loss of life enjoyment, permanent disability, and permanent scarring. An attorney can establish a dollar value for each non-economic damage suffered. This is important because these damages usually have no fixed value, which can make it challenging to measure their impact. Non-economic damages can also lead to punitive damages, but this depends on the case. These damages are designed to punish the liable party and ensure they do not commit this type of negligence again.
    • Get in touch with a Roundup attorney: If you have used Roundup at work or home and your doctor has recently diagnosed you with non-Hodgkin’s lymphoma or another type of cancer, Monsanto’s Roundup may be linked to your diagnosis. Discussing your case with an attorney will help you understand if you can pursue damages from the chemical company Bayer and how much you could recover. Once you have attained a lawyer, they will help you with every step of your case, so you do not have to worry about dealing with the process alone. 

    Connect with a Lawyer for Your Roundup Lawsuit Case

    Personal injury lawyers throughout the United States protect the rights of individuals who have been injured or developed an illness due to prescription medications or other chemical or pharmaceutical agents. An attorney can help you find the settlement you deserve in your Roundup cancer lawsuit. 

    We can help you find attorneys who can help you develop your case against global pharmaceutical companies, such as Bayer AG, and seek to recover the compensation that can help you pay your expenses, replace lost income, and other losses. You can take your first step today by getting a free consultation and case review with a legal professional. For more information, fill out the contact form for help with your case.

  • All About Paraquat Settlements

    All About Paraquat Settlements

    What Are Paraquat Settlements?

    Agricultural workers and others who experienced significant exposure to the herbicide paraquat dichloride are suing manufacturers of the toxic chemical because of recently-discovered links to Parkinson’s disease. If you worked with this herbicide and have a Parkinson’s disease diagnosis, you may be able to file a claim and join the multidistrict litigation (MDL) already in progress. 

    Attorneys are offering free consultations for those who may qualify. It may be possible to get a jury award or cash settlement based on the facts of your case. 

    Paraquat Lawsuit Settlements & Recalls – Parkinson’s Disease

    Paraquat is an herbicide used on crops to prevent grass and weed growth. Ingestion and inhalation of this chemical are both dangerous to humans and animals alike. Injuries can also occur when it comes into contact with skin, particularly if there are open wounds or mucous membranes. 

    While the herbicide’s status as a restricted use pesticide (RUP) and the addition of a distinct color and smell have reduced the risk of unintentional poisoning, the Environmental Protection Agency (EPA) points out that this is still a dangerous possibility. Moreover, it can be deadly within 48 hours, and there is no known antidote.

    Still, this is not the most pressing concern about paraquat exposure. Despite being on the market for more than 60 years, the link between the herbicide and Parkinson’s disease is relatively new.

    Paraquat Lawsuit – Settlements & Recalls – Parkinson’s Disease

    Over the last 10 to 15 years, numerous studies have linked paraquat use-often in combination with other herbicides-with an increased risk for Parkinson’s disease. While these studies are not rock-solid proof of cause, they show a clear pattern of a link. Some of the published findings include: 

    • The American Journal of Epidemiology: This study uncovered an increased risk of Parkinson’s disease in those who experienced exposure to the herbicides paraquat and maneb. The condition was diagnosed 75 percent more often in those with this type of exposure. 
    • Journal of the American Medical Association Neurology: This 2009 study found a link between using any of a list of eight herbicides or pesticides and an increase in Parkinson’s disease diagnosis.
    • Cell Death & Differentiation: This review of several ​​epidemiological studies published in 2010 examined the link between paraquat use and the development of Parkinson’s disease symptoms.
    • Environmental Health Perspectives: This 2011 study found that those exposed to paraquat and herbicide rotenone developed Parkinson’s disease 2.5 times more often than those who did not. It considered whether oxidative stress from these chemicals played a role.

    Compensation in Paraquat Lawsuits

    Agricultural workers and others who have documented exposure to paraquat and a Parkinson’s disease diagnosis may be able to recover compensation by filing a paraquat lawsuit. These companies should be held responsible for their dangerous products and the damage they caused. 

    It may be possible for claimants to win a jury award or recover a settlement that allows them to cover their costs related to:

    • Medical management of their disease
    • Ongoing and future care and support costs
    • Lost income and reduced ability to work and earn
    • Pain and suffering
    • Punitive damages for those whose cases go to trial

    There are already hundreds of lawsuits pending, and many more individuals likely qualify to take legal action. If you have questions about your eligibility or wonder if your case might support compensation, you can speak with a mass tort lawsuit attorney today for free. Law firms handling paraquat cases generally provide free consultations to discuss your legal options. 

    They also understand that many people cannot afford an attorney upfront. For this reason, they usually represent clients based on contingency fees. They will pay to develop your case and take action and will get their fees from the money you receive in the case. 

    Will My Paraquat Case Be Handled as a Class Action

    If you are filing a civil action based on your Parkinson’s disease diagnosis and paraquat exposure, it is very unlikely there will be a class action. In June 2021, the Judicial Panel on Multidistrict Litigation opted to centralize the paraquat litigation in the Southern District of Illinois. This case is known as MDL 3004.

    Like class action lawsuits, MDLs are a type of mass tort that allows the court system to deal with a large number of cases at once. However, each claim remains independent in an MDL. The plaintiffs work together for pretrial motions, discovery, and a few initial trials known as the bellwether cases. Using the bellwether jury verdicts as an indication of how future cases may go, one of three things generally happen:

    • Any remaining plaintiffs drop their suits.
    • The defense offers a global settlement to end most or all of the litigation.
    • Each lawsuit returns to its original jurisdiction for trial.

    Unlike a class action lawsuit, the outcome in the bellwether trials does not directly affect other plaintiffs. 

    As of December 15, 2021, the Judicial Panel on Multidistrict Litigation (JPML) reported nearly 500 lawsuits active in this MDL. This total has almost doubled since the MDL began. The rapid growth will likely continue as the case progresses and more people learn about who qualifies to sue in this case.

    How Is Paraquat Utilized?

    Paraquat is an herbicide commonly used on farms to stop the growth of weeds and grasses that are resistant to Roundup, another herbicide with its own legal concerns. Paraquat is sold under many brand names and is one of the most common herbicides used by farmers in the United States. 

    • It generally comes in a concentrated liquid form. Licensed professionals trained to handle the substance mix it with water and apply it by spraying the crops. It is widely used for keeping weeds out of fields, orchards, and vineyards. Common crops sprayed with paraquat include: Soybeans
    • Corn
    • Cotton
    • Wheat
    • Peanuts
    • Citrus fruit
    • Grapes
    • Strawberries
    • Almonds
    • Artichokes
    • Sweet potatoes

    You may better know paraquat by one of its brand names, including Gramoxone, Firestorm, Helmquat, or Parazone.

    What Do We Know About Parkinson’s Disease?

    Parkinson’s disease is a neurological disorder that affects movement and motor skills. The disease is progressive, although there are treatments that can help those living with the condition maintain a better quality of life. According to the Parkinson’s Foundation, there is no cure.

    Symptoms of Parkinson’s disease include: 

    • Tremors
    • Difficulty walking because of an awkward gait
    • Rigid limbs
    • Cognitive impairment
    • Depression and other psychological concerns
    • Gastrointestinal symptoms
    • Poor sleep

    According to Johns Hopkins Medicine, the causes of Parkinson’s disease are varied, and a combination of factors could play a role. This could include environmental factors, genetics, and factors not yet discovered. Examples include:

    • A known genetic cause in 10 to 20 percent of cases 
    • Exposure to herbicides, heavy metals, detergents, and other chemicals
    • Repeated head injuries

    How Could You Be Exposed to Paraquat?

    Most people participating in the paraquat lawsuits have a history of occupational exposure to herbicides. They worked on farms, either as growers or pickers, or certified applicators of herbicides. 

    It is unlikely that most people unknowingly experienced high levels of paraquat exposure. This toxic chemical is classified as a restricted-use pesticide (RUP), which means you must have a special license to purchase, mix, and apply it. 

    However, if you or a loved one falls into one of these categories and has a Parkinson’s disease diagnosis, you may have a viable claim against the manufacturers.

    Immediate Signs and Symptoms of Paraquat Exposure

    While the ongoing litigation centers on whether paraquat causes Parkinson’s disease after long-term exposure, the effects of this toxic herbicide on the body after an acute exposure are well-known. Unintentional paraquat poisoning is rare in the United States, but it does happen. To reduce the risk, all liquid concentrate in the U.S. contains:

    • A note-worthy blue dye
    • A foul-smelling additive
    • An emetic so anyone who ingests it will begin vomiting

    In addition, it is illegal to mix it in a food or beverage container-a concern that previously led to accidental poisonings. These safety features are vital because of how dangerous it can be to ingest paraquat. According to the Centers for Disease Control and Prevention (CDC), ingestion of the substance requires immediate emergency medical care. Those with significant exposure often pass away within 48 hours. 

    Almost immediately, swelling and corrosive injuries begin to form on the lips, mouth, tongue, and throat. This can make it difficult to swallow or breathe. In addition, digestive complaints are common, such as vomiting, diarrhea, and more. More organs suffer injuries as time goes on, including the kidneys, liver, heart, and lungs. 

    Treatment focuses on preventing the absorption, cleaning the blood with Continuous Venovenous Hemofiltration (CVVH) and a hemoperfusion charcoal filter, and managing other symptoms as they arise.

    Long-Term Health Effects of Paraquat Exposure

    When a person survives paraquat poisoning, they often live with the lasting effects of the experience. Damage is common and may be permanent in the lungs-where scarring can occur-the kidneys, or the liver. 

    Long-term exposure to paraquat could also cause chronic injuries to organs. This includes pulmonary fibrosis, also known as “paraquat lung,” and other health hazards. Minimizing ingestion, inhalation, and other exposure to the chemical throughout your career is the best way to prevent related health concerns. 

    Of course, Parkinson’s disease is also a long-term health effect that may occur due to paraquat exposure. It can begin as early as your 40s, but people generally show the initial symptoms around age 60. 

    How You Can Protect Yourself and What You Should Do If You Are Exposed to Paraquat

    If you work with paraquat and other herbicides, you must follow all prescribed safety rules. It is important to work in full personal protective equipment and wear a respirator. Pay careful attention to the containers you use to mix paraquat, reducing the risk that you might accidentally ingest it. 

    If you do experience exposure, how you were exposed will dictate your actions: 

    • Skin exposure: Immediately change clothes and clean the chemical off your skin. If there was no contact with broken skin, monitor your body for any concerns. If there was contact with broken skin, see a doctor right away. 
    • Inhalation: Paraquat can cause significant damage to your lungs. You should consider discussing your exposure with a doctor. 
    • Ingestion: If you swallowed paraquat, you must get to your nearest hospital as soon as possible and report to the doctor that you ingested paraquat. This is a medical emergency.  

    How Paraquat Exposure Is Treated in the Hospital

    When a patient first presents with symptoms of paraquat ingestion, the initial concern is with preventing absorption and cleaning the blood. The less paraquat that remains in their system, the less potential harm there is to their vital organs. Actions could include:

    • Gastric lavage
    • Activated charcoal or similar substances
    • CVVH to filter their blood

    Once they take all possible steps to reduce the volume of paraquat in the blood, the focus turns to managing worsening symptoms. 

    It is not uncommon for organs to begin to fail due to paraquat poisoning. For example:

    • The kidneys may shut down.
    • Blood oxygenation levels could fall significantly.
    • Scans of the lungs may no longer look clear.
    • The heart may begin to fail.
    • There could be signs of liver failure.

    Death generally occurs because of respiratory failure. Those who ingest significant quantities of the herbicide may pass away in a matter of days. Even those who survive often go home with lasting effects from their experience, such as:

    • Badly scarred lungs that do not exchange oxygen as well as they did
    • Kidney failure
    • Chronic heart failure  
    • Esophageal damage 

    These conditions may require ongoing management and care and may lead to death later under some circumstances.

    If you worked with paraquat and now have Parkinson’s disease, you may have a claim for compensation. A settlement or jury verdict may be possible in your case. Let an attorney assess the strength of your case against the herbicide manufacturers and determine your next steps. Fill out the contact form to get started. You could connect with a mass tort lawsuit lawyer today at no cost to you or your family.

  • Paraquat Poisoning: An Overview of the Current Status

    Paraquat Poisoning: An Overview of the Current Status

    Paraquat Poisoning: An Overview of the Current Status

    If you were exposed to paraquat dichloride and suffered adverse health effects, you may have a case against the manufacturer or another liable party. Paraquat poisoning can cause serious and lasting injuries, up to and including death. There may also be a link between exposure to the herbicide and the risk of Parkinson’s Disease.

    You can read on to learn more about the current status of civil cases related to paraquat poisoning and what you can do if you or a loved one experienced any of the qualifying health concerns.

    Paraquat Poisoning: An Overview of the Current Status

    • Paraquat is one of the most commonly used herbicides in the United States. It is widely used for many agricultural purposes, including on farms where weeds and grass can cause issues with the growth of crops, such as: Soybeans
    • Corn
    • Wheat
    • Cotton
    • Peanuts and almonds
    • Artichokes
    • Fruits including strawberries and citrus 
    • Sweet potatoes
    • Grapes

    Paraquat is highly toxic when swallowed or absorbed through the skin. People and animals have died from exposure to this herbicide. According to the Environmental Protection Agency (EPA), the herbicide is classified as a restricted-use pesticide (RUP), and workers must obtain certification before use. This is because ingestion of even a small amount can lead to very serious health consequences.

    Paraquat: Filing a Lawsuit

    When an agricultural worker suffers paraquat poisoning or has ongoing exposure over a long period, they may be at an increased risk of Parkinson’s disease or have other lasting concerns. If this occurs, they may be able to file a lawsuit against the product manufacturer to seek damages such as:

    • The cost of their current and future medical needs
    • Lost wages and reduced earning capacity
    • Pain and suffering
    • Punitive damages, if the jury determines this is appropriate

    There are already dozens of paraquat lawsuits pending across the country. If you have questions or believe you may have a case, you can discuss your options with a paraquat poisoning lawyer. Many offer free case assessments. 

    What Is the Status of the Paraquat Lawsuits?

    In June 2021, the Judicial Panel on Multidistrict Litigation centralized the lawsuits against paraquat manufacturers into multidistrict litigation (MDL). This case is now known as MDL 3004, Paraquat Products Liability Litigation. It is under the direction of the Honorable Nancy J. Rosenstengel in the Southern District of Illinois.

    According to a December 15, 2021, report from the Judicial Panel on Multidistrict Litigation (JPML), there were almost 500 cases currently in the MDL. This number is rising rapidly-more than doubling since August. This litigation is in the earliest stages, so the time to act is now if you believe you may have a case.

    In an MDL, each case remains independent, but the plaintiffs work together for pretrial motions, discovery, and the initial bellwether trials. This allows them to establish the facts of the case and determine the strength of their argument before each suit returns to its original jurisdiction. 

    Paraquat Poisoning: Clinical Features and Immediate General Management

    When a person is exposed to paraquat, they may develop symptoms immediately. The severity of their symptoms may vary based on:

    • How much exposure they endured
    • How long the exposure lasted
    • The method of exposure (i.e., swallowing, inhaling, or skin exposure)
    • Their overall health 

    According to the Centers for Disease Control and Prevention (CDC), ingesting paraquat can cause almost instantaneous swelling of the mouth, tongue, and throat, as well as pain. This can make it difficult or impossible to rinse out their mouth or drink liquids. Digestive symptoms will likely follow, including nausea, vomiting, cramping, and diarrhea. 

    If someone has known exposure to paraquat, they should see a doctor as soon as possible and report that they ingested the herbicide. The symptoms can cause difficulty breathing, dehydration, low blood pressure, and other serious concerns within a short period. More serious long-term problems can occur as well. 

    Paraquat Poisoning: Survival After Oral Ingestion

    Anyone who ingested paraquat may be hospitalized so a physician can ensure they get the necessary fluids and electrolytes, monitor their blood pressure, and observe them for further issues. Organ failure may follow the initial symptoms of paraquat exposure-this could be days or even weeks after the initial exposure. 

    Paraquat ingestion may cause one or more of the body’s major organs to fail. This could include the heart, kidneys, liver, or respiratory system. According to Drug Safety, when at least 50 mg/kg is ingested orally, death generally occurs within 48 hours. 

    Deaths from paraquat ingestion may occur as a result of unmanageable pulmonary edema. When there is excess fluid in the lungs and the doctors cannot control it, the patient cannot breathe. Even when a patient survives, they may have lasting damage. This could include:

    • Lung damage and scarring
    • Kidney damage
    • Heart failure
    • Damage to the throat or esophagus

    There is some research that indicates these adverse outcomes can also occur when a person is exposed to small amounts of paraquat over time. More recently, the herbicide has also been linked to an increased risk of Parkinson’s disease.

    Case Presentation of Paraquat Poisoning

    Most people who experience paraquat poisoning are licensed applicators, growers, pickers, or other agricultural workers, or they work in plants that produce the herbicide. This is because paraquat use is limited by strict rules in the United States. 

    The United States also requires manufacturers to add blue dye, strong-smelling additives, and emetic agents, according to the CDC. However, there are reports of others who accidentally or purposefully ingest the poison. 

    According to a case report published in the Journal of Family and Community Medicine in 2013, one hospital patient consumed the herbicide as an attempt to end her life. In the 12 days preceding her death, she exhibited a range of symptoms and emerging health concerns as a consequence of ingesting the herbicide.

    Initial Treatment

    Initially, she presented with swelling and reduced range of motion in her mouth, in addition to decreased urine output. This was treated with intravenous fluids, antiemetics, and H2 blockers before being transferred to a larger medical facility.

    Continued Care

    After 24 hours, she remained conscious and oriented but had neck edema and injuries in her mouth, on her tongue, and around her lips. She also experienced difficulty breathing and was intubated. 

    Intensive Care And Death

    In the ICU, she received two sessions of dialysis. There were signs of pneumonia in her left lower lung and bilateral changes to her kidneys seen through medical imaging. There were also corrosive injuries to her esophagus and stomach. Treatments included:

    • Intravenous methylprednisolone
    • Saline
    • Cyclophosphamide
    • Dexamethasone
    • N-acetylcysteine
    • Vitamin C
    • Vitamin E

    However, she did not respond to any of the treatments. Her respirations continued to worsen, and she passed away from septicemia and respiratory failure.

    Prevention of Absorption

    The best way to prevent paraquat poisoning seems to be to avoid ingestion or other exposure to begin with. Following all directions, always handling the herbicide with caution, and wearing the proper protection during application should all be standard practice. In addition, only certified and licensed professionals should work with paraquat. It should be stored in a secure, safe place where others cannot access it. 

    Once someone ingests paraquat, there are a number of things the doctors can try to prevent absorption. However, there is no way to ensure they will be effective, and some patients do not respond to these efforts. 

    Gastrointestinal Evacuation

    Gastrointestinal evacuation, also known as gastric lavage, uses a nasogastric tube to administer small amounts of a liquid and then suction it out with the hopes of effectively washing the stomach and upper GI tract. This is sometimes effective in removing toxic poisons from the stomach.

    Oral Administration of Absorbent Substances

    Gastric lavage may be used on its own or in conjunction with absorbent substances, such as activated charcoal and sorbitol. Often, these substances will absorb the poison before it can be absorbed by the body and cause harm.  

    Emetics

    Because most paraquat in the United States already contains emetics, they are rarely used in the treatment of this type of poisoning. However, they may help the person by preventing their body from absorbing all of the herbicide.

    Treatment of Paraquat Poisoning

    The treatment of paraquat poisoning often relies on treating symptoms as they arise. Initially, the doctors should attempt to prevent as much of the paraquat from being absorbed by the body as possible. This is when they may use gastric lavage and activated charcoal. They will likely also administer intravenous fluids and electrolytes to prevent dehydration. At this point, there are two options: 

    Removal of Paraquat From the Bloodstream

    There is a treatment option that can help remove paraquat from the blood and possibly reduce the risk of organ failure and death. This is known as Continuous Venovenous Hemofiltration (CVVH). This is a type of dialysis that utilizes a hemoperfusion charcoal filter. 

    It is most commonly used in patients with acute renal failure who are too unstable for hemodialysis. However, it can also help doctors filter the blood of patients following paraquat exposure. 

    They place a dialysis catheter in a main vein of the body and filter the body’s blood 24 hours a day for as long as the doctor believes treatment is necessary. 

    Alternative Therapies

    While there is no strong medical evidence to support their use, many believe that prescribing immunosuppressant and antioxidant therapies can help patients with paraquat poisoning recover. This could include: 

    • Cyclophosphamide
    • Methylprednisolone
    • Dexamethasone
    • ​​Vitamin C
    • Acetylcysteine
    • Deferoxamine

    From there, the job is to monitor, identify, and address their needs as they arise. This can vary from patient to patient but often includes: 

    • Medication to help stabilize their blood pressure and heart rate
    • Continued monitoring of their hydration and electrolyte levels
    • Management of corrosive injuries in the mouth, throat, esophagus, and stomach
    • Treatment for acute renal failure, liver injury, or respiratory concerns that occur

    Those fighting to survive after consuming paraquat are usually most at risk because of damage to the pulmonary system. Most with high enough exposure rates begin to experience pulmonary fibrosis within hours or days, leading to respiratory failure. It may be impossible to maintain adequate blood oxygenation despite supplemental oxygen or even ventilation.

    Paraquat and Chronic Exposure Concerns

    While paraquat poisoning primarily relates to the acute illness that occurs when one ingests the toxic herbicide, there are other concerns that you should be aware of if you use this chemical or suffer other exposure. In addition to acute toxicity, chronic exposure can also lead to various health concerns. For example, inhaling paraquat can lead to scarring of the lungs, known as pulmonary fibrosis. Exposure can also damage other major organs, including the kidneys and liver.

    However, the most recent concern about paraquat is its potential to significantly increase the risk of developing Parkinson’s disease. Evidence to support this includes: 

    • A 2011 study in Environmental Health Perspectives showing that those with exposure to paraquat and herbicide rotenone were diagnosed with Parkinson’s disease 2.5 times more than those who were not
    • A 2009 study from The American Journal of Epidemiology that found a 75 percent increased risk of Parkinson’s disease in those exposed to paraquat and another herbicide, maneb

    It is this link to Parkinson’s disease that is behind the current ongoing litigation with paraquat manufacturers. In 2021, the Judicial Panel on Multidistrict Litigation consolidated this litigation into MDL 3004. This case is currently underway in the Southern District of Illinois. It is still possible to join if you meet the qualifications. 

    Most paraquat lawsuit attorneys are offering free consultations and managing these cases based on contingency fees. You can speak with a lawyer who is knowledgeable about these cases for free today. This will allow you to:

    • Understand if you meet the criteria
    • Learn more about these lawsuits and this process
    • Find out if there may be a link between your exposure and your condition
    • Get started building your case for compensation 

    Speak With an Attorney Familiar With the Paraquat Lawsuits

    Get a free initial consultation with a lawyer today. You can speak with a compassionate, understanding mass tort lawsuit attorney who can help you understand your rights today. If you live with Parkinson’s disease or other adverse health effects because of paraquat, you may be able to hold the manufacturers responsible. Fill out our contact form to learn more.

  • Lung cancer mass tort

    Lung cancer mass tort

    More and more people are discovering the detrimental health effects of the products and materials they encounter or use every day. Thus, mass tort cases have risen in recent times, with new product safety concerns coming to light every year—such as with cases of asbestos exposure. 

    The American Bar Association (ABA) reports that more than 25 defendants begin an asbestos-related personal injury case each month. While mesothelioma is the most commonly known of the asbestos-related diseases for which people file lawsuits, lung cancer mass tort cases related to asbestos are among them.

    Can asbestos cause lung cancer?

    Many people know that asbestos is the cause of mesothelioma, a rare cancer of the tissue lining the outside of the lungs. They might not know that asbestos is also linked to other cancers such as ovarian cancer and lung cancer. In fact, exposure to asbestos causes six times more lung cancer cases than mesothelioma cases, according to Industrial Health. 

    Lung cancer death from smoking

    Still, the actual number of lung cancer cases caused by asbestos is a smaller percentage of the overall number of lung cancer cases in America. Lung cancer is the second leading type of cancer in the United States after breast cancer, but it is the number one cause of cancer death. It is primarily caused by smoking tobacco products like cigarettes. According to the Centers for Disease Control and Prevention (CDC), smoking tobacco is responsible for 80% to 90% of lung cancer deaths. 

    Lung cancer death from asbestos

    Lung cancer deaths from asbestos are harder to pin down. One analysis from the Environmental Working Group Action Fund (EWG Action Fund) has indicated that over 10,000 people die a year from asbestos-related lung cancer, admitting that this is a conservative estimate. Others estimate the global number of asbestos-related deaths to be around 233,000 deaths per year (per the International Journal of Environmental Research and Public Health).

    As a matter of symptoms, prognosis, or treatment, asbestos-related lung cancer is indistinguishable from other types of lung cancer. This may contribute to why it is hard to gather more concrete numbers on the lung cancer deaths caused by it. However, lung cancer attributed to smoking can be traced more easily to a patient’s smoking habits, known history, and other changes detected in the lungs.

    Mesothelioma vs lung cancer

    While both diseases are caused by asbestos, they affect different parts of the lungs. Mesothelioma is a cancer of the lining outside the lungs, in the chest cavity, or abdomen. Lung cancer develops inside the lungs. When the asbestos fibers are inhaled, they become embedded in the lungs, causing scarring and inflammation, which leads to cancer.

    Another key difference is that lung cancer will often spread or metastasize to other parts of the body, while mesothelioma remains localized in a particular area of the body or lymph nodes. Both cancers can take years to develop and are highly aggressive with a low survival rate. 

    Mesothelioma is exclusively caused by asbestos exposure, while lung cancer can have multiple causes. The most common causes of lung cancer include:

    • Smoking tobacco
    • Radon exposure
    • Secondhand smoke inhalation
    • Asbestos 
    • Air pollution

    How are people exposed to asbestos?

    Asbestos is a naturally occurring mineral. In fact, it’s a blanket term for six different naturally-occurring silicate minerals. Asbestos exposure occurs when asbestos-containing materials are disturbed, releasing fibers into the air. When those particles are inhaled continuously over time, they can lead to lung cancer, mesothelioma, or other asbestos-related diseases. 

    Occupational exposure to asbestos

    Historically, asbestos exposure happens primarily through the workplace. People who work directly with the mineral are the most at risk. This is known as occupational exposure. In the past, mining and milling asbestos or materials located in close proximity to the mineral led to it being released into the air. 

    Outside of mining and milling, asbestos was once extremely popular in construction and infrastructure. Asbestos fibers are known to be strong, so the mineral was used in flooring, roofing, and insulation products. It was used to create fireproof drywall, insulate pipes, and strengthen cement. Additionally, shipbuilding and the automotive industry were industries that also widely used asbestos.  

    Laborers who worked directly with asbestos in construction jobs, mining jobs, or product manufacturing might have been exposed to it for years or decades. 

    Secondary occupational exposure 

    Manipulation of asbestos leads to particles entering the air, exposing those who worked with it directly and those who worked in the vicinity. This is known as secondary occupational exposure. For example, a painter who worked in the same building as the construction workers who were making or placing asbestos-containing drywall was also exposed to the cancer-causing material.

    Take-home exposure to asbestos

    Another exposure scenario is called para-occupational exposure or take-home exposure. When workers who were directly or secondarily exposed to asbestos traveled home, they carried the fibers with them on their clothes, skin, hair, and equipment. Family members and others they regularly come in contact with would also be exposed, inhaling the fibers. 

    Domestic exposure 

    As asbestos was a commonly used material before the 1970s, many buildings and homes were constructed with materials that contained it. Today, those structures pose a risk to those who live or work within them if they are loose, crumbling, or disturbed by normal activity or renovations. Structures and materials within the home that may contain asbestos are:

    • Steam pipes 
    • Boilers 
    • Furnace ducts
    • Resilient floor tiles and ceiling tiles 
    • Cement sheet, millboard, or paper used for insulation around stoves
    • Door gaskets in furnaces and stoves 
    • Roofing shingles and side shingles
    • Heat resistant fabrics 
    • Textured paint
    • Patching compounds used for walls and ceilings 

    The Consumer Product Safety Commission (CPSC) provides an extensive list of products found in older homes that may have asbestos. It also details the ways asbestos may be released from them and offers safety guidelines for those who have asbestos in their homes. Knowing where and how you may have been exposed to asbestos can help you if you choose to bring a lawsuit for an asbestos-related health condition. 

    Consumers buying products containing asbestos 

    Consumers who used products created or contaminated with asbestos, like Johnson & Johnson’s talc-based baby powder, could also be exposed. 

    Military exposure

    Those involved in the United States military were often exposed to asbestos. Ships were built using the cancer-causing mineral, and many other products the military relied on were manufactured with it.

    Environmental exposure

    As a result of human use, asbestos can be found dispersed throughout the environment. It has been released into the air, soil, and water, particularly around facilitates such as:

    • Mines
    • Building demolitions
    • Power plants
    • Factories handling asbestos
    • Shipyards
    • Steel mills
    • Refineries

    A natural asbestos-bearing rock can also cause asbestos exposure in the environment. Though most of this rock is underground and doesn’t pose a threat undisturbed, there are places where this rock is located close to the surface, such as California. Natural weathering and erosion, along with unintentional human disturbance, may cause it to be released in areas such as this. 

    State of asbestos exposure today 

    While occupational exposure is still the leading type of exposure to asbestos, the number of people exposed through the job has declined due to government regulation and widespread knowledge of its tragic health effects. 

    Government regulation of asbestos

    At the height of asbestos consumption in the U.S. during the 1960s and 1970s, scientists and medical practitioners began to look into the correlation between asbestos and illnesses such as cancer, particularly mesothelioma. 

    In 1971, the Occupational Safety Health Administration (OSHA) set up limits for asbestos exposure in the workplace. President Richard Nixon had just created the organization the year prior. The asbestos regulation was one of its first official acts. Soon after, the Consumer Product Safety Commission (CPSC) was established by Congress. It would begin regulating asbestos in consumer products, issuing its first asbestos product ban in 1977.

    Around the same time, the Environmental Protection Agency (EPA), created by Nixon in 1970, began regulating industrial use of asbestos. Additionally, industrial use of asbestos declined sharply since the 1970s. Many industries gave it up voluntarily. Mining of asbestos in the U.S. was banned in 2002. 

    Workplace exposure today 

    Today, 1.3 million workers in the construction industry are exposed to asbestos in the U.S., as opposed to an estimated 27 million workers exposed between 1940 and 1979. 

    Most occupational exposures that occur today are the result of repair, renovation,

    removal, or maintenance of products containing asbestos that were installed decades ago.

    Asbestos still found in certain industrial products

    Asbestos used in the United States today is imported. Some products still manufactured with the carcinogenic material include:  

    • Vehicle brake pads
    • Automobile clutches 
    • Materials for roofing
    • Corrugated sheeting
    • Imported cement pipe 
    • Vinyl tile

    What are the first signs of asbestos poisoning?

    Though the symptoms of asbestos exposure will differ depending on the asbestos-related disease, many of them do overlap. If you have asbestos lung cancer or another asbestos-related disease, it will primarily affect your lungs. Some of the common signs of asbestos poisoning include:

    • Persistent dry cough
    • Shortness of breath
    • Chest pain
    • Hoarseness
    • Fatigue 
    • Loss of appetite
    • Weight loss
    • Abdominal swelling
    • Swollen fingers

    It is important to remember that asbestos-related diseases can take decades to develop. For that reason, many of the signs and symptoms may not present themselves typically until the late stages of the illness. A regular screening at the doctor is encouraged for those with known or suspected asbestos exposure. 

    When to see a doctor?

    If you have had significant or continuous exposure to asbestos or suspect that you have, you should see a doctor right away, even if you don’t have any symptoms. If you notice any symptoms of asbestos poisoning, you should seek medical attention. Early and accurate diagnosis is essential to receiving the most appropriate medical treatment. 

    The chances of survival are increased in early-stage detection, though early detection can be rare. 

    A doctor will perform a thorough medical evaluation including:

    • Taking your exposure history 
    • Examining your medical history 
    • Routine physical exams
    • Chest radiographs
    • Pulmonary function tests 

    The treatment for asbestos-related lung cancer is the same for other types of lung cancer. Treatment depends on the type of cancer and the stage you are in. Conventional medical treatment options are listed below:

    Surgery 

    Surgery may be an option to remove the cancerous tissue if it has not metastasized extensively. 

    Chemotherapy 

    Chemotherapy medicine is given to kill cancer in the body. It may be administered through IV or prescription medication.

    Radiation therapy

    Radiation treatment involves the use of high-energy rays to kill the cancer.

    Target therapy

    Certain drugs are designed to block the growth and spread of the cancer cells. 

    Clinical trials

    Clinical trials may also be an option for lung cancer, if there are any available for your particular illness. Clinical trials test out new treatments on cancer patients to determine if they are safe and effective. 

    Complementary and alternative medicine

    Complementary and alternative medicine are more natural medicine options. They do not involve chemicals or synthesized drugs. Complementary medicine is used to supplement the standard treatment options. Some examples include:

    • Acupuncture 
    • Dietary supplements 
    • Intravenous vitamin C injections

    Alternative medicine is used to replace conventional treatments. These include:

    • Herbal remedies and preparations
    • Special teas
    • Alkaline or other special diets
    • Intravenous vitamin C or other megadose vitamins 
    • Magnet therapy

    Many complementary and alternative medicines are not scientifically tested and may not be safe to use. It is important to speak with your doctor before beginning any of these treatments.

    We can help lung cancer patients who were exposed to asbestos

    If you have lung cancer due to asbestos exposure, The Sentinel Group can help. We can assist you in finding a highly qualified mass torts lawyer who will hold the at-fault party accountable for your asbestos-related lung cancer. You may be able to join thousands of others bringing cases for justice and compensation against major companies. 

    Fill out our contact form today to get help with your case or to learn how you can hold the liable party responsible.

  • Financial Compensation for Zantac Cancer Lawsuits

    Financial Compensation for Zantac Cancer Lawsuits

    Were you or a loved one diagnosed with cancer after taking Zantac or another ranitidine product? You may be eligible to file a lawsuit against Sanofi, Novartis, or another drug manufacturer. You can use this money to pay for cancer treatment and make up for any income you lost, among other things.

    Your Zantac lawsuit payout will depend on the specifics of your case. This includes how serious your illness is, how much money you lost because of it, and how much evidence you can find linking the drug to your illness. Our legal team can help you to take timely legal action after a cancer diagnosis.

    What Are the Zantac Lawsuits About?

    Zantac and its generic form (ranitidine) are both popular heartburn medications. However, according to the U.S. Food and Drug Administration (FDA), ranitidine may contain harmful levels of N-nitrosodimethylamine (NDMA). According to the FDA’s press release, this substance is a “probable human carcinogen,” and NDMA contamination may increase users’ risks for certain types of cancer.

    Even if a ranitidine product is safe to take on the day you buy it, its NDMA levels may increase over time, especially if stored in improper conditions. These factors led to the FDA’s 2020 recall order.

    The Zantac lawsuits allege that the makers of Zantac and other similar drugs knew or should have known about the dangers of NDMA years ago. Despite this knowledge, the companies prioritized profits over safety and did not warn users about the cancer risks associated with their products.

    Why Are Zantac Lawsuits Being Filed?

    Drug manufacturers have a responsibility to their customers to:

    • Rigorously test and check their products for dangerous substances and other possible hazards
    • Promptly and publicly acknowledge possible risks
    • Promptly recall products that could be harmful to customers
    • Ensure all products come with warning labels that include all potential risk factors, contraindications, and so forth

    Former Zantac users allege that Sanofi, the company that makes Zantac, endangered their lives and increased their risk of developing cancer by failing to fulfill one or more of the above responsibilities. The makers of generic ranitidine products, including Novartis, face similar allegations. This is why Zantac lawsuits are being filed.

    Who Can File a Zantac Lawsuit?

    Anyone harmed by Zantac or a similar product may file a Zantac lawsuit and seek compensation from the drug manufacturer or other liable party. As of October 7, 2021, there were 800 lawsuits and over 110,000 claims pending against companies that manufactured ranitidine products.

    An individual may qualify to join or file such a lawsuit if they:

    • Were prescribed Zantac or used an over-the-counter Zantac-like product that contained ranitidine
    • Were diagnosed with cancer after using Zantac or a similar product
    • Can collect enough evidence (e.g., medical records, expert testimony) to show a probable link between cancer and their use of the contaminated drug
    • Took Zantac over a long enough period—per Harvard Health Publishing, (ranitidine is intended for short-term use—using it for extended periods of time may come with increased health risks)

    If you are unsure whether you meet the above criteria, our team can help you figure that out before taking legal action. A dangerous drugs attorney from our network can then help you decide which of the following options may be best for you.

    Join an MDL

    Multidistrict litigation (MDL) allows plaintiffs injured by the same entity to fight together while keeping their lawsuits separate. As a Zantac MDL being handled by the United States District Court shows, people from across the United States are combining their cases to fight against large drug manufacturers more efficiently.

    Join a class action suit

    A class action is best suited to those cases where the plaintiffs suffered identical or very similar injuries. This process allows multiple plaintiffs to combine their suits into one, saving them time and money and making it easier to confront a well-funded, well-represented drug manufacturer.

    File individually

    If a plaintiff does not qualify to join an existing MDL or class action lawsuit—for example, if their injury is very different or they used a different product made by the same manufacturer—they may choose to file their own lawsuit. 

    An individual lawsuit may eventually become an MDL or a class action, if others with similar grievances decide to take legal action.

    When will the Zantac lawsuit be settled? What is the payout?

    Many Zantac cancer lawsuits are still pending, so it is impossible to determine how long such cases typically take to settle. A lawsuit’s length depends on:

    • The strength of your case: If the evidence against the drug manufacturers is strong enough, they could try to settle quickly. If they believe they have a chance of winning at trial, they might not offer a timely settlement, and the case could spend years in the courts. 
    • Who you are suing: One manufacturer may decide to settle, while another may keep fighting.
    • If the manufacturer appeals: Even if a court rules against a manufacturer, they may decide to appeal the decision to a higher court. This would lengthen the lawsuit.

    How much could you recover from such a lawsuit? At this moment, it is impossible to determine what the average payout will be or how Zantac lawsuits will be settled. You could, however, receive money in one of two ways. The two primary types of settlement are outlined below.

    Global (matrix) settlements

    A global, or matrix, settlement occurs when the defendant agrees to pay all plaintiffs, thus ending the case. What percentage of this amount you receive depends on how serious your illness and losses are compared with others who are part of the same legal action.

    Inventory settlements

    In an inventory settlement, rather than earmarking a lump sum to be distributed among all plaintiffs, the defendant works with each plaintiff or law firm to figure out what an acceptable settlement may look like. Again, your payout will depend on how seriously you were affected by the drug and resulting illness.

    Potential Zantac Lawsuit Payout: What Can Victims Expect?

    Zantac and ranitidine victims could recover damages for economic and non-economic losses related to their use of the drug. Plaintiffs can expect a mass tort lawsuit lawyer from our network to:

    • Help them figure out an appropriate settlement and the best way to get it
    • Answer any legal questions or concerns that arise in the course of the lawsuit
    • Take care of all investigative and clerical responsibilities, including collecting evidence and filing all necessary paperwork with the courts
    • Manage all communications with the defendant and their representatives
    • Fight hard for their money, either at the negotiating table or in the courtroom

    What Compensation is Recoverable in Zantac Lawsuits?

    Zantac litigation could enable you to recover compensation for some or all of the following damages.

    • Past and future medical expenses
    • Pain and suffering
    • Past and future loss of wages
    • Loss of consortium
    • Loss of employment or employment opportunities
    • Loss of independence
    • Scar tissue
    • Reduced quality of life
    • Temporary or permanent disability
    • Emotional trauma
    • Miscellaneous expenses related to cancer or cancer treatment

    In addition to all of the above, you may recover things like funeral expenses, loss of companionship, and loss of financial support if you are filing on behalf of a deceased loved one.

    A final note on compensation: some states have laws restricting the amount of money a person can recover in certain cases. You must know what your state’s legal situation looks like before asking for compensation. The attorneys in our network are familiar with the laws in the areas they practice in and can assist you with this part of the process.

    What You Can Get in on Zantac Cancer Cases

    The damages a plaintiff may be eligible for vary from case to case. For example, a person with Stage 3 cancer who requires extensive treatment and time off from work may qualify for more money than someone with Stage 1 cancer who could go back to work relatively quickly.

    The process of calculating how much money you are eligible for can get challenging due to:

    • Availability of evidence: If you have kept medical bills, receipts, pay stubs, and other materials, it may be easier to prove that you deserve damages.
    • Legal formulas: There are special formulas or calculations that lawyers can use to determine what to ask for on their client’s behalf.
    • What type of compensation you are seeking: Non-economic damages (e.g., pain and suffering) do not come with a “price tag” like a bill or a receipt. It can be difficult for a layperson to convert physical and emotional pain into monetary terms.

    If you file a wrongful death case, calculating your payout may be even more complicated, depending on whether the deceased filed suit and recovered damages on their own before they passed. If your loved one received compensation for certain items, you probably could not sue for those same items.

    The mass tort lawyers in our network can determine the right payout for each client.

    What Is the Statute of Limitations Deadline for Zantac Claims?

    The statute of limitations varies based on:

    • Where you live: Depending on where you live, you could have as little as a few years to file the lawsuit.
    • Why you are suing: The statute of limitations may differ depending on whether you are filing on your own behalf (a personal injury suit) or on behalf of a deceased loved one (a wrongful death suit).
    • Who you are suing: If you choose to sue only the drug manufacturer, you may have a different deadline than if you sue your doctor or a combination of parties. Some states make a distinction between different categories of defendants; others do not.
    • When you discover the illness: This is especially important in medical malpractice and dangerous drug cases because a person may not realize they are sick right away. In such cases, the statute of limitations does not start “counting down” when you were actually injured, but rather once you receive a diagnosis from a medical professional.

    The statute of limitations is one reason why you should act quickly after a ranitidine-related cancer diagnosis. Other reasons include:

    • The availability of evidence, which may be destroyed or become less valuable as time goes by
    • The availability of MDLs or class action lawsuits, which may start to be settled or decided before you can join them if you spend too much time considering your options
    • Your need for compensation

    You may be able to recover damages more quickly if you start your lawsuit sooner 

    Should You File a Zantac Lawsuit?

    Our team can help you figure out if you are eligible to file a lawsuit against Zantac’s manufacturer. We do this by:

    • Listening to your story: Everyone who calls is entitled to a free case review. A member of our team will listen to your story at no cost or obligation to you. 
    • Evaluating your case: You can find out over the phone within minutes if you may be eligible to join a mass tort or multidistrict litigation.
    • Finding the right Zantac lawyers: Our network of attorneys has helped people throughout the United States recover compensation after exposure to dangerous drugs. We can connect you with one of our lawyers who works in your area.

    If you qualify to file a lawsuit against Sanofi or another party, doing so can benefit you and your entire family in several ways, including:

    • Ensuring that justice is done: The drug manufacturer failed in their duty to care for customers, including you. They should not be allowed to get away with negligent behavior. Filing a lawsuit is one way of holding them accountable.
    • Helping you support your family: The compensation you receive from a Zantac lawsuit payout can enable you to pay bills and other necessities and maintain your standard of living despite your illness.
    • Giving you peace of mind: With proper compensation, you can focus on your treatment rather than worrying about the future or feeling rushed to go back to work before you are ready.

    Contact us for help on your Zantac cancer lawsuit

    Filing a Zantac lawsuit can be a lengthy and challenging process. The Sentinel Group wants to help you recover a fair Zantac lawsuit payout by pairing you with the right personal injury lawyer from our organization. 

    Call today for a free consultation. We would be happy to educate you about your rights and the legal options available to you after suffering due to NDMA exposure.

  • Institutional sex abuse lawsuits

    Institutional sex abuse lawsuits

    When an employee, volunteer, or another representative of an institution commits sexual abuse, the organization may also be legally responsible. This liability could result in holding the institution accountable in civil court for the physical, emotional, and financial losses experienced by victims and their families. 

    Most law firms that represent victims in institutional sex abuse lawsuits provide free consultations. These are confidential, no-obligation, free meetings where victims and their families can safely and openly discuss their experience and learn about their legal rights. As a result, it may be possible to hold the institution accountable for what you or a loved one endured. 

    Can the victim of a sexual assault file a civil lawsuit?

    Victims of sexual assault can often file a claim against the perpetrator and hold them legally liable in civil court. However, you might be unable to recover compensation from an individual. Most people do not have significant assets to cover a payout, especially if there are multiple victims. 

    In addition, insurance often is unavailable to pay for a policyholder engaging in illegal or unethical behavior. Most people recover compensation in other types of civil lawsuits through insurance coverage, including car accident cases, dog bites, slip and falls, and medical malpractice. 

    This is one reason why it often makes more sense to pursue a case against the institution that allowed the abuse to occur—and in some cases, even covered for the abuser. These institutions generally have assets and hold insurance policies if their employees act inappropriately. Finally, a verdict against a liable organization is much more likely to teach others a lesson when they see victims get justice from the organization and not just the individual.

    Types of institutional sex abuse lawsuits

    Many perpetrators use their positions of power within well-known institutions to attract and abuse victims, including children, teens, and adults. Their institution often grants them some type of authority or position of respect, allowing them to convince their victims they mean well or can act in an inappropriate, abusive, and illegal manner. 

    They may be youth leaders, clergy members, physicians, officials, or professors. On the other hand, their victims may be students, patients, nursing home residents, inmates, congregation members, mentees, or athletes on teams they coach. The acts of abuse can range from inappropriate comments and content sharing to indecent exposure, assault, and rape. 

    Here are some examples of institutional sexual assault and abuse. 

    Catholic Church sexual abuse lawsuit

    The number of alleged abuse cases against clergy and other representatives of the Catholic Church runs in the thousands. According to Newsweek, the Church paid almost $4 billion in claims between the 1980s and 2018 from over 8,600 victims who came forward with their claims. There are likely many more victims who have not yet reported the abuse they endured. 

    There is also shocking and convincing evidence in many of these cases that the Catholic Church went out of its way to cover up for many of the accused clergy members by relocating them or taking steps to eliminate evidence that could have supported a civil or criminal case. As a result, it is little surprise that some of these perpetrators likely abused again. 

    Boy Scouts of America sex abuse cases

    The Boy Scouts of America is a well-respected organization that has served millions of youths. However, according to PBS NewsHour, the institution also maintained a “blacklist” that included thousands of volunteers, staff, parents, and others accused of using their position within the organization to victimize children and teens. This confidential list, known as “the perversion files,” existed for about 90 years before it became known to the public. 

    TIME magazine wrote about an expert the Boy Scouts of America hired to analyze the list and other related reports that identified more than 10,000 victims. She testified that boys between 1944 and 2016 filed 12,254 sexual abuse allegations. These incidents involved at least 7,800 different adults involved with the organization. 

    The Boy Scouts of America filed for Chapter 11 bankruptcy in February 2020. As a part of this process, their insurer agreed in December 2021 to add $800 million to a fund for survivors, boosting its balance to over $2.6 billion. With more than 82,000 sexual abuse claimants, The Associated Press (AP) reported that this could be the largest sexual abuse settlement in history.

    Military sex abuse lawsuit

    Since 2013, federal laws and military directives have demanded thorough investigations into potential cases of military sexual assault and domestic violence and adequate care and support for survivors. However, a CBS News report from November 2021 found the military had failed on both counts.

    In 2012, eight current and former service members sued the military, alleging they were raped, assaulted, and sexually harassed while in the service and faced retaliation because they reported the illegal acts. Their lawsuit led to changes in federal law and an increase in reports. 

    Universities, colleges, and schools

    Schools, colleges, and universities must provide a safe atmosphere staffed with trusted adults. They are liable for the injuries incurred when they fail to do so, usually through negligent hiring, supervision, or retention practices. Some even cover up accusations of sexual misconduct or fail to act upon credible allegations. 

    Several universities have faced serious accusations, claims, and suits over the last decade for professors, doctors, and others’ alleged abuse:

    • University of Southern California (USC): The accusations against USC health center staff gynecologist Dr. George Tyndall began in the mid-1980s, yet he remained on staff and actively treated students for 20 years. In 2020, survivors reached a settlement with USC and the Board of Trustees, which had not only kept Tyndall on staff but may have covered up many reports of abuse and assault.
    • University of California, Los Angeles: According to a USA Today report, the school reached a $73 million settlement with seven women representing thousands of students who’d accused gynecologist Dr. James Heaps of sexual abuse, assault, and misconduct during exams and procedures. Heaps worked at the student health center on UCLA’s campus from 1983 to 2010 and had staff privileges at the medical center from 1988 until 2018. In May 2021, CBS Los Angeles reported on his indictment on 21 sexual abuse counts. 
    • University of Michigan: Dr. Robert Anderson, a late athletic trainer and doctor at the University of Michigan, may have sexually abused and assaulted several hundred students and athletes. At the same time, school administrators turned a blind eye. According to CNN, an investigation into the allegations began in 2020. These accusations resemble those against Michigan State University (Larry Nassar) and Ohio State University (Richard Strauss). 

    Rideshare sex abuse lawsuit

    Uber, Lyft, and other rideshare companies provide an easy and inexpensive way to get around, but many riders also feel it allows abusers to identify and exploit their victims. They claim these services need to do more thorough background checks and take quick action when there is an accusation against one of their drivers to get them off the app. 

    Unfortunately, these assaults are not rare. According to Uber, there were almost 6,000 allegations of sexual assault—unwanted sexual touching, unwanted kissing, and rape—in the U.S. during 2017 and 2018. Lyft reported 1,096 sexual assault incidents in 2017, 1,255 in 2018, and 1,807 in 2019. This report included 156 allegations of rape in 2019 alone.

    Both Uber and Lyft have faced lawsuits for their hiring practices by survivors of sexual assault in a rideshare. The claims in these lawsuits include assault, false imprisonment, and negligent infliction of emotional distress, with the survivors requesting compensation for: 

    • Medical care for physical and emotional injuries
    • Pain and suffering
    • Mental anguish and emotional distress
    • Punitive damages

    Summer camps sex abuse lawsuit

    Sleepaway camps offer children and teenagers an opportunity to try new things, learn new skills, and gain independence while away from their parents and everyday worries. However, they also provide an opportunity for abusers to take advantage of vulnerable campers because they are away from their parents, often for the first time.

    Over the last decade or so, reports of sexual abuse and assault from summer camps have become relatively commonplace. The allegations come from day camps, sleepaway camps, church camps, and those run by well-respected community organizations. The allegations include:

    • Rape
    • Forced penetration
    • Inappropriate sexual touching
    • Other types of sexual abuse

    When a summer camp fails to protect campers, and they suffer abuse, victimization, or physical or emotional injuries, the administration may incur liability based on: 

    • Negligent hiring
    • Negligent retention
    • Deficient oversight
    • Other irresponsible and inappropriate actions

    For example, an investigation by ABC13 Eyewitness News in Houston uncovered 12 cases of alleged abuse at nearby summer camps in one five-year period. This discovery came on the heels of a criminal and civil case against a counselor and the owner of Camp La Junta. At least one camper reported enduring “shower checks” and fondling from the counselor.

    Daycare and aftercare sex abuse lawsuit

    Parents trust their child’s daycare and aftercare providers to ensure their children’s safety while supervised by caring, trustworthy staff. However, these facilities often draw the attention of those hoping to groom a child for abuse or gain access to children. Unfortunately, many of these children are either too young to report the sex abuse, too naive to understand it is wrong, or too scared to report someone they trust and respect. 

    Abuse in childcare facilities made the news frequently in the early 1980s. Today’s lack of high-profile cases does not mean abuse occurs any less often. Allegations still happen frequently, and many of these lead to arrests, criminal convictions, and civil settlements. They just do not make the national news. Some recent accusations and arrests include: 

    • A 62-year-old daycare worker was arrested on suspicion of multiple counts of sexual abuse, as reported by Fox 2 in San Jose, California
    • A preschool employee accused of sexual battery against at least two young children, according to WCJB in Gainesville, Florida
    • A daycare worker arrested for taking inappropriate photographs of children in her care faces multiple counts of possession of child pornography and sex abuse of a minor, according to WMDT in Salisbury, Maryland
    • A Berks County court found a former daycare worker guilty of sexually assaulting three young victims, according to reports in the Reading (Pa.) Eagle

    Victims can hold a childcare facility’s owner, operator, or administrator liable when they fail to provide a safe environment that ensures the well-being of all children in their care due to:

    • Negligent hiring and retention practices
    • A failure to act when they first learned of the abuse
    • A failure to report the abuser to authorities

    If you believe your child suffered sexual abuse or assault at a daycare, aftercare, or another childcare facility, contact law enforcement to report your concerns and consider taking civil action against the owners, as well. Taking these steps could potentially protect other children. 

    Youth sports organization sex abuse lawsuit

    Young athletes often develop strong bonds with their coaches. In addition, parents generally trust these coaches to provide guidance, oversight, and even childcare. Children may go to games, camps, or retreats with their coaches. In some sports, travel teams often stay in hotels or dorms with coaches and assistant coaches as the only adults around. The culture and structure of these sports organizations provide a perfect place for abusers. 

    As children abused by these trusted coaches reach adulthood and feel they can speak about what occurred, more and more examples come to light. These cases have made very high-profile news, and it is not only the coaches who are being held responsible. It is also the sports organization that failed to protect young athletes. 

    USA Gymnastics 

    In 2018, Larry Nassar, a former doctor with the USA Gymnastics Team, was convicted of sexual assault and sentenced to 40 to 175 years in federal prison. According to USA Today, 156 women and girls spoke out about his abuse against them in Ingham County (Mich.) Circuit Court. In a separate case, an Eaton County court sentenced him to 40 to 125 years in prison. 

    USA Swimming

    Numerous women have accused coaches of perpetrating underage sexual relationships with them, raping them, and committing other sexual assaults during the 1980s and 1990s. According to USA Today, six women filed lawsuits against the organization, claiming that this abuse was a well-known secret that USA Swimming did nothing to address. Instead, it ignored the behavior of these men, allowing the abuse to continue for decades. 

    USA Taekwondo

    In Brown v. USA Taekwondo, three women claimed that USA Taekwondo coach Marc Gitelman raped them on car trips and hotel stays during taekwondo competitions. They say the organization did nothing to protect them, despite having the opportunity to do so.

    U.S. Youth Soccer

    The San Jose Mercury News reported on a 2018 settlement made by the U.S. Youth Soccer Association and its Northern California affiliate with a former player who alleged they failed to screen her former coach, who was convicted of sexually abusing her.

    Youth sports are a vital part of many people’s childhoods. Most participants build positive relationships and gain new skills. However, these organizations must be held accountable for protecting every child participating in their programs. They must properly screen, train, and supervise all staff and volunteers and put protections in place to prevent abuse. Their failure to do so is negligence, and victims should hold them responsible. 

    Filing a civil lawsuit for child sexual abuse

    It may be possible to develop a compelling civil case based on sexual abuse, whether it occurred several decades ago or much more recently. You could hold the abuser and the organization that protected them legally accountable for the abuse you endured and the damages you suffered. In addition, you could recover compensation, gain peace of mind, and help protect others from a similar experience.

    Coming forward may seem like a scary step, and you may not feel confident. However, most institutional sex abuse attorneys provide free, confidential consultations to survivors of rape, assault, or abuse. They also manage these cases based on contingency, meaning you will not pay a retainer or other upfront fees.

    If you decide to move forward with a case, your legal team will protect your rights and investigate the claims against the alleged abuser and organization. They will also seek to identify others who experienced the same abuse you did. If your child suffered sexual abuse and assault, it is possible to ensure confidentiality and keep their identity hidden throughout this process. 

    Qualifications for a sexual abuse and assault lawsuit

    If you or your child is a survivor of sexual abuse or assault, you may have a case against the individual and the organization that failed to prevent it from happening. However, there are time limits on these cases, so speaking with a lawyer who has handled institutional sex abuse cases could be the best way to learn if you qualify to take legal action. 

    In many of the most prominent recent cases, the sexual abusers have faced criminal charges. At the same time, the survivors filed civil suits against the individual and their employer or another responsible organization. Even if time has run out to bring criminal charges in your case, you may still qualify to take civil action against the abuser or the institution that protected them.

    Damages in sexual abuse lawsuits

    Most sexual abuse survivors do not file lawsuits to recover compensation. Instead, they do it to get justice. However, the best way to hold the negligent organization accountable is by making them pay for failing to protect those who trusted them to do so.

    It also makes sense to seek damages because you incurred expenses, financial losses, and noneconomic losses due to the abuse you survived. Your lawsuit attorney will help you identify the financial, physical, and emotional harm you suffered and seek a fair payout based on it. Your damages could include: 

    • The cost of medical care for physical injuries
    • Counseling and therapy expenses
    • Income lost because of missed work
    • Pain and suffering 
    • Mental anguish
    • Other psychological damages

    The psychological damage from childhood sex abuse

    According to the American Association for Marriage and Family Therapy, victims of childhood sexual assault and abuse often experience long-term negative outcomes unless they receive support, care, and treatment for their resulting emotional struggles. They may experience:

    • Depression
    • Guilt and shame
    • Reduced self-esteem
    • Eating disorders
    • Drug and alcohol addiction
    • Sexual dysfunction

    These are all intangible damages survivors may experience for which they could receive compensation.

    Victims often require counseling, including play therapy for young children. In addition, talk therapy and trauma-informed cognitive behavioral therapy are typical in teens and adults. These costs can add up and should also be recoverable in a civil claim.

    Verdicts and settlements

    Civil claims against abusers and institutions recover compensatory damages for survivors, but victims could also receive punitive damages. These damages penalize the defendant for their negligent behavior, hopefully teaching other similar organizations a lesson about protecting abusers. 

    The payouts in these cases can be significant. Some recent examples include:  

    • According to NBC News, the Archdiocese of Los Angeles paid $660 million to settle 508 claims of clergy abuse in 2007, paying each claimant around $1.3 million.
    • The U.S. Conference of Catholic Bishops reported that the Church paid out over $281.6 million from July 2018 to June 2019 to settle with alleged victims of clergy sex abuse.
    • According to CNN, the Boy Scouts of America reached a settlement that would use a $2.7 billion trust to fund compensation to claimants.
    • Michigan State University settled out of court with those abused by Larry Nassar during his time as the head athletic doctor at the school. They agreed to a $500 million settlement, according to the Associated Press (AP).
    • Nassar also served as the team doctor for USA Gymnastics. A court recently approved a $380 million payout from this organization and the U.S. Olympic and Paralympic Committee, according to CNN.

    Resources for sexual abuse survivors

    If you recently experienced sexual abuse or are helping your child recover, you might benefit from looking for local advocacy centers. Meeting with other survivors and finding local resources can help immensely. If you are in touch with local police, they might offer an advocate within their department or information on resources near you. 

    Working with a therapist who understands trauma and has specialized knowledge or experience in this area may also help. You can search for the right match for you or your child using the American Psychological Association’s Psychologist Locator. 

    Discussing your case with a sexual abuse lawsuit attorney may also help you take control of your future. You could build a claim against the individual who abused you and the institution that let it happen. For many, there is no greater impetus to healing than getting justice in court. 

    Survivors of child sexual abuse

    As a parent, after learning your child endured sexual abuse or assault, it can be challenging to know where to turn. In addition to your child’s doctor, mental health professionals, and local advocates, you could find resources and support online:

    Adult survivors of sexual abuse

    Whether you experienced sexual abuse as a young child, teen, or adult, you might find it challenging to locate a support network. It can also be uncomfortable to discuss what you endured, even years later. However, coming forward can play a vital role in healing. Some resources available for adults include: 

    • Adult Survivors of Child Abuse (ASCA) is an online community that includes confidential forums, eMeetings, and other opportunities to discuss almost any topic with other adult survivors privately
    • RAINN has a national hotline for survivors (1-800-656-HOPE) who need support, confidential online crisis counseling, and many other resources
    • 1in6.org is an organization that provides resources and support for men who endured sexual abuse or assault in childhood
    • Male Survivor is another advocacy organization just for men and boys who need support, counseling, and other resources

    Contact a Sexual Abuse Lawsuit Lawyer

    If you or your child endured sexual abuse or assault, and an institution tasked with protecting you failed to do so, a compassionate and knowledgeable sexual abuse lawsuit attorney might be able to help. You can connect with a lawyer about your legal options for justice and compensation for free today. Consultations are always confidential. 

    Fill out our contact form today for help with your case or to learn more about how you can bring the organization that harbored your abuser to account.

  • What is the average settlement for talcum powder lawsuits?

    What is the average settlement for talcum powder lawsuits?

    Because each product liability lawsuit varies by the plaintiff’s specific damages and lifestyle factors, there is no average settlement for talcum powder lawsuits. Additionally, the United States Judicial Panel on Multidistrict Litigation recorded 18,283 active cases in MDL-2738, multidistrict litigation (MDL) against Johnson & Johnson, through July 2020. More people continue to join the MDL or file individual lawsuits that have not settled yet. 

    If you or a loved one developed cancer or another illness due to using talcum powder products made by Johnson & Johnson or another producer, you might qualify to demand compensation from the manufacturer. You can work with a product liability lawyer to prepare your case for litigation or join a mass tort to pursue compensation.

    Potential talcum powder lawsuit settlement amounts: What can plaintiffs expect?

    As mentioned, there is not an average settlement for talcum powder lawsuits because each case is unique to the plaintiff’s situation. Before you file a talcum powder lawsuit, your lawyer will generally send a demand letter that details how much compensation you intend to pursue from a liable party based on the economic (financial) and noneconomic (nonfinancial) damages you experienced as a result of your injury or illness. 

    This demand letter will also detail how the liable party’s negligence contributed to your damages and, therefore, why you are entitled to compensation from them. Your lawyer can review your case to determine which compensatory damages you may claim, then estimate a monetary value for them using tangible evidence or specific formulas. 

    If you developed mesothelioma, ovarian cancer, or another type of cancer after using talc-based products, you might qualify to recover the medical expenses you have already paid and might expect to pay in the future. You could demand compensation for these healthcare costs:

    • Diagnostic tests, such as bloodwork or biopsies
    • Imaging exams, such as X-rays, ultrasounds, MRIs, or CT scans
    • Surgeries
    • Hospitalization
    • Inpatient or outpatient care
    • Emergency room treatment
    • Doctor’s appointments
    • Chemotherapy and radiation treatment
    • Physical and mental therapy sessions
    • Medical support equipment, such as wheelchairs or oxygen tanks
    • Prescription medications

    Depending on how far you travel to receive medical care for your illness, you may also qualify to recover mileage costs. Alternatively, suppose you couldn’t drive because of your condition and needed to pay for travel services, such as a rideshare or shuttle service. In that case, you could also demand compensation for these expenses.

    Your mass tort lawsuit attorney may also factor in future medical expenses you might incur based on the severity of your illness and whether you require long-term treatment. They may consult your medical care providers to estimate these costs.

    Loss of income

    If you lost income as a result of your injury or illness, you could claim compensation to recover your average weekly earnings. For example, this claim might apply if you had to take extensive time off to attend medical appointments. Alternatively, if you had to take a leave of absence or quit your job because you were too sick to fulfill your work duties, you might also qualify for this type of damage. 

    Other damages related to income loss include:

    • Reduced earning potential: Some victims may still be able to work, but their injury or illness prevents them from fulfilling regular work tasks. As such, their employer might move them to a lower-paying position, or the individual must leave their profession for another field. If either applies to you, you could demand compensation for the difference in salary you now earn.
    • Loss of benefits: Many Americans have health insurance tied to their employer. If your illness led to losing your job, this could have had a secondary effect of losing your benefits, forcing you to pay for medical expenses out of your pocket. You may pursue compensation for the health insurance coverage you lost.
    • Future income loss: If your injury or illness causes physical or mental damage that leaves you unable to work, you could factor in how much future income you expect to lose. Your lawyer may use your previous salary information and consult an economist to reach these values.

    Pain and suffering

    “Pain and suffering” refers to a victim’s physical, mental, and emotional damages. These damages do not traditionally have a financial value since they are subjective. However, law firms can use specific formulas to measure a plaintiff’s pain and suffering. Your lawyer can explain their methods to calculate your pain and suffering in a future consultation.

    Some examples of damages that fall under “pain and suffering” include:

    • Physical pain, such as chronic pain, chronic inflammation, and muscle soreness
    • Emotional distress, including depression, anxiety, and insomnia
    • Psychological trauma, including post-traumatic stress disorder (PTSD), commonly found in cancer survivors who fear a recurrence 
    • Permanent disability, such as organ damage
    • Diminished quality of life

    You may claim other damages not listed in this section, as pain and suffering depends on how a plaintiff’s injury or illness personally affected their lives. Your legal team should give you the freedom to express your grievances so they can measure the impact your injury had on you.

    Other types of damages

    Other types of damages may relate to how becoming sick with cancer has affected your relationships with partners, children, and friends. For example, your illness might strain your marriage if it requires your spouse to become a part- or full-time caregiver for you. In some cases, that kind of strain can lead to a divorce. 

    Families who lost a loved one to cancer caused by talc-based products may file a wrongful death action to pursue compensation for:

    • Costs to arrange the decedent’s funeral
    • Costs to bury or cremate the decedent
    • Loss of consortium
    • Loss of financial support or inheritance
    • Medical debts
    • Loss of companionship, guidance, love, and affection

    Talcum powder settlements

    As more people become aware of talcum powder lawsuits filed against Johnson & Johnson (J&J) and its talc supplier Imerys, more people who have been diagnosed with ovarian cancer or mesothelioma have come forward. People who have suffered severe health issues because of these talc-based products have a right to hold J&J and other defendants accountable for their negligence. 

    Below are some of the major verdicts against J&J. If you are interested in building a product liability case against J&J or another company that produced talc-based goods, you can work with a personal injury lawyer to file a talcum powder lawsuit.

    $4.7 billion verdict for 22 women (July 2018)

    In July 2018, 22 women and their families won a $4.7 billion verdict against Johnson & Johnson. The plaintiffs alleged that each developed ovarian cancer after using talc-based products manufactured by J&J for decades. NPR reported that the verdict awarded $4.14 billion in punitive damages against the pharmaceutical company and $550 million in compensatory damages.

    Two years later, a Missouri appeals court rejected J&J’s request to reverse the verdict. The Associated Press reported the court stated in part that “(w)e find there was significant reprehensibility in defendants’ conduct.” However, the appeals court reduced the verdict to $2.1 billion on procedural grounds. The U.S. Supreme Court refused to hear J&J’s final appeal in June 2021.

    J&J continues to deny allegations that it failed to warn women and other users about the dangers associated with talc powder. It also asserts that its talcum powder products are asbestos-free and safe to use. By the time the Missouri court heard the appeal in June 2020, J&J faced over 19,000 talcum powder lawsuits, many still awaiting trial and jury verdicts.

    Joanne Anderson v. Johnson & Johnson et al. – $25.7 million verdict (May 2018)

    In May 2018, Joanne Anderson received a $25.7 million verdict in a baby powder case against Johnson & Johnson and other defendants, reported NJ.com. About $21.7 million went toward Anderson’s compensatory damages, while $4 million was awarded as punitive damages against J&J for acting “with malice, oppression or fraud.” 

    Anderson alleged that she developed mesothelioma from using baby powder products manufactured by the company, which failed to warn users about potential traces of asbestos found in its talcum powder. Anderson’s case also alleged that the company “engaged in a multi-decade campaign wherein they hid testing data.” 

    Stephen Lanzo v. Johnson & Johnson – $117 million verdict (April 2018)

    In April 2018, Stephen Lanzo and his wife won their case against Johnson & Johnson and Imerys, leading to a $117 million verdict. The New Jersey jury awarded Lanzo $30 million in compensatory damages and his wife $7 million. 

    Lanzo alleged that he developed mesothelioma after decades of using Johnson & Johnson talc powder products. His case asserted that the talc powder products contained traces of asbestos, which is the leading cause of mesothelioma. However, J&J and Imerys denied these allegations. Imerys representative Gwen Myers told CNN that they believed Lanzo’s cancer stemmed from “a difference source,” like his childhood home. 

    However, according to a report from My Central Jersey, courts overturned the ruling in April 2021. The Superior Court of New Jersey Appellate Division found that “the trial court erred by failing to sever the claims” in reversing the decision.

    Lois Slemp v. Johnson & Johnson – $110 million verdict (May 2017)

    In May 2017, Lois Slemp won her case against Johnson & Johnson and Imerys, leading to a $110 million verdict, which awarded $105 million of punitive damages from J&J and $50,000 from Imerys. Other awards went toward the plaintiff’s compensatory damages ($5.4 million), reported CNBC. 

    Slemp alleged that she developed ovarian cancer after using Johnson & Johnson’s talc-based products for over 40 years. She received the ovarian cancer diagnosis in 2012, then filed her case when cancer returned and spread to her liver. The jury concluded that J&J was 99 percent at fault for Slemp’s health consequences and that Imerys held one percent of the liability. 

    The Missouri Court of Appeals later overturned the verdict because Slemp was a resident of Virginia, not Missouri.

    Deborah Giannecchini v. Johnson & Johnson – $70 million verdict (October 2016)

    In October 2016, Deborah Giannecchini won a $70 million verdict for her personal injury lawsuit against Johnson & Johnson. Giannecchini developed ovarian cancer and alleged that the talcum powder products she used led to the illness. She brought her case forward after watching a commercial that alerted people who developed ovarian cancer and mesothelioma that talcum powder products used as feminine hygiene may be an underlying cause. 

    According to NBC News, a J&J representative argued that Giannecchini did not present evidence to support these claims, and there was no need to add warning labels to their products. Giannecchini’s case served as the fourth successful verdict against the company.

    Johnson & Johnson later filed a notice of appeal. According to the Los Angeles Times, a Missouri appellate court also determined that Giannecchini should not have qualified for compensation because she was not a Missouri resident.

    Gloria Ristesund v. Johnson & Johnson – $55 million verdict (May 2016)

    In May 2016, CNBC reported on a Missouri case filed by Gloria Ristesund. The plaintiff claimed that she developed ovarian cancer after using Johnson & Johnson’s Baby Powder and Shower to Shower Powder products for decades. The diagnosis forced her to undergo a hysterectomy and other surgeries to treat cancer. The jury awarded Ristesund $55 million—$5 million compensatory and $50 million for punitive damages. 

    According to a 2018 report by Reuters, Johnson & Johnson appealed the decision, which was granted by a three-judge panel of the Missouri Court of Appeals. The panel overturned the verdict on the basis that a 2017 U.S. Supreme Court decision eliminated the Missouri trial court’s jurisdiction to hear her case.

    Talcum powder lawsuit eligibility

    You may be eligible to file a talcum powder lawsuit in your state if:

    • You developed mesothelioma or another asbestos-related cancer (e.g., lung or larynx cancer) after using specific talcum powder products produced by Johnson & Johnson or another manufacturer.
    • You developed ovarian cancer after using specific talcum powder products. 
    • You are a surviving relative or spouse of a person who passed away from cancer caused by specific talcum powder products. 

    Many law firms offer free case reviews to go over the details of your case and identify whether you have grounds to file a talc powder lawsuit in your state. 

    What products have been named in talcum powder lawsuits?

    Plaintiffs who have filed actions have alleged the following talc-based powder products contributed to their cancer diseases:

    • Johnson’s Baby Powder
    • Shower to Shower
    • Gold Bond

    This product list is not exhaustive. Other talc-based products could cause users to develop cancer. A product liability attorney can review your case.

    Consult a law firm near you about hiring a lawsuit attorney to build your case

    If you developed ovarian cancer or another illness as a result of long-term use of talcum powder products manufactured by Johnson & Johnson or another producer, you might qualify to file for compensation from the manufacturer. We can refer you to a law firm in your area that handles product liability cases. The first consultation will be free and allow you to ask questions about what to expect from working with a personal injury lawyer to pursue compensation. 

    Fill out our contact form today for help with your case or to learn more about pursuing damages from the manufacturer.

  • California Supreme Court Upholds Roundup Ruling Against Monsanto

    California Supreme Court Upholds Roundup Ruling Against Monsanto

    California Supreme Court Upholds $86.2 Million Roundup Ruling Against Monsanto 

    Jury verdict stands for couple who claim they developed cancer after spraying Roundup for decades

    Monsanto Co. lost its challenge of $86.2 million in damages awarded to a couple who used Roundup and subsequently developed cancer, the Associated Press reports. The Supreme Court of California refused to review the First District Court of Appeal in San Francisco’s August ruling in favor of Alva and Alberta Pilliod. The court’s 2-1 ruling found that the herbicide manufacturer knowingly marketed its product that potentially contained a dangerous ingredient. 

    The lawyer for the plaintiffs, who had sprayed Roundup in their yards for 30 years, has urged Monsanto to cease its “frivolous appeals” of a verdict that stemmed from “unanimous law” and “solid science,” according to AP News.

    What is Bayer’s response to the Roundup lawsuits?

    Bayer purchased Roundup manufacturer Monsanto in 2018 for $63 billion. Since then, thousands of lawsuits from plaintiffs have plagued the German multinational pharmaceutical and life sciences company, alleging that Roundup exposure caused them to develop cancer. 

    With an eye toward turning off the spigot of legal actions, Bayer announced in July 2021 its plans to cease sales of its current Roundup products for home and garden use in 2023. This move will affect only U.S. markets. The company further stated its plans to substitute another active ingredient for glyphosate in these home and garden products. The mystery ingredient is subject to approval, and Bayer will still sell its prize weedkiller for farm applications. 

    Still, the company maintains that Roundup is safe.

    Evidence of research misconduct

    It did nothing for Bayer when Elsevier’s Science Digest published findings from declassified court documents showing that Monsanto had corrupted the scientific review process, blurring the line that connects glyphosate to non-Hodgkin’s lymphoma and other illnesses. 

    According to the publication, Monsanto paid for so-called independent testimony and ghostwrote papers about glyphosate’s safety to keep regulatory bodies at bay. 

    Where the lawsuits stand today

    In 2020, Bayer announced its allocation of $10 billion for settling tens of thousands of Roundup cancer lawsuits. Around 125,000 claims have been settled to date, amounting to $9.6 billion. However, about 30,000 cases have yet to be resolved. 

    The decision to set aside these funds came on the heels of Monsanto losing three consecutive trials—losses that cost the company $2.4 billion in total damages. 

    The possible dangers of Roundup’s glyphosate

    Glyphosate is the active ingredient in widely used herbicides like Roundup. The substance has been registered as a pesticide since 1974. 

    According to the Centers for Disease Control & Prevention (CDC), glyphosate has been linked to various respiratory problems. In March 2015, the International Agency for Research on Cancer (IARC) classified the substance as “probably” carcinogenic to humans. 

    The conclusion arose from the IARC’s review of about 1,000 studies, many of which involved exposure to glyphosate through subjects’ work as farmers and other agricultural jobs. The substance has been most associated with the development of non-Hodgkin’s lymphoma.

    How you might be exposed to glyphosate

    People can suffer exposure to glyphosate in numerous ways:

    • Spraying Roundup can result in glyphosate landing on exposed skin and eyes.
    • Individuals who spray the weedkiller on plants can breathe in glyphosate.
    • The public can ingest small amounts of glyphosate in the foods it eats.
  • Bellwether trials planned for Syngenta paraquat cases

    Bellwether trials planned for Syngenta paraquat cases

    Plaintiffs who allege that paraquat weed killer caused them to suffer serious illnesses are getting closer to having their “day in court.” In an October hearing, U.S. District Judge Nancy Rosenstengel of the Southern District of Illinois asked lawyers representing more than 380 cases to start plaintiff assessments for bellwether trials slated to take place next year, according to US Right to Know.Rosenstengel tells parties to prepare for bellwether trials

    The court has not chosen the plaintiffs for the bellwether trials. Rosenstengel has ordered the preservation of internal documents and other materials that could prove relevant in the cases. These and other materials will be made available to the plaintiffs’ lawyers.

    Rosenstengel wants all parties to be prepared for a bellwether trial to commence around October 2022. The judge has also asked that attorneys for plaintiffs and defendants begin coordinating with pending paraquat lawsuits in state courts, which, to date, include courts in Washington, Pennsylvania, Illinois, and California.

    Purpose of the bellwether trials

    A standard step in the mass tort process, bellwether trials give both sides of a lawsuit the opportunity to “test drive” their legal arguments and get a preview of the potential range of damages before the bulk of cases with similar questions of fact go to trial. The outcome of bellwether trials also gives both plaintiffs and defendants information on which to base any settlement considerations.

    Typically, the judge who is managing multidistrict litigation (MDL) selects a handful of cases for bellwether trials. This is why Rosenstengel is now asking plaintiffs’ lawyers to begin assessing their clients—a process usually accomplished with questionnaires and submission of medical records and relevant documents. The court will look for cases that represent specific sub-groups of cases in the MDL.

    For example, if paraquat caused the death of multiple individuals, Rosenstengel might select one of these cases for a bellwether trial. Because paraquat has been linked with Parkinson’s disease, the judge will likely choose a case in which the plaintiff alleges to have developed Parkinson’s disease for a bellwether trial.

    A useful tool in MDL cases

    Bellwethers are of particular use in cases that have been consolidated into multidistrict litigation (MDL). When a large number of lawsuits share similar questions of fact, a party can move to have all the cases’ pretrial and discovery hearings consolidated in a federal court.

    This process serves not only to move the litigation forward more swiftly than it would in hundreds or thousands of individual lawsuits but also ensures that significant court rulings are consistent across all actions that share common questions of fact.

    The MDL will remain open to future cases. If additional lawsuits against Syngenta surface, they will be moved to the Southern District of Illinois and join the MDL as “tag-along” cases. Rosenstengel could dismiss some MDL cases. Others could settle. Those that are not dismissed or settled will ultimately return to their original state courts for trial.