The settlement in mass tort cases is not “divided” per se. Unlike in a class action, where plaintiffs must split a single settlement from the liable party, mass tort cases give each plaintiff’s attorney the freedom to seek and negotiate for their own individual settlement.
Mass Torts Versus Class Actions
Class actions and mass torts may seem similar, but they are not the same. In a class action lawsuit, you would:
Have your case combined with other similar cases into a single lawsuit
Share in whatever compensation the liable party offers and/or the jury awards you
Reduce your legal expenses while being able to share evidence with the other plaintiffs
In a mass tort, on the other hand, you would:
Have your case considered at the same time and by the same judge as other similar cases but all of your lawsuits remain separate
Have your lawyer negotiate for your own settlement that reflects how the liable party’s actions have affected you
Reduce your legal expenses while being able to share evidence with the other plaintiffs
In short, while both kinds of cases offer the benefits of saving you money while providing greater access to important evidence, class actions do not allow your case to remain strictly your own.
Why Join a Mass Tort?
If a case becomes a mass tort, that means many individuals are seeking compensation from the same liable party for the same or similar personal injuries. In most situations, this means the liable party is an organization that:
Is very large and powerful
Knows how to deal with lawsuits because they have been sued before
Has access to a legal team whose only goal is to protect them from lawsuits
Has the resources to drag out legal proceedings until the plaintiffs run out of money and give up
The odds of an individual triumphing over a large organization can be poor. This is why joining a mass tort offers a lifeline for many. The opportunity to consolidate your case with many others gives the plaintiffs more strength than they would have alone.
Which Legal Action Is Right for Me?
Whether you join a class action, a mass tort, or another type of case is up to you and your personal injury lawsuit lawyer to decide. Depending on your circumstances, one option may offer much greater benefits than the others.
What Can I Get in a Mass Tort Settlement?
The settlement is not evenly divided in mass tort cases, so you can rely on an attorney to:
Determine how much your case is worth
Identify the best way of pursuing that money
Fight hard for every dollar you deserve
In general, you can pursue compensation for the physical, emotional, and financial consequences you have suffered. Common examples of damages sought in mass tort cases include:
Pain and suffering, or the physical and mental distress associated with your injury or illness
Disability, or the ways in which your injuries prevent you from using certain parts of your body
Reduced quality of life, or the ways in which your injury keeps you from participating in certain activities or taking care of yourself and your family
Medical expenses, or the cost of treating your injury
Loss of wages, or the money you lost as you were recuperating or receiving treatment for your injuries
Loss of earning capacity, or the money you expect to lose in the future due to disabling injuries
You may also receive a mass tort settlement for wrongful death damages if you decide to sue on behalf of a deceased loved one.
How to Negotiate a Mass Tort Settlement
As previously stated, mass torts require each plaintiff’s attorney to either negotiate for a settlement on the plaintiff’s behalf or, if they are dissatisfied with the terms of the settlement agreement, continue fighting the case.
If the liable party offers a settlement, your lawyer can act quickly to:
Set up a meeting with the liable party’s representatives
Represent you at the meeting (whether you personally attend is up to you and your lawyer, but your presence is not required if you have hired a lawyer)
Show all of the evidence they have gathered to prove that you deserve a certain amount of compensation
Fight back if the liable party tries to minimize your injuries or the amount they offer to pay you
End negotiations if they are not successful and continue fighting your case in other ways
What Types of Cases Become Mass Torts?
A case may become a mass tort if:
Many people claim to have been harmed by the same liable party.
Many people suffered the same types of injuries because of the same liable party’s negligence.
A judge decides that multiple cases are similar enough (and strong enough) to consolidate into a single legal action.
Many types of cases have the potential to become a mass tort, including cases that involve:
Dangerous drugs and medical devices: Bad drugs get into consumers’ hands far more often than they should. These faulty drugs and devices can cause serious illnesses and even cause physical injuries.
Product liability: Any product can cause harm if it is not built, designed, or marketed properly. This includes earplugs, firefighting foam, toys, car parts, and so on.
Environmental contamination: One prominent example is the Camp Lejeune case, in which plaintiffs allege the government knowingly exposed Marines and their families to toxic drinking water. The Camp Lejeune Justice Act of 2022 gives these Marines a chance to recover compensation.
Premises liability: If many people are injured at the same place—say, if the roof of a public venue collapses—those people may band together to sue the property owner for not taking adequate measures to protect them.
Seeking a Settlement Through a Mass Tort
Mass tort cases offer individual plaintiffs a unique opportunity for pursuing compensation against a larger, more powerful defendant. Fill out our contact form today so we can connect you with a mass torts attorney in our network who handles such cases. They can tell you more about how settlements are divided, how you can recover compensation, and more.
There are many harmful substances found in the water supply across the U.S. These contaminants include lead, biological compounds and bacteria, as well as toxic chemicals. Water contamination refers to any foreign bodies that exist in water other than water molecules. While some contaminants are harmless, there are, unfortunately, many harmful substances in the water we drink and use every day. Some can cause serious illnesses, long-term health complications, or death.
Government agencies, like the Environmental Protection Agency (EPA), investigate the parties that cause or contribute to water contamination, like corporations, polluting industries, and government institutions. If you or your loved one suffered an illness from water contamination, you have legal options.
Types of Harmful Contaminants in Water
There are four main water contaminants found in our water supplies. In each category, you will find both harmful substances and those that don’t have an impact on the environment or people’s health. According to the EPA, the four types of water contaminants are:
Physical Water Contaminants
These contaminants affect how the water looks or feels. Physical water contaminants include sediment, soil, and organic material, like leaves and seaweed. You can find physical contaminants in freshwater sources we may use, such as lakes and rivers.
Typically, physical water contaminants are filtered out of the water. But consuming water with these contaminants can cause acute illnesses in some cases.
Chemical Water Contaminants
Chemical water contaminants aren’t always easy to spot, and many are undetectable until the water is tested. Some chemical contaminants are natural elements, while others are unnatural substances, like runoff, industrial solvents, or pollution.
Biological Water Contaminants
Biological water contaminants, also known as microbes, are what we consider to be “germs.” Some examples include bacteria, viruses, and parasites. In many cases, these appear naturally in water sources due to environmental changes or events. But some can appear when biological pollution or waste is not properly disposed of.
Radiological Water Contaminants
Radiological water contamination comes from radiological material and waste that pollute the water. Accidents or poor waste management at radioactive energy sites can be a source of radiological water contamination.
Most Harmful Contaminants Found in Water
There are many naturally occurring or other foreign substances in our water supplies that don’t have any effect on our health or the environment. Yet, there are also plenty of toxic water contaminants.
Some of the most common harmful substances found in water include:
Lead
Copper
Fluoride (which can be harmful in large quantities and over long periods)
Chlorine
Arsenic
Nitrate
Mercury
Radioactive substances, like uranium, radium, and radon
Bacteria, viruses, and other microbes
The most dangerous types of water contaminants are known as “emerging contaminants.” This term refers to water contaminants that threaten human health, but researchers don’t understand the full extent of the potential damage. That makes it harder for policymakers to regulate the substances that produce these contaminants and protect our communities.
Emerging Contaminants Endanger People, the Environment, and More
Here are some emerging contaminants that cause serious health effects and what we know about them:
Per-and Polyfluoroalkyl Substances (PFAS)
Also known as “forever chemicals,” PFAS refer to incredibly toxic chemical substances and compounds that take a long time to break down. Since it takes so long for these compounds to break down, they can continue to contaminate water supplies indefinitely.
Some examples can be found in industrial products, like firefighter foam. They can also be found in commercial and consumer products.
Pharmaceuticals
Pharmaceuticals generally enter the water supply through human waste as the body does not absorb every compound or substance. Another way pharmaceuticals can end up in our water is if people incorrectly dispose of leftover medications, such as by flushing them down the toilet.
The chemical compounds in pharmaceuticals can contaminate water, even after it’s been processed and filtered. This contamination can spread to other bodies of water and affect other sizeable populations. Researchers do not fully know the extent to which pharmaceuticals in the water supply could have adverse effects.
Endocrine Disrupting Compounds (EDCs)
EDCs are chemical compounds and substances that can affect the endocrine systems in the body, also known as the hormone systems. Like pharmaceuticals, EDCs can enter the water supply in many different ways, from human waste to manufacturing pollution to natural occurrences.
Water contaminated with EDCs is becoming increasingly common across the U.S. If someone is exposed to EDCs over an extended period, there could be long-term damage to the hormonal system and many other physiological systems.
Personal Care Products (PCPs)
Personal care products include the materials, chemicals, and physical compounds found in soaps, scrubs, lotions, and fragrances. These can enter the water supply while we take a shower, wash our hands, brush our teeth, wash dishes, do laundry, and more.
How Harmful Is Water Contamination?
Water contaminants can affect the body in many different ways. As previously mentioned, some contaminants have little to no effect on human health. Others can quickly show their effects through acute illnesses. For example, some bacteria and viruses in water can cause diarrhea, cholera, dysentery, and other acute and/or treatable illnesses.
Some of the most toxic and harmful water contaminants, however, have long-term effects, like chronic illnesses, disabilities, developmental issues, and hard-to-cure or incurable diseases, like cancer.
Water contamination is also bad for the environment. Not only do wild plants, animals, and habitats suffer in some cases, our communities suffer, too. Homeowners may experience property damage to their land, animals, and the features of their home, depending on the type of contamination. The farms that grow our food can suffer damage, yielding produce that’s inherently unsafe for consumption.
Water Contamination Cases in the U.S.
For many years, people have fought against corporations, government entities, and other institutions that have caused or contributed to water contamination in the U.S. There have been numerous mass torts and class action lawsuits against these parties for their negligence or intentional disregard for our communities. A mass torts attorney handles cases related to water contamination.
Here are some of the most notable water contamination cases we’ve seen in the past few years in the U.S. and their outcomes:
Camp Lejeune
Between 1953 and 1987, anyone who lived or worked at the U.S. Marine Corps Base Camp Lejeune in North Carolina may have been exposed to harmful chemicals through water contamination. These chemicals — including trichloroethylene (TCE), tetrachloroethylene (PCE), and vinyl chloride — are linked to serious medical conditions like:
Cancer
Renal toxicity
Infertility and miscarriage
Non-Hodgkin’s lymphoma
In 2012, anyone who resided at Camp Lejeune during that period and developed a water contamination-related illness can seek benefits through the U.S. Department of Veterans Affairs (VA).
More recently, a class action lawsuit was brought against the U.S. Navy — the branch of the military that houses the Marine Corps — for allowing the water contamination to happen and affect people. There are many law firms around the country actively fighting for Camp Lejeune victims and their families to secure damages.
The Flint, Michigan, Water Crisis
Starting in 2014, the city of Flint, Michigan, changed the water supply for its citizens. Instead of getting clean filtered water from nearby Detroit, the city began pumping water from the Flint River, which was once polluted with manufacturing and industrial farming runoff.
The people of Flint were forced to drink and use water that contained incredibly high amounts of lead, one of the most harmful water contaminants. Children and adults suffered from numerous conditions, including Legionnaire’s disease. The city attempted to offset these pollutants with higher amounts of chlorine, which then created high amounts of total trihalomethanes (TTHM), chlorine by-products linked to cancer.
Thanks to the diligent work of community members and legal organizations, the people of Flint were able to file a lawsuit against those responsible. They pushed the government to fix the water supply system, a process that continues to this day. In addition, multiple negligent officials were criminally charged.
The MTBE Contamination Settlement
Methyl tertiary-butyl ether (MTBE) is a cancer-causing chemical that was found in the water wells and reservoirs across 17 U.S. states, including Pennsylvania, New York, and Michigan. This chemical is a gasoline additive that was not properly handled by oil companies, and it polluted groundwater in various areas of the country.
There are law firms that stood up to these large, powerful corporations and secured nearly $500 million for people who were exposed through various public water systems across the country.
What Damages Can You Get in a Water Contamination Case?
If you suffered the adverse effects of water contamination, you can seek financial recovery for your injury-related losses. Here’s what you should know about seeking a settlement or court award:
How Much You Can Recover Depends on Your Situation
The types of damages you can claim depend on many factors unique to your circumstances, including:
The type of water contamination you experienced
How you were affected by the contamination, such as through health issues or property damage
Whether you’re pursuing damages as a business or an individual
Whether your contamination case fits into a class action, mass tort, or independent lawsuit
It can be difficult to calculate what you’re owed by yourself. This is why many people partner with injury lawyers; these professionals can assess your situation and determine what you deserve based on your overall condition.
Compensable Losses Account for Your Injury-Related Challenges
Recoverable damages in your case may include:
Medical costs: Exposure to water contamination can cause cancer, birth defects, and a host of other complications. In these situations, medical costs can get expensive. Yet, you can include the cost of treatment, hospitalization, and rehabilitation in your case.
Lost income and reduced future earning potential: If water contamination caused an illness or condition that prevents you from working, either temporarily or long-term, you can claim lost income and future earning potential. This includes lost wages, tips, salary, benefits, bonuses, and an inability to earn the same income as you did before the contaminated water exposure.
Property damage: Water contamination that has impacted your home or business may be part of your claim. This includes estimated property damage losses, changes in income or inventory for certain businesses, and the costs to repair or replace damaged water supply systems.
Pain and suffering: You can also get compensation to account for the physical pain, emotional anguish, discomfort, inconvenience, and trauma you suffered.
Various out-of-pocket losses. You might have already spent money out of pocket because of the contaminated water. For instance, you may have moved to distance yourself from the contaminated water supply. Those costs could be accounted for in your claim or lawsuit.
Non-economic damages: If water contamination directly contributed to or caused your disability, you can claim loss of quality of life, inconvenience, and an inability to pursue gainful employment. How much you can recover for these losses depends on your situation since they don’t come with documentation (like receipts).
Wrongful death-related expenses: If you lost a loved one due to complications from water contamination, you deserve justice. You can get compensation for funeral and burial expenses, end-of-life medical costs, and more.
These are just some of the losses you could recoup through legal action. You’re not alone after suffering the consequences of contaminated water exposure. A personal injury lawsuit lawyer can identify the liable party, evaluate your losses, and pursue financial recovery.
You Have the Opportunity to Partner With a Lawyer for a Mass Tort Lawsuit
A toxic contamination lawyer who focuses on these situations can collect supporting evidence, identify all liable parties, and file complaints against these parties. Fill out this contact form to get in touch with a toxic contamination lawyer and start your claim today. Today, you can explore your options and learn about working with a mass tort lawsuit attorney.
Medtronic insulin pumps are designed to help those with type 1 and type 2 diabetes monitor their glucose. While these products are meant to assist people with diabetes and ensure a healthier and more convenient life for them, certain products were recently recalled due to severe side effects, such as health issues that require hospitalization and even death.
If you were or are currently using a Medtronic insulin pump and have suffered serious complications, you may be able to file a lawsuit. To better understand your options, you can seek the assistance of a defective product lawyer who can help you determine the best way for you to recover compensation for damages that you suffered.
What Is the Medtronic Insulin Pump Recall?
The Medtronic insulin pump recall is a Class I Recall from diabetes.org. It pertains to the MiniMed 600 Series Insulin Pumps, which were distributed between May 2015 and December 2020.
Class I recalls are the most serious types of recalls. Class II and III recalls are issued when a product defect may have less risk of causing severe complications. However, with a Class I recall, the product being recalled is believed to contain defects that can cause serious health problems or death.
What Caused the Insulin Pump Recall?
The Medtronic insulin pumps were recalled due to a clear retainer ring that was not working properly. These rings are designed to lock into place and ensure that the proper amount of insulin is being distributed to the user. When the ring works improperly, it can lead to either hypoglycemia (low blood sugar) or hyperglycemia (high blood sugar).
Symptoms of Hypoglycemia
Hypoglycemia can come on rapidly, and when it does, it can be life-threatening. Per Mayo Clinic, some of the most common side effects of hypoglycemia are:
Irritability and anxiety
Headache
Fatigue
Shakiness
Irregular heartbeat
Pale appearance
Dizziness
Symptoms of Hyperglycemia
Unlike hypoglycemia, hyperglycemia symptoms develop over days. Because of this, your blood sugar could remain high before you ever notice that you are having a problem.
Early symptoms of hyperglycemia include:
Urinating more often
Increased thirst
Blurred vision
Weakness and severe exhaustion
Later, you may start to develop abdominal pain, confusion, nausea, and vomiting. If you experience severe diarrhea and vomiting that does not go away, you may be suffering from hyperglycemia. (Mayo Clinic)
If you are using a 600 Series Medtronic insulin pump and you start to experience any of these side effects, you should notify your doctor right away. If you allow the symptoms to go untreated for too long, the problem could progress to a debilitating point.
Who Has Been Affected By the Recall?
Anyone with diabetes who has used either a Medtronic MiniMed 630G or 670G could be affected by the recall. Both of these 600 Series products are designed to help those with type 1 diabetes deliver the proper amount of insulin into their bodies. However, they were not functioning properly because of a design defect. In total, over 460,000 devices were recalled.
It is vital that doctors are aware of the dangerous side effects that these products can cause. If your doctor prescribes you a Medtronic insulin pump, be sure to voice your questions and concerns, especially if you are assigned a Model 630G or Model 670G.
Has Anything Been Done for Those Patients Who Were Affected?
Medtronic began replacing all recalled insulin pumps with an updated pump that had a black retainer ring. These pumps were provided at no charge. The ring offered a more secure lock for the device and fixed the product’s flaw of administering the incorrect amount of insulin.
What Should You Do if You Are Using a Recalled Pump?
Medtronic provided recommendations for customers who were using their recalled pumps. They suggested that everyone using one of the recalled devices with a clear ring get in contact with Medtronic to get a replacement sent to them.
Additionally, the company offered advice for those with and without damaged rings. If you have a damaged ring, you should:
Stop using your pump immediately.
Contact Medtronic for a replacement pump.
Speak with your doctor about manual injections.
Remember not to insert the reservoir back into your pump while connected.
If the reservoir locks into place correctly and the retainer ring is operating as it should:
Continue using the pump until you receive a new one.
Follow instructions from Medtronic about replacing your pump.
Monitor your new pump and retainer ring, especially after replacing the insulin reservoir.
If you still have concerns, even after receiving a replacement insulin pump, you should speak with your doctor about the possibility of using a different insulin pump.
Can You File a Lawsuit?
If you used one of the recalled Medtronic insulin pumps and you suffered injuries related to improper insulin balance, then you may have a claim against Medtronic. By hiring an attorney for your mass tort lawsuit, you provide yourself with someone who can help you determine how to move forward with a lawsuit and how much it is worth.
When you choose a mass tort lawsuit lawyer to represent you, they will want to know what complications you suffered and how severe they were. The damages that you can recover include both economic and non-economic damages.
Economic Damages
Economic damages are items that have a definitive monetary value associated with them. These types of damages include:
Medical bills
Lost wages
Lost future income
All medical expenses that you were forced to pay as a result of your malfunctioning insulin pump are recoverable. These expenses include any medicines, doctor’s visits, hospital stays, or surgeries that you need.
Non-Economic Damages
Non-economic damages are damages that do not have a definitive monetary value associated with them. These damages can include pain and suffering, loss of enjoyment of life, or loss of companionship in the event your loved one passes away from using the product.
Your attorney will be able to determine how much your non-economic damages are worth by reviewing your current situation as well as past lawsuits that were filed against insulin pump manufacturers.
How Does Working With a Defective Product Lawyer Help?
By working with a product liability lawsuit lawyer, you put yourself in a position to reach the best settlement possible. There are many benefits to working with an attorney, especially when facing a complicated lawsuit such as the case against Medtronic. An attorney can:
Work On Your Behalf
When you choose an attorney to represent you, they will be the one to work on your behalf. This will allow you to recover from your injuries, seek medical attention for any illnesses you suffered, and continue to live your life without having to spend all of your time and energy on your lawsuit.
Keep You Apprised of the Latest News
Your insulin pump lawsuit attorney will keep you updated on the latest status of insulin pump lawsuits, including whether a class action lawsuit or multi-district litigation (MDL) has been filed. They will stay on top of recent settlements to ensure that you are in line to receive the compensation you deserve.
Gather Evidence and Establish Liability
To present a lawsuit, you must first prove that your damages were caused by the party that you wish to sue. Product liability refers to any claim for damages brought by a plaintiff against a company in the chain of manufacturing. A business can be liable if a product’s defects directly cause a plaintiff’s injuries and they suffer damages as a result. (Legal Information Institute)
So, if you suffered health complications because of your Medtronic insulin pump, it still must be proven that your injuries resulted from the product. To prove this, your attorney will work to gather evidence and compare your situation to the experiences of others who are also filing lawsuits.
Adhering to the Statute of Limitations
The statute of limitations is different in every state. The statute limits the amount of time you have to file a lawsuit against a person or company for damages caused by a defective product.
For more information about how long you have to file your lawsuit, speak with your Medtronic insulin pump lawsuit attorney about the specific statute in your state.
Most Attorneys Offer Free Consultations
One convenient aspect of working with an injury attorney is that most of them provide their prospective clients with free consultations. This allows you to speak with a professional regarding your situation and determine if they offer the best option to take on your case.
Free consultations allow you to speak with multiple lawyers and decide who you feel is best to represent you in your Medtronic lawsuit. It is best if you pick someone with experience handling product liability cases who also knows about current and past insulin pump lawsuits.
Background on Medtronic Lawsuits
Even before issuing the recall, Medtronic had known that the MiniMed 600 Series insulin pump had caused thousands of injuries among patients. Many people have been seriously affected by these product defects, and many have already filed lawsuits.
Several plaintiffs have brought a lawsuit against Medtronic in 2020 through the U.S. District Court for the Central District of California. The plaintiffs are arguing that these insulin pumps were not safe for use as intended and that they suffered serious damages as a result.
As of November of 2022, there has not been a mass tort lawsuit brought against Medtronic regarding its insulin pumps. However, there could be a mass tort lawsuit brought forth in the future if people keep coming forward with severe health complications. Right now, one way to seek compensation against Medtronic is to choose a lawyer to represent you and file an individual lawsuit against the manufacturer.
How Much Is My Lawsuit Worth?
The amount of compensation that you receive as a result of your lawsuit will depend on the severity of your injuries, as well as how expensive your ailments were to treat. If you were hospitalized, needed surgery, or suffered organ damage, then you will be able to recover more in compensation than someone who simply had the defective product but did not suffer serious negative effects.
At this point, lawsuits are still in the very early stages, and results for lawsuits regarding the 600 Series are pending. This makes it challenging to know how much you could receive in compensation. However, it is safe to assume that, depending on the severity of your issues, you could recover compensation for your medical expenses, pain and suffering, and other damages. In major product liability cases where plaintiffs face significant injuries, it is possible to see settlements range from tens of thousands of dollars to even six-figure amounts.
National Diabetes Statistics
In 2019, the Centers for Disease Control and Prevention (CDC) estimated that 28.7 million people, equivalent to 8.7% of the U.S. population, had been diagnosed with diabetes. Of those with diabetes, roughly 1.6 million reported using insulin to control their type 1 diabetes.
These numbers illuminate just how many people rely on insulin pumps in the U.S. and why a recall of the nature that Medtronic has seen can be so devastating.
If you are prescribed an insulin pump and you start to suffer adverse effects, whether there was a recall of your product or not, speak with your doctor. There are numerous insulin pumps available that may be able to help you.
Contact a Mass Torts Lawyer Today
If you were using a Medtronic 600 Series device between 2015 and 2020 and you suffered any negative health conditions during that time period, then you may be eligible to file a lawsuit against Medtronic. These devices were designed to help those with type 1 diabetes, but when working improperly, they caused dangerous health issues for their users instead. By working with a lawyer, you can ensure that you stay apprised of all developing details regarding the Medtronic insulin pump lawsuit. Your mass torts attorney will be able to review recent settlement totals, related lawsuits, and any other pertinent information to ensure that you recover the compensation you deserve. Depending on the state in which you live, the statute of limitations may vary, so do not wait to contact an attorney today. When you are ready to seek the legal assistance of a Medtronic insulin pump lawsuit attorney, fill out the contact form on our website.
Punitive damages are a rare type of compensation awarded to plaintiffs if the party responsible for their injuries behaved in an especially reckless or malicious manner. Usually, it is up to a court to decide when a defendant’s behavior meets this threshold.
Punitive damages are also sometimes called exemplary damages, as they are intended to “make an example” of the defendant.
Punitive Damages by State
Each state has its own laws governing when a plaintiff can request punitive damages and how much they can ask for. For example:
California places very few limits on punitive damages. Only when an employee sues an employer is it more difficult to seek such damages. (CIV § 3294)
Nevada ties the amount you receive in punitive damages to what you get in other types of damages, except in cases involving defective products, environmental contamination, and certain other circumstances. (NRS § 42.005)
North Carolina allows plaintiffs to receive a maximum of $250,000 in punitive damages, regardless of the case’s type. (G.S. § 1D-25)
If you think that your personal injury entitles you to punitive damages, it is a good idea to broach this topic with a lawyer as soon as possible. They can explain what punitive damages are and what laws your state has passed to regulate them.
Examples of Cases Where Punitive Damages Were Awarded
Punitive damages tend to be rare because the criteria for awarding them is so high. There have, however, been several high-profile cases in which plaintiffs received millions in punitive damages, such as:
The Alex Jones case, in which a judge ordered Jones to pay $49.2 million for making defamatory remarks about the family of a school shooting victim
A Roundup case, in which a judge reduced the amount plaintiffs could receive in punitive damages but still allowed them to collect $24.6 million and $44.8 million, respectively, for exposure to dangerous chemicals
A hernia mesh case, in which a plaintiff recovered $17.5 million in punitive damages after a medical device malfunctioned with catastrophic results
Each of these cases is part of a larger legal action in which multiple plaintiffs sue a single defendant. Specifically, the last two cases involve mass torts seeking compensation for defective products: the plaintiffs claimed that a large corporation did not bother to properly test its products, and many people suffered harm as a result.
Joining a mass tort could make it easier for you to receive punitive damages and other types of compensation.
Other Recoverable Damages in Civil Cases
Most cases involve compensatory damages rather than (or in addition to) punitive damages. Compensatory damages may reimburse you for money you have lost due to the injury, such as:
Medical expenses
Property damage costs
Loss of employment or wages
Compensation can also account for your injuries’ challenges, such as:
Pain and suffering
Reduced quality of life
Disability
Scarring
To compare, punitive damages do not compensate the plaintiff for any loss in particular; they are designed to punish the at-fault party for extremely bad behavior.
Proving You Deserve Punitive Damages
The burden of proof is on you, as the plaintiff, to demonstrate that the liable party’s actions were so egregious that you deserve punitive damages. You and your attorney could get that proof from a variety of sources, depending on your situation. For instance:
Your medical records could show that you had to get professional care to manage your injury and its symptoms.
The liable party’s records could show they knew about the harm they were doing but did not take sufficient action to mitigate it. (Your lawyer could find these documents through a process called “discovery.”)
Testimony from your friends and loved ones can confirm the circumstances under which you were injured or sickened.
Testimony from experts can discuss how the liable party’s actions were unreasonable and how your condition matches the likely consequences of the liable party’s negligence.
In some cases, the liable party admits they were at fault, which could make it easier for the plaintiff(s) to recover damages. Many times, however, they deny culpability. They may even make counterarguments, such as:
Underplaying how serious your injuries are
Blaming you for your own condition by claiming you were reckless, used their product improperly, etc.
Trying to get your case thrown out on the grounds that you did not follow proper legal procedure when filing it
Stating your injuries were caused by something other than their negligence
To have a successful case, you must collect strong evidence of your own position while refuting any accusations the liable party makes. A personal injury lawsuit attorney can assist you in doing so.
A Personal Injury Lawyer Can Seek Punitive Damages for You
A personal injury lawyer who handles mass tort lawsuits can be a big help as you pursue compensation. They can make sure your case meets all requirements and proceeds on schedule by:
Evaluating your case at no cost, risk, or obligation to you
Determining if you qualify to join an existing mass tort
Collecting evidence to make your case as strong as possible
Identifying how much compensation you deserve, including whether you may qualify for punitive damages
Helping you figure out what actions to take in your case (e.g., should you negotiate a pretrial settlement or take your case to trial?)
Filing all paperwork, forms, and other materials with the court and other parties in a timely manner
Speaking with all other parties on your behalf, so you do not have to confront the liable party in person
The law can be very complicated, especially when it comes to mass torts. This is doubly true if you are still recovering from an injury. Hiring an attorney can take the stress and burden off your shoulders as you seek compensation.
Seek Punitive Damages and Other Losses Today
Do you want help pursuing compensation after a personal injury or wrongful death? A mass torts lawyer from our network can help by explaining what punitive damages are and fighting for whatever damages you qualify for. Fill out our contact form to get started.
To join a class action lawsuit against Philips CPAP machines, you may want to consult an attorney with experience in mass torts and medical device cases. An attorney can make sure you take appropriate action to receive fair compensation. They can also tell you more about the mass tort against Philips, inform you of any relevant deadlines to file a lawsuit, gather important evidence, and represent your best interests from start to finish of your case.
Read on to learn more about the lawsuit against Philips, how to seek compensation, and how to join the existing mass tort lawsuit.
What Is the Lawsuit Against Philips About?
The mass tort lawsuit against the Philips CPAP machine alleges that Philips, which manufactures many kinds of medical devices, purposely endangered customers by not taking immediate action upon learning their product was dangerous.
The foam in Philips CPAP machines (and other similar devices, such as APAP and BiPAP machines) can break down after multiple uses and enter the breathing tube, exposing users to chemicals that may cause:
Cancer
Respiratory illnesses
Nausea or vomiting
Irritation of the skin, nose, or throat
Some of these conditions are severe and even deadly. The more serious your condition, the more Philips could have to pay you in damages.
Getting Compensation from the Philips Mass Tort
If the lawsuits against Philips are successful, the plaintiffs will be able to collect damages for the pain, medical problems, and financial strain caused by the faulty CPAP machines. This includes compensation for:
Loss of quality of life
Physical pain and suffering
Psychological suffering
Cost of medical treatment
Loss of employment or job opportunities
Loss of wages or earning capacity
Temporary or permanent disability
The plaintiffs must prove they deserve such compensation by collecting evidence to support the following four points:
Philips should have protected them. Plaintiffs must show that Philips, as a medical device manufacturer, had a responsibility to produce safe, quality products and to recall those products immediately upon learning of new dangers.
Philips did not protect them. In this case, the plaintiffs allege that Philips knew about the defective foam but hid that information until it was convenient for them to issue a recall.
Philips’ negligence had consequences. You were diagnosed with a new health condition, had to pay for medical care and take time off work, or suffered a blow to your physical and mental well-being. Your illness may have caused you financial hardship and forced you to make radical lifestyle changes.
Joining a Mass Tort Lawsuit Against Philips
How do you know if you qualify to join a mass tort lawsuit against Philips CPAP machines? One of the best ways is by discussing your case with an attorney. They can tell you about:
The details of the other cases: Your case must be very similar to the cases already included in the mass tort.
Your state’s statute of limitations: Depending on your state, you could have anywhere from one to several years to file a lawsuit for your injuries. An attorney can explain your filing timeline.
What evidence you need: A lawyer can support your case by collecting information from your medical records, your loved ones’ testimony, Philips’ records, and other sources.
What your legal options are: Should you join an MDL, or should you pursue another option? An attorney can discuss all reasonable options with you.
How they will manage your legal action: Your attorney could work with other attorneys to build a strong case and make sure your case is properly added to the existing legal action.
What to do after a wrongful death: Did you lose a loved one to CPAP-related complications, or do you expect not to survive long enough to see the case to the end? You can still recover damages. Your attorney can tell you how.
Class Actions Versus MDLs
You may also have the option of joining a multidistrict litigation (MDL) against Philips instead of a class action. An MDL might require more work from your attorney because:
The court considers each case in an MDL separately rather than only considering one or two “sample” cases from a class action.
You would retain greater control of your case.
You could be able to negotiate your own settlement rather than sharing a lump settlement with others.
It is vital that you pursue the right type of legal action for your situation. This could make all the difference in whether you receive fair compensation. A Philips CPAP lawsuit lawyer can explain how joining the existing Philips MDL can help you.
If You Do Not Qualify for the Philips Mass Tort
There are many reasons why your lawyer might decide that joining an existing legal action is not possible or not advisable. For example, maybe you:
Could potentially get more compensation through a different type of action
Used a CPAP machine that Philips did not include in its recall or that was not manufactured by Philips
Suffered health effects that are significantly different from those suffered by the other plaintiffs in the action
If for any reason you do not qualify to join an existing legal action, your lawyer may be able to start a new legal action on your behalf.
Why Join a Mass Tort Lawsuit?
In general, lawsuits give wronged individuals the opportunity to hold the at-fault party accountable for their actions. They also help these individuals recover compensation for everything they have lost or may lose in the future.
Why should you join a mass tort lawsuit specifically? A mass tort lawsuit is one of several types of legal actions that:
Offer strength in numbers to individual plaintiffs, who are ordinary people with limited resources against a large corporation
Enable you to pursue and recover compensation for much less effort than an individual lawsuit would take
Keep legal costs to a minimum by spreading those costs out among all of the plaintiffs
Learn More About Joining Mass Tort Lawsuits
For more information on how to join a mass tort lawsuit against Philips CPAP machines, fill out our contact form today. We can put you in touch with a mass torts lawyer in your area who can tell you about all the ways you could receive compensation for your illness.
Camp Geiger is part of the Camp Lejeune water contamination case. If you lived at or were stationed at Camp Geiger from 1953 to 1987, you could be at increased risk of developing serious, even life-threatening health conditions.
If you decide to file a lawsuit, an attorney could help establish connections between your residency at Camp Geiger, the water contamination, and your health issues.
Where Are Camp Geiger and Camp Lejeune?
Camp Lejeune is a complex of military bases in North Carolina. According to the U.S. Military, it currently houses more than 143,000 people, making it “the largest concentration of Marines and Sailors in the world.” Camp Geiger is “a vital training center” for Marines in the area.
Camp Lejeune consists of many different installations, including but not limited to:
Military Corps Base Camp Lejeune
Camp Geiger
Camp Lejeune Greater Sandy Run
Tarawa Terrace
Stone Bay Rifle Range
Marine Corps Air Station New River
The water contamination affected each of these areas. You only need to have been stationed at one of these bases for at least 30 days to qualify for compensation.
What Compensation Is Available for Camp Lejeune Survivors?
There are two ways you could qualify for compensation after exposure to contaminated water at Camp Geiger:
They were stationed at Camp Geiger and/or another base that is part of Camp Lejeune for at least 30 days from 1953 to 1987.
They have been diagnosed with one or more conditions connected to the water contamination.
They have incurred losses related to their healthcare issues.
VA disability benefits will cover any medical treatments that you would have had to pay for out of pocket.
Seeking a Third-Party Settlement
VA benefits can help you with medical expenses, but if you want compensation for other losses, you may have to pursue a settlement from the federal government. A settlement could reimburse you for:
Pain and suffering: Your health conditions have caused both physical and emotional pain, thus worsening your health and sense of well-being.
Reduced quality of life: You can no longer live the way you did before developing the health concern in question. This could mean you have given up a favorite hobby or need help with basic tasks, such as bathing or getting dressed.
Disability: For example, Parkinson’s makes it increasingly difficult for a person to take care of themselves and live independently. Cancer treatments can leave you weak or even cause you to lose an organ. You could seek financial recovery for the hardship of having a long-term disability.
Loss of consortium: Your condition makes it difficult or impossible for you to maintain healthy, happy relationships with your loved ones.
Loss of wages or benefits: Your condition impacts your ability to support your family by forcing you to take time off work or work part-time.
Loss of earning capacity: Your condition has permanently reduced your ability to earn a living wage.
You could also seek wrongful death benefits, if you suffered a miscarriage or if your loved one passed away before they could file their own claim or lawsuit.
Effects of Camp Lejeune Water Contamination
The Camp Lejeune water contamination case has placed thousands of Marines and their families at risk of serious health conditions, some of them fatal. Per VA, conditions potentially linked to chemical exposure at Camp Geiger and Camp Lejeune generally include:
Renal toxicity
Kidney and bladder cancer
Leukemia
Non-Hodgkin’s lymphoma
Infertility
Scleroderma
Myelodysplastic syndromes
Parkinson’s disease
Multiple myeloma
According to the Camp Lejeune water contamination lawsuit, the U.S. government knew of the contamination and could have taken steps to protect Marines and their families. Instead, it covered up the presence of toxic chemicals in the drinking water, placing thousands at risk of serious health problems.
How to Prove You Were at Camp Geiger
Neither VA nor the government will pay compensation unless you can establish that you were at Camp Geiger from 1953 to 1987. You must also prove that the toxic chemical exposure at Camp Geiger more than likely caused your condition.
Proving your medical history may involve reviewing medical records and statements from medical professionals. Proving your presence at Camp Geiger may require a bit more detective work from your lawyer. They could:
Acquire statements from superior officers, fellow Marines, friends, or acquaintances who knew you at the time and can confirm your living arrangements
Ask you to look for any pieces of mail (e.g., bills) you may have saved from when you resided on the military base
Request a copy of your service record and see if that contains the information you need
After You Collect Evidence, Pursue a Claim
Your mass torts lawyer can explain your options for seeking compensation. After helping you make this critical decision, they can:
Ask VA or the federal government to pay the money you deserve after being exposed to toxic chemicals at Camp Geiger
Submit evidence to either VA or the liable party’s representatives for their consideration
Represent you at any hearings or meetings with the other parties
Negotiate for what you feel is a fair settlement based on your physical, financial, and psychological losses
Appeal your case to VA, if it does not accept your claim right away
You and your family have already been through enough. Now, you can hire a personal injury attorney to manage all aspects of your case, so you can fully focus on your well-being and future.
Were You Stationed at Camp Geiger? You Have Legal Options.
If you were stationed at Camp Lejeune or Camp Geiger from 1953 to 1987, you could recover compensation for any health issues you developed from the contaminated water. Camp Geiger is part of Camp Lejeune, and those who were stationed there deserve fair recompense. Contact us today for a free case evaluation.
There is no class action lawsuit against baby food manufacturers. However, plaintiffs are filing lawsuits against baby food makers, and many are continuing to seek consolidation as a mass tort.
The plaintiffs in these suits allege that the manufacturers knew there were dangerous levels of arsenic, mercury, and other toxins in their products, and yet they did nothing to warn consumers of these dangers. You could bring a lawsuit if your child was harmed by toxic baby food.
The baby foods in question contain far higher levels of these dangerous metals than is safe for consumption.
Chronic exposure to these metals can cause severe and irreversible damage to a child’s physical growth, brain development, and ability to learn.
The food manufacturers were aware of these dangers but did nothing to warn consumers of the risks.
Many parents, rightfully angry and frightened over the threat to their children’s well-being, responded by filing product liability lawsuits against the manufacturers they believe to be responsible for the toxic chemical exposure.
Among the baby food manufacturers that have been targeted include:
Cream of Wheat
Kroger
Gerber
Parent’s Choice
Happy Family Organics
Beech-Nut
Sprout Foods
And more
What Is a Product Liability Lawsuit?
In a product liability case, the plaintiff alleges that a product manufacturer endangered the public in one or more of the following ways:
They did not run adequate tests on the product before selling it.
The product design is inherently flawed and puts consumers at risk.
They used hazardous materials when producing the product.
The manufacturer knew about the dangers for a while but did not take proper action to recall the product or warn the public of the risks.
This last point is especially important. In order to get compensation, you (or your lawyer) must prove that the manufacturer knew or should have known about the danger their product posed.
Another product liability case that could potentially affect your child is the talcum powder case against Johnson & Johnson. These suits allege that J&J’s products were contaminated with asbestos.
How to Sue a Baby Food Manufacturer
If you are considering filing a lawsuit against baby food makers, it is important that you fully understand your obligations and rights under the law. A personal injury lawsuit attorney can explain such crucial factors as:
What Is the Statute of Limitations in Baby Food Cases?
You have a limited time to seek compensation for injuries related to contaminated baby food. This time limit is called a statute of limitations.
Each state sets its own statute of limitations, but they are usually between one and five years. It is in your best interest to:
Get legal help as soon as possible.
Let your lawyer tell you about all of the statutes and other laws that apply to your case.
Take action quickly to preserve your right to join a case and collect damages.
How Much Is My Baby Food Case Worth?
In some cases, a liable party may contact the plaintiff with a fast settlement offer. If this seems too good to be true, it probably is: the amount they offer may not be enough to cover your losses. Worse, if you accept the offer, you cannot take further legal action against the liable party.
By hiring an attorney, you are hiring someone who can protect your rights by accurately assessing your case’s value. They may take into account injuries such as:
The type and severity of the condition your child has been diagnosed with
All of the ways in which that condition will affect your child’s ability to make friends, learn, get a job, and so on
The money your family has spent on treating your child’s condition or providing them with specialized services, such as speech therapy
The money your family has lost because you or your partner have to stay home and provide your child with extra care and attention
Your case’s worth is influenced not only by the losses you have already sustained but by the losses you expect to sustain in the future.
How Do I Prove My Baby Food Case?
Before you can recover any compensation, you or your lawyer will have to collect evidence that shows:
The baby food was contaminated.
Your child ate the contaminated food and subsequently developed a health condition or problem that has been linked to the toxic ingredients.
Your child and your family have suffered in ways they would not have if the baby food manufacturer behaved responsibly.
You or your lawyer must then present your evidence to the liable party’s representatives and possibly to a judge and jury. An attorney can help you collect evidence from:
Your child’s medical records
Your child’s doctor
Other medical professionals who specialize in your child’s condition
Family members or friends who can testify that you purchased the contaminated baby food and/or speak to your child’s condition
Bills, receipts, paystubs, or personal communications that indicate the monetary cost of your child’s condition
Should I Join a Mass Tort Lawsuit?
Just because there is no existing class action or multidistrict litigation (MDL) against baby food does not mean that there will be no mass tort against baby food makers. You may qualify to join an MDL or class action case in the future.
A personal injury lawyer would be happy to work with you to figure out how to best approach your case. This may involve:
Providing you with a free case review
Building a strong case file by collecting documentary evidence and interviewing pertinent witnesses
Contacting the baby food manufacturer to let them know you are suing
Adding your case to a future mass tort, if applicable
Negotiating hard for the money you need and/or representing your case in the courtroom
Learn More About Baby Food Lawsuits Today
Has your child been diagnosed with a neurological disorder or other condition after consuming baby food that contains toxic materials? A mass torts lawyer from our network can let you know if an MDL or class action lawsuit forms against baby food that you qualify to join. Find out more by filling out our contact form now.
Among the recorded neurobehavioral effects of toxic water at Camp Lejeune are:
Memory problems
Mental illness, such as depression
Insomnia
Parkinson’s disease
Mood problems, such as anxiety or irritability
What Are Neurobehavioral Effects?
A neurobehavioral disorder or problem is any condition that affects the connection
between your nervous system and other parts of your body. For example, nerves play a key role in allowing you to:
Control body movements
Regulate your mood
Express yourself in appropriate ways
Maintain healthy habits, like a proper sleep schedule
Neurobehavioral issues can therefore make it very difficult for you to keep a job, socialize with others, concentrate on important tasks, and live independently. Symptoms may worsen over time, making a bigger and bigger impact on your life.
What Caused the Camp Lejeune Neurobehavioral Effects?
The groundwater at Camp Lejeune contained dangerous chemicals for over thirty years, from 1953 to 1987. These chemicals, according to the Department of Veterans Affairs (VA), included numerous industrial solvents that were never meant for human consumption.
Exposure to these chemicals can impact adults, children, and children in utero. This is especially true if, as happened at Camp Lejeune, people were exposed repeatedly over an extended period.
Other Consequences of Toxic Water Exposure
Industrial solvents and other chemicals found in Camp Lejeune’s water supply have been tied to a variety of health issues. This includes neurobehavioral effects as well as:
Many forms of cancer
Fertility issues and pregnancy loss
Myelodysplastic syndromes
Hepatic steatosis
Renal toxicity
How Toxic Exposure Occurred at Camp Lejeune
People stationed or living at Camp Lejeune used the contaminated water for many of their daily activities, including:
Drinking
Cooking
Bathing
Washing clothes, dishes, and other items
Marines and their families were exposed to a variety of dangerous chemicals multiple times a day for as long as they were at Camp Lejeune. This greatly increased their risk of suffering neurobehavioral effects and other health issues.
After Toxic Water Exposure at Camp Lejeune
If you experience troublesome neurobehavioral symptoms, and you were at Camp Lejeune from 1953 to 1987, it is important that you see a doctor right away. This can:
Prevent symptoms from getting worse
Make it easier for a doctor to treat the condition
Make it easier for a lawyer to establish a connection between your neurobehavioral effects and the toxic water exposure at Camp Lejeune
Once you seek a diagnosis from a healthcare professional, you can turn your attention to seeking just compensation for the hardships you endured.
The neurobehavioral effects of toxic water at Camp Lejeune have negatively affected thousands of veterans and their families. You have the right to consult a lawyer who can seek compensation for your injuries and losses.
Filing for Benefits Versus Filing a Lawsuit
Those affected by the Camp Lejeune water contamination have two main options for seeking compensation: filing for medical benefits from the Department of Veterans Affairs and filing a lawsuit for general compensation. Each option has its pros and cons. Here’s what to know:
Pros of Seeking VA Benefits
Per VA, some ailments (such as Parkinson’s disease) are “presumptive” conditions. In other words, if you were at Camp Lejeune and now have Parkinson’s, VA will assume the two events are related and grant you benefits without requiring you to prove a connection.
If you have another type of neurobehavioral problem, however, you must show VA a connection between your diagnosis and your time at Camp Lejeune. A personal injury attorney can help you locate and present this evidence.
In addition, VA benefits will only cover your medical expenses. To receive other types of compensation (like pain and suffering), you could seek a settlement from the U.S. government, which passed the Camp Lejeune Act of 2022. This allows veterans and their families to seek such compensation.
Pros of Filing a Lawsuit
A pretrial settlement or jury award grants compensation for all types of losses, including:
Pain and suffering
Physical or intellectual disability
Reduced quality of life
Loss of consortium
Loss of wages or future earning capacity
Loss of employment
Various illness-related expenditures
Pursuing a settlement, like VA benefits, requires evidence to support your case. However, in the end, you could be reimbursed for all the ways your condition has impacted your life, not just for medical costs.
Can I Get Wrongful Death Compensation?
Yes. If you do not expect to live long enough to complete a legal action, or if your loved one has already passed away, you still have the right to pursue compensation. Both VA and the federal government pay wrongful death compensation to deserving applicants.
Provide a free case review so you have a better understanding of your rights and how to exercise them
Collect evidence to establish your presence at Camp Lejeune and the connection between your service and your neurobehavioral problems
Calculate how much compensation you deserve based on the length of your service, the severity of your health issues, and so on
Help you apply for benefits from VA, which offers monetary benefits to those harmed by Camp Lejeune’s toxic water
Negotiate with the liable party (in this case, the U.S. government) for a fair settlement that accurately reflects everything you have lost
Your lawyer can also make your life easier by serving as an invaluable source of support as your case proceeds. They can:
Stay in touch with you throughout the case and let you know how things are progressing
Go through the pros and cons of each method for pursuing compensation
Represent you at all phone calls, teleconferences, and in-person meetings with the other parties
Provide new perspectives on your case that you may not have considered
The sooner you start your case, the more your attorney can start advocating for you.
File a Camp Lejeune Lawsuit Today
If you or a loved one are suffering from the neurobehavioral effects of toxic water at Camp Lejeune, the mass torts lawyers in our network want to know about it. Fill out the contact form so we can evaluate your case today. We want to help you fight for the monetary damages you need to afford medical care, support your dependents, and more.
In 2021, Philips issued a recall for product defects in its CPAP and BiPAP machines that could cause health problems for patients. The common health issues associated with defective CPAP machines are:
Toxic effects on the organs, including cancer
Irritation to the respiratory tract
Hypersensitivity and allergic or immune system reactions
Breathing problems, including asthma
Inflammatory response
Headache and dizziness
Defective CPAP and BiPAP Machines Can Cause Serious Harm
Bi-level positive airway pressure (BiPAP) and continuous positive airway pressure (CPAP) machines are medical devices designed to help sleep apnea patients. Sleep apnea, as Mayo Clinic explains, causes patients to repeatedly stop breathing during the night. CPAP and BiPAP machines keep the patient breathing normally.
Unfortunately, the machines that so many rely on to improve their health may cause additional problems. Severe health conditions from Philips’ defective CPAP and BiPAP machines can affect the:
Lungs
Kidneys
Liver
Other organs
These conditions may also increase your risk of developing other complications. For instance, those with asthma can face challenges with physical exercise, which can lead to health challenges such as diabetes and high blood pressure. (Healthline)
Additionally, fighting cancer is often a long-term hardship. Patients may require invasive surgery, chemotherapy, and other treatment over a long period.
What Is the CPAP Machine Defect?
The defective CPAP and BiPAP machines were produced by Philips. Philips uses a foam called polyester-based polyurethane (PE-PUR) in its machines to ensure they run quietly.
However, this foam is not always stable. It can break down after a while and enter the tube the patient breathes through. The chemicals in PE-PUR have been linked to the health conditions listed above.
Why Are People Suing the CPAP Machine Manufacturer?
The CPAP machine lawsuits against Philips allege that the company knew its machines were hazardous but did nothing. Philips had the power to protect its customers by recalling the machines and issuing a statement warning the public about the danger they presented, but they chose not to do so until years after the fact.
The plaintiffs in the defective CPAP and BiPAP machine cases say that Philips is responsible for their:
Pain and suffering
Diminished quality of life
Physical disabilities
Past and future medical expenses
Past and future loss of income, benefits, etc.
Other expenses related to their illness
As a result, the plaintiffs are seeking monetary compensation from Philips to cover these losses.
Wrongful Death Cases Related to CPAP Machines
The conditions linked to defective CPAP machines are all too often fatal. This is another reason some people are suing Philips—for the wrongful death of their loved ones or for the fact that they themselves expect to pass away sooner than they should have.
It is perfectly understandable if you do not want to spend this time embroiled in a lawsuit. Know that an attorney can simplify the process. They can manage your entire case, so you do not have to put any personal time or effort into pursuing compensation for:
Grief
Loss of society and companionship
Loss of financial support
Funeral and burial expenses
After Exposure to a Faulty CPAP Machine
If you suspect your CPAP or BiPAP machine is defective, you can take the following actions:
Get a New Machine
If you have not already done so, go to Philips’ website and register your device to find out if it is part of the recall. You can then request replacement parts or a replacement machine from the company.
Talk to Your Doctor
BiPAP and CPAP machines are critical medical devices, so it may not be a good idea to stop using them abruptly. Instead, contact your doctor and tell them about your concerns. Your doctor can:
Advise you about whether you can safely stop using the machine or not
Examine you for signs of common health issues associated with CPAP machines, whether or not you are exhibiting symptoms
Treat you for sleep apnea and any other health issues
Address your concerns about the potential medical effects of the defective machines
Some symptoms of PE-PUR exposure may be mild and more straightforward to treat. However, others might require more intensive treatment. It is better to be safe than sorry, so please see your doctor as soon as possible.
Contact a Personal Injury Lawyer
Philips could owe you compensation if:
You bought and used one of the machines that they have now recalled.
You developed a new health condition since using the machine or an existing health condition has worsened.
Your health probably would not have worsened in that way if you had not been exposed to harmful chemicals through the CPAP machine.
A personal injury lawsuit lawyer can help you figure out what your rights are in this situation. This can be particularly useful if you:
Are already sick or stressed because of the situation
Are unfamiliar with the law
Would prefer not to appear in court or speak directly to Philips or their representatives
Would appreciate professional assistance with legal tasks, such as filing paperwork or collecting evidence
Want someone to help you determine your case’s monetary value and negotiate for a fair settlement on your behalf
If You Are Offered a CPAP Machine Settlement
Some cases go all the way to trial, but many do not get that far. Instead, the liable party offers the plaintiffs a settlement in a bid to end the case faster.
You might naturally be excited at the prospect of receiving a CPAP settlement. However, it is important not to be hasty. To ensure the settlement offer meets all of your needs and will provide fair recompense for everything you have lost, you can let your lawyer:
Evaluate your case’s value
Review any settlement offers the liable party makes
Tell you if the settlement offer is worth accepting
Negotiate for a better settlement, if the offer is inadequate
You only get one chance to recover compensation, so you want to make sure you get everything you need for your medical expenses, personal suffering, and so on.
Consider Filing a CPAP Machine Lawsuit
If you believe that your health issues are associated with your use of a CPAP machine, you can hire a mass torts lawyer to help you prove your case. They can ensure you avoid common legal mistakes people make and fight to secure a fair settlement for you. To get started, tell us more about your situation by filling out our contact form.
Chemical spills and leaks from off-base and on-base sources caused the toxic water contamination at Camp Lejeune. According to a study published in the National Academies Press (NAP), industrial solvents and cleaners had contaminated Camp Lejeune wells and water treatment plants as early as the 1950s.
What Toxins Were in Camp Lejeune’s Water?
The NAP study says that many different chemicals were found in Camp Lejeune’s water supply, but the two main culprits were perchloroethylene (PCE) and trichloroethylene (TCE). These chemicals were used at numerous locations both on and off the base, including:
A dry-cleaning business
Industrial sites
Underground chemical storage sites
Burn dumps
From these locations, the chemicals were able to leak out, soak into the ground, and enter the camp’s water supplies. Marines who lived or worked on the base—as well as their spouses and children—used this toxic water for all of their everyday needs, including:
Drinking
Bathing
Cooking
Cleaning
What Health Problems Do Victims of Camp Lejeune Toxic Water Exposure Face?
The toxic water at Camp Lejeune contained numerous chemicals that humans should never consume or have direct contact with.
Those exposed to such chemicals are at an increased risk of sustaining serious personal injuries and illnesses, including:
Cancer of the liver, kidney, breast, esophagus, and other cancers
Non-Hodgkin’s lymphoma
Leukemia
Parkinson’s disease
Infertility and pregnancy loss
Multiple myeloma
Renal toxicity
Some Camp Lejeune Health Problems Are Fatal
It has been decades since the contamination occurred, so many victims who might have qualified for compensation have tragically already passed away. Many others are so sick they may not have enough time to complete a legal action. Still others suffered a miscarriage years ago due to the contamination.
All of these situations could constitute grounds for a wrongful death case. Your family should not have to forego compensation just because it has taken so long for the government to recognize the harm to victims.
Did the Government Make the Water Contamination Worse?
Yes. The federal government knew years ago that chemical leaks had caused toxic water contamination at Camp Lejeune. Rather than go to the trouble of relocating the Marines and decontaminating the water supply, they chose to hide information about the toxic water.
For this reason, many former Marines and their families are now seeking compensation from the federal government. The Camp Lejeune Justice Act of 2022 allows these individuals to more easily recover damages if they:
Were at Camp Lejeune at any time from August 1, 1953 to December 31, 1987. These dates reflect when we know for sure the water supply was contaminated and used by Marines.
Were at Camp Lejeune for at least thirty days
Faced health conditions directly related to toxic water contamination
What Can I Do About Camp Lejeune Water Contamination?
If you were stationed at any Camp Lejeune base for thirty days or more between 1953 and 1987, you can pursue compensation by:
The Department of Veterans Affairs (VA) allows veterans and qualifying relatives to get medical benefits through the agency. This would enable you to afford the medical treatments you need for your contaminant-related health condition.
The process of applying for benefits includes:
Collecting evidence to show you are sick and that you were at Camp Lejeune while the water was contaminated
Submitting this evidence and all appropriate forms to the VA for consideration
Supplying additional evidence and attending hearings, if the VA does not approve your claim right away
Keeping an eye out for communications from the VA that will tell you whether or not they approve your claim and what actions you can take if you are dissatisfied with their decision
You have the right to hire a personal injury lawsuit attorney to handle your case for you. You may find a lawyer’s assistance helpful when:
You need more time to deal with troublesome symptoms or receive treatment.
You have questions about the application process.
The case takes a long time (some applicants can wait years for benefits).
You have to figure out how to present your case before a VA representative.
Filing a Lawsuit
In addition, you may also qualify to file a lawsuit against the federal government for doing nothing about the toxic water at Camp Lejeune for so many years. Their negligence endangered you and your family, so you may deserve compensation for:
Loss of wages
Inability to work
Pain and suffering
Reduced quality of life
Loss of consortium
Again, a lawyer can make it easier for you to manage your pursuit of damages. Lawsuits typically take a great deal of time and effort, and you could benefit from having a legal professional handle the hard work of:
Investigating your illness and collecting as much evidence as possible to support your case
Determining how much compensation you deserve and what types of compensation (medical costs, pain and suffering, etc.) you qualify for
Helping you decide whether to seek compensation from the VA, the federal government, or both
Filing all of the paperwork needed to start your case and keep it going without delays or problems
Following up if there are any issues with your case (e.g., the VA says they did not receive a specific document)
Representing you at VA hearings, at the negotiating table, or in the courtroom
Getting and staying in touch with all relevant parties and letting you know what they have to say about your case
Were You Harmed by Camp Lejeune’s Toxic Water?
While a variety of factors caused the toxic water contamination at Camp Lejeune, it was ultimately the government’s negligence that caused so much harm to Marines and their families. To see how you can seek compensation, fill out our contact form and let us put you in touch with a mass torts lawyer in your area.
