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  • What Is the Criteria to Claim a Settlement Amount in a Paragard Lawsuit?

    What Is the Criteria to Claim a Settlement Amount in a Paragard Lawsuit?

    The criteria to claim a settlement amount in the ParaGard lawsuits are:

    ● Joining an existing suit or starting one of your own within legal deadlines
    ● Proving that you used ParaGard and that you could not reasonably have known
    the risks of using it
    ● Proving that you were harmed or put at substantial risk of harm because
    ParaGard’s manufacturer or someone else behaved negligently

    What Is ParaGard?

    ParaGard is an intrauterine device (IUD), a medical device, and a form of birth control
    inserted directly into the uterus. IUDs offer the benefits of long-term contraception
    without the side effects commonly associated with the pill.

    Unfortunately, ParaGard’s design makes it more likely to break inside the uterus. The
    device’s components may then perforate or embed in the uterus, requiring surgery to
    remove. This is why so many former ParaGard users are filing lawsuits against the
    device’s manufacturers, Teva Pharmaceuticals and CooperSurgical.

    Can I Join a ParaGard Lawsuit?

    Many former ParaGard users have already filed suit against one or both of the product’s
    manufacturers. To streamline the legal process, these cases have been combined into
    a single legal action called multidistrict litigation (MDL).

    An MDL consolidates similar cases from all across the country. This means:

    ● All of the cases in the MDL will be considered by a single judge at the same time.
    ● The case may take less time to settle and involve much less work than if
    separate courts dealt with each case individually.
    ● The plaintiffs do not have to confront a large pharmaceutical corporation on their
    own.

    To join an existing MDL, you have to show that your case is substantially similar to the
    cases already in the MDL. For example, you can prove that:

    ● You were injured by ParaGard and not another brand of IUD.
    ● You were injured by the same type of defect that affected the other plaintiffs.
    ● You suffered similar types of injuries as the other plaintiffs.
    Your lawyer can help you figure out if you qualify to join an MDL or if joining an MDL is
    the best course of action for you. If not, they can help you explore other legal options.

    How Do I Prove ParaGard Harmed Me?

    Your personal injury attorney can look for evidence showing that the following four
    statements are true:

    ● ParaGard’s manufacturer had a legal responsibility to protect consumers by
    properly testing and designing their product and by recalling faulty products in a
    timely manner.
    ● ParaGard’s manufacturer failed at one or more of these responsibilities.
    ● After using ParaGard, you suffered a medical condition directly related to the
    manufacturer’s lack of responsibility.
    ● The medical condition put your life in danger and/or had a significant harmful
    effect on your life.

    The manufacturer’s legal team will work just as hard to disprove these statements,
    which would absolve them of responsibility for your condition. They might claim:

    ● Your condition was caused by something else.
    ● You were not using ParaGard properly, so they are not liable for the injuries it
    caused.
    ● Your condition is less severe than you say it is.

    Not only must you meet the criteria to claim a settlement amount in a ParaGard lawsuit,
    but you must also collect enough evidence to convince the liable party’s lawyers that
    you meet the criteria.

    This is one of the reasons why hiring a personal injury attorney can be so helpful. They
    know how and where to look for evidence that could support your request for damages,
    including:

    ● Your medical records showing when you had the IUD implanted and when you
    had it removed.
    ● A statement from your doctor and/or other medical experts testifying to
    ParaGard’s harmful effects on your health and your life.
    ● Statements from you, your friends, and your loved ones confirming your use of
    ParaGard and its negative impact on your life.
    ● Documentation collected by the liable party, which your lawyer can request to
    see and use in your own case through a process called discovery.

    How Much Can I Get from a ParaGard Lawsuit?

    ParaGard lawsuits are still being litigated, so no one can say how much the plaintiffs will
    receive or when the cases will be resolved. What you can do is hire a personal injury
    attorney to tell you how much your case is worth based on your:

    ● Medical expenses, including money spent on surgical intervention, the cost of
    getting a new IUD, any future treatment you are likely to need, and other medical
    care
    ● Loss of wages, if your injury or treatment plan required you to miss work for any
    length of time
    ● Pain and suffering, if you experienced physical and mental distress due to the
    defective IUD
    ● Diminished quality of life, if ParaGard complications have caused long-term
    health issues that affect your ability to enjoy life

    Your attorney can collect evidence and use legal formulas to calculate how much
    money you should get for your injuries. They can also guard you against the liable
    party’s attempts to minimize your suffering and your payout.

    Will I Get a Settlement or a Jury Award?

    Many personal injury cases settle out of court. This is because offering a pretrial
    settlement saves the liable party the time and expense of going through a court case.
    That said, there is still a chance your case will go to court. If that happens, any money
    you receive would be through a jury award rather than a settlement.

    It can be scary not knowing how your case is going to turn out or how long it will take.
    Feel free to rely on your lawyer for advice and legal support during this time. It is their
    job to:

    ● Answer all of your questions, even if they seem small to you
    ● Update you on how your case is going
    ● Explain complex legal concepts
    ● Advise you on how to direct your case

    Want to Join the Paragard Lawsuit?

    Someone in our nationwide network of mass tort lawyers can tell you if you qualify for the
    ParaGard lawsuit and how much compensation you may be able to recover. They can
    even walk you through the criteria to claim a settlement amount and negotiate on your
    behalf. Get in touch with a lawyer in our network today by filling out our contact form.

  • Which Baby Food Companies Are Being Sued for Toxic Ingredients?

    Which Baby Food Companies Are Being Sued for Toxic Ingredients?

    The baby food companies being sued for toxic ingredients are:

    • Gerber
    • Kroger
    • Parent’s Choice
    • Happy Family Organics
    • Healthy Times Organic
    • Earth’s Best Organic
    • Sprout Foods
    • Beech-Nut
    • HappyBaby
    • Cream of Wheat

    What Are the Toxic Ingredients in Baby Food?

    Baby food sued for toxic ingredients

    The heavy metals that have allegedly been found in baby foods include:

    • Arsenic
    • Cadmium
    • Lead
    • Mercury

    While a small amount of these heavy metals occur naturally in the foods we eat, the lawsuits allege that multiple baby food companies allowed a higher-than-normal, potentially harmful quantity of these toxins in their products. Chronic childhood exposure to these heavy metals may increase the risk of:

    • Neurological issues (PLOS One)
    • Learning disabilities, seizures, and gastrointestinal issues, which Mayo Clinic cites as common symptoms of lead poisoning in children
    • Kidney problems and other issues linked to cadmium exposure, as ScienceDirect reports

    Babies are especially vulnerable to these toxic ingredients. Due to their small size and the fact that their bodies are still developing, even a small amount of these toxins could cause lifelong health problems.

    If you suspect your child’s health condition was caused by toxic baby food, you can contact a personal injury lawyer to learn more about your options and legal rights.

    Suing for Toxic Ingredient Exposure in Baby Food

    Product liability cases give wronged consumers the chance to receive compensation when companies or corporations behave negligently. However, the odds are not automatically stacked in your favor. Baby food companies like Gerber, Kroger, and others:

    • Are often very large and have more resources than individual plaintiffs
    • Have been sued before and know how to navigate the legal process
    • Hire high-power attorneys to deal with lawsuits like yours

    Instead of taking on the baby food companies alone, this is why plaintiffs may ask the court to combine their cases into a mass tort. A mass tort levels the playing field by:

    • Reducing legal costs
    • Shortening the length of the legal action
    • Allowing the plaintiffs’ attorneys to share knowledge and evidence

    Baby food companies are already being sued for toxic ingredients, but you may be able to join a mass tort, if one forms, and pursue damages for the risks your child faced.

    If you cannot join an existing lawsuit for any reason, your lawyer can talk to you about starting your own case.

    Compensation for Exposure to Toxic Baby Food

    You may be able to recover several damages if your child was exposed to toxic ingredients in their baby food. This includes:

    • Medical expenses related to treating their contaminant-related condition, both now and in the future
    • Wages you or your partner could not earn because you were busy caring for your child
    • Physical and emotional suffering your child will have to endure due to their condition
    • The cost of special schools or other resources your child will need to help them succeed in life
    • Your child’s disabilities, if they developed a physical disability or developmental delay because of the exposure
    • Your child’s loss of quality of life, if they will not be able to live the kind of life you expected them to prior to eating the contaminated food

    Likewise, the amount you can expect to receive will depend on your circumstances.

    This is only a partial list of the damages available. Every case comes with unique factors, so it is a good idea to speak to a lawyer and get advice specific to your situation.

    A Lawyer Can Help With Your Toxic Baby Food Case

    Parents across the country are suing the baby food companies listed above and others for allegedly allowing toxic ingredients into the food. Many are doing so with help from personal injury attorneys. 

    Hiring an attorney can make it easier for you to take legal action by:

    • Listening to your story and letting you know if you qualify to join an existing lawsuit
    • Finding enough evidence to support your case so that a judge does not dismiss it
    • Representing you at the negotiating table and in the courtroom, depending on your case’s needs
    • Filing all of the necessary paperwork to start your case, requesting appropriate compensation, and so on
    • Communicating with all other involved parties, including but not limited to the baby food company, other lawyers, and the judge handling the case
    • Addressing any changes in the situation or questions you have

    Your focus should be on caring for your child, not on managing a legal case. Many personal injury lawyers are happy to offer free evaluations and to charge no attorneys’ fees up front, making it easier and more affordable to get the legal help you want.

    Proving Toxic Baby Food Caused Your Child Harm

    Getting fair compensation is not always easy. The court will want to see very strong and specific evidence of the following:

    • The baby food company or retailer knew of the unhealthy levels of toxic ingredients in its products but took no action to protect consumers. 
    • You used the contaminated baby food. 
    • Your child was diagnosed with a health condition known to be connected with the toxin in question, and it is unlikely they would have developed that condition if not for the contaminated baby food. 

    This evidence could come from your child’s medical records, the liable party’s records, scientific tests carried out on baby food samples, testimony from experts in pediatric health, and more.

    If you believe you have evidence that could strengthen your case, be sure to let your lawyer know. Your attorney can also request materials from you or take your statement to submit it as evidence.

    Suing Over Toxic Ingredients in Baby Food

    If a baby food company endangered your child by using toxic ingredients, you could file a lawsuit against any and all liable parties being sued for negligence. We have access to a nationwide network of mass torts attorneys who can help you build your case and fight for what you deserve. Fill out our contact form to get started today.

  • How Are Damages Assessed in a Toxic Contamination Case?

    There are many factors that go into assessing damages in a toxic contamination case, including a victim’s age, how the contamination occurred, the severity of a victim’s damages, and how much medical treatment cost. While it’s possible for a victim of toxic contamination to determine their case’s value independently, this is often challenging––especially when it comes to understanding the cost of their non-economic damages. 

    If you or a loved one suffered harm because of a toxic contaminant, you should consider partnering with a personal injury attorney. Not only can they determine how much you’re owed, but they can also identify the liable party and negotiate a fair settlement. 

    Damages Assessed in Toxic Contamination Cases

    When you partner with an attorney, they’ll consider the following information to calculate your losses: 

    The Condition You Developed 

    The condition you developed from the toxic contamination can influence how much money you can recover and what it’s expected to cover. Per the World Health Organization (WHO), some illnesses that can arise from contaminated air, water, and other mediums include: 

    • Polio 
    • Typhoid 
    • Dysentery 
    • Cholera 
    • Cancer 
    • Respiratory infections 
    • “Tropical” diseases

    The more serious your condition, the more compensation you could request from the liable party. 

    Evidence Related to the Toxic Contamination

    An injury lawyer will collect as much evidence of your toxic contamination injury as possible. This information includes your medical records, samples of the contamination, expert analysis and testimony, and more. 

    With this information, a lawyer can better determine the full scope of your injuries or illnesses, link the contamination to your condition, and prove liability.

    Proof of Financial Hardship

    Your lawyer will use the following information to demonstrate your financial losses: 

    • Medical bills
    • Income statements and paystubs
    • Your financial records
    • Property appraisals
    • Testimony from third-party field consultants 

    Your lawyer may use other information to supplement your case’s value. 

    Your Age 

    Your age at the time of the exposure can also be an important factor in assessing your recoverable damages. For example, children who are exposed to toxic substances, such as through water contamination, are more likely to develop serious conditions, including developmental delays and intellectual disabilities. Seniors could face fatal conditions that lead to premature death. 

    Each of these things can influence how much you can recover through a claim or lawsuit. 

    Whether Your Case Is Suited for a Mass Tort 

    How much you can recover may depend on whether you join other injured claimants in a mass tort. In these situations, your case is combined with others that have similar complaints. Then, if the judge awards compensation, you get a settlement that reflects your unique hardships. This is different than a class action lawsuit, where you would split the awarded amount with the other plaintiffs. 

    When you join a mass tort, you get to share resources with others involved in your case. This could create a compelling argument that convinces the liable party to settle. 

    How Many People Are Involved in Your Case 

    You might file a toxic contamination claim and list yourself as the only injured party. However, if the contaminant affected multiple people in your household, you could seek recovery for multiple people. The more people involved in your case, the more damages you could seek. 

    Whether Any Damages in Your Case Are Taxable 

    Most damages in your personal injury or wrongful death case aren’t taxable, per the Internal Revenue Service (IRS). However, your case may warrant punitive damages, which punish the at-fault party for their negligence. 

    Punitive damages aren’t meant to compensate you for any particular expense. So, the IRS can tax them. This could reduce how much you can ultimately recover if punitive damages make up a significant portion of your case’s value. 

    Your Quality of Life 

    Toxic contamination exposure can result in cancer and other life-threatening conditions. If your condition affects your mobility, day-to-day function, and overall happiness, you could include these hardships in your case’s value. How much you get depends on the court or the insurance company’s discretion. Your lawyer can fight for everything you’re owed. 

    Recoverable Damages in Toxic Contamination Cases

    There are many damages you could include in your toxic contamination lawsuit. But what you can claim depends on the ways in which you suffered. For example, you can only claim lost income if your condition caused you to miss time from work. You can only claim wrongful death-related expenses if you lost a loved one. 

    Still, some general compensable losses in your case may comprise: 

    • Current medical expenses: You may have hospital bills piling up, outstanding health insurance claims, and out-of-pocket costs for medication. You can claim all of these medical expenses and more, such as emergency care, surgeries, in-home health care, and more. 
    • Future medical expenses: Many toxic contamination victims suffer from chronic illnesses or hard-to-cure diseases that require many months or years of treatment. It can be hard to estimate what kinds of treatment you may require. A personal injury lawyer can consult with medical professionals to understand your prognosis and determine your future expenses. 
    • Lost income during your recovery: Many toxic contamination injuries and illnesses require victims to take time off from work. This could leave you and your family struggling to pay bills. You can claim any income you lost during your recovery period, which may include lost tips, bonuses, commissions, freelance work, and benefits. 
    • Reduced earning potential: If you are unable to return to work in the same capacity or at all, you can also claim lost income in that regard, too. 
    • Property damage: Some types of toxic contamination, including water contamination, can cause serious and costly damage to a person’s, family’s, or business’s property. You can get your property damage appraised and add up repair costs you’ve already paid out, then pursue a claim to cover those expenses. 
    • Pain and suffering: Victims of toxic contamination can suffer physical pain, emotional anguish, trauma, inconvenience, discomfort, and an overall loss of quality of life. All of this and more can be claimed in a toxic contamination case. 
    • Any out-of-pocket expenses. You may have already spent some of your own money on various expenses, including relocation costs. Those losses are compensable. 
    • Wrongful death-related expenses: If you lost a loved one due to toxic contamination, you could recover compensation for any resulting expenses. You can claim funeral expenses, leftover medical expenses, lost household income, loss of emotional support, and more.

    Every toxic contamination case comes with its own set of recoverable damages. That goes for your case, too. What you can recover (and how much) ultimately depends on your situation. 

    How Long Does It Take to Recover Damages in a Toxic Contamination Case?

    Your case’s progression depends on many factors, primarily, the negligent party’s willingness to settle. If the negligent party refutes liability, it may offer what you need without a complicated courtroom battle. However, not all cases progress in that way. Some claimants must wait months (or even years) to recover the funds they need. 

    When you partner with an attorney, they aim to resolve your case with the best possible outcome. However, the best possible outcome doesn’t always mean a speedy one. Your lawyer can do everything possible to secure fair compensation and advocate for what you deserve. 

    You Could Get Damages Through a Lump Sum or Structured Settlement 

    If you’re awarded compensation, you could get it as: 

    • A lump sum settlement. Here, you would get compensated for your losses all at once. This would award immediate compensation for your losses. 
    • A structured settlement. In this situation, you would get payments spread over a certain period. For instance, you could receive a few hundred dollars each month until the final sum is paid. 

    Your lawyer intends to recover the funds you need to move forward.

    Damages Awarded in Recent Toxic Contamination Cases

    Over the past few years, the U.S. has seen multiple large-scale toxic contamination cases, involving water contamination, soil contamination, hazardous or defective products, and more. 

    One reason for these lawsuits is that the more scientists learn about toxins, the more connections they make to related illnesses. Below, one can read about some toxic commination cases, along with the damages injured claimants are seeking (or have sought). 

    PFAS Cases in the U.S. Seek Restitution for Healthcare Expenses 

    Per- and polyfluoroalkyl substances (PFAS) are incredibly harmful toxic contaminants that can pollute water supplies, like groundwater and bodies of water. Also known as “forever chemicals,” PFAS are compounds that take many years to break down and continue to pollute the areas in which they were used.

    Reuters reports that, of the cases unfolding right now, plaintiffs are seeking compensation for healthcare expenses. In one case against DuPont, the court awarded the injured party $40 million for their damages. The plaintiff alleged that because of PFAS in a public waterway, he developed cancer. 

    Camp Lejeune’s Industrial Solvents Lawsuits Seek a Host of Expenses 

    From 1953 to 1987, the U.S. Navy allowed toxic chemicals to be discarded around the U.S. Marine Corps Base Camp Lejeune in North Carolina. Many civilians, military personnel, and their families were potentially exposed to chemicals like trichloroethylene (TCE), tetrachloroethylene (PCE), and vinyl chloride, all of which are linked to serious medical conditions like cancer, infertility, miscarriages, and neurological disorders. 

    Many of these cases are still unfolding. However, in 2017, the U.S. Department of Veterans Affairs (VA) received $2 billion to compensate plaintiffs for their losses. Many claimants seek reimbursement for their medical bills and out-of-pocket damages. 

    Flint Water Crisis Cases Sought Recovery for Many Expenses 

    In 2014, the City of Flint, Michigan, changed its water supply from safe, clean water in Detroit to the Flint River. This new water source was known to have been polluted for years, and community members in Flint spent multiple years drinking and using this water that contained hazardous amounts of lead. 

    Settlements from the Flint Water Crisis included compensation for: 

    • Relocation expenses
    • Water filtration systems 
    • Disability
    • Medical expenses 
    • Pain, suffering, and other non-economic damages 

    MBTE Contamination Cases Have Yielded More Than $20 Million in Damages 

    Methyl tertiary-butyl ether (MTBE) is a gasoline additive linked to cancer, and it’s been found in well water and reservoirs in 17 different U.S. states. Law firms around the country launched a class action lawsuit, representing people from over 150 communities impacted by the negligent chemical disposal of powerful oil corporations. 

    Per the State of Rhode Island Attorney General Peter F. Neronha, these cases have resulted in $20 million in damages for the state alone. Along with other toxic contamination cases, these damages sought to reimburse claimants for their healthcare expenses and other related losses.

    How a Lawyer Can Help Your Toxic Contamination Case

    In addition to identifying what damages you can seek in a toxic contamination case, a personal injury lawyer can: 

    • Investigate the cause of your injury and other damages
    • Gather evidence to determine what type of contaminant caused your injuries
    • Establish negligence
    • Identify all liable parties in your case 
    • Explore your legal options, including class action lawsuits and individual filings
    • File legal complaints and lawsuits on your behalf
    • Negotiate a fair settlement
    • Represent you in all hearings
    • Protect your right to recover compensation
    • Stand up against large corporations or government entities

    Navigating a personal injury case can be complex for any victim. But when it comes to a toxic contamination case, negligent parties may be more aggressive in undermining claims or pressuring victims into accepting low offers. When you work with a mass tort attorney or a toxic contamination lawyer, you can put the best case forward.

    Get a Free Case Evaluation With a Lawyer Near You

    If you or a loved one suffered injuries from toxic contamination, you could recover damages. Now that you know how damages are assessed, you should consider connecting with a mass torts lawyer. They can answer your questions and guide you throughout the claims process. Fill out this contact form to get started.

  • Is There a Class Action Lawsuit Against Camp Lejeune for Water Contamination

    Is There a Class Action Lawsuit Against Camp Lejeune for Water Contamination

    According to the Agency for Toxic Substances and Disease Registry (ATSDR), there is no class action lawsuit against Camp Lejeune for water contamination as of November 2022. However, the United States Marine Corps is accepting claims. In 2022, U.S. Congress passed a bill that allowed certain individuals to recover damages after exposure to contaminated water at Camp Lejeune. All those eligible and who suffered a condition related to Camp Lejeune contamination can either seek benefits and/or file a lawsuit to recover the damages they deserve. 

    If you or your family members served at Camp Lejeune and you would like more information about how to recover damages, a lawyer with experience in filing Camp Lejeune lawsuits can help you.

    Background on Water Contamination at Camp Lejeune

    If you served at Camp Lejeune or Marine Corps Air Station (MCAS) New River, you may have been exposed to contaminated water. In the early 1980s, it was discovered that chemicals were contaminating the water of Camp Lejeune. It is believed that the contamination began as early as 1953 when an off-base dry cleaner contaminated groundwater with chemicals. (PBS NewsHour) 

    The contaminants found in drinking water have been proven to significantly increase the risk of cancer in individuals exposed to it through drinking, bathing, cooking, or other uses. If you were stationed at one of these bases during the time period specified by the U.S. Department of Veterans Affairs (VA), then you may be able to recover compensation and benefits. However, to do so, you must meet certain requirements.

    In 2009, the first lawsuit was filed against the U.S. Government for damages related to Camp Lejeune contamination. From there, numerous lawsuits were filed, though there was little success at first. Many of the initial lawsuits were consolidated into multi-district litigation. Unfortunately, they were initially dismissed in court. Eventually, the United States government took action, working to create a legal pathway for people affected by Camp Lejeune contamination to sue the government and seek compensation for their health issues.

    Who Qualifies for the Camp Lejeune Lawsuit?

    In order to be eligible for disability benefits from the VA and further compensation, you must meet the requirements set forth by Congress and the VA. These requirements consist of proving that you:

    • Served at Camp Lejeune or MCAS New River at some point between August 1, 1953 and December 31, 1987
    • Served for at least 30 cumulative days throughout that time period
    • Were not dishonorably discharged from the military

    Not everyone who served at Camp Lejeune and MCAS New River and meets the above requirements will be able to join a lawsuit. It was determined that in order to file for compensation, you must have also been diagnosed with one or more of the following eight presumptive illnesses:

    • Adult leukemia
    • Aplastic anemia and myelodysplastic syndromes
    • Kidney cancer
    • Liver cancer
    • Bladder cancer
    • Non-Hodgkin’s lymphoma
    • Parkinson’s disease
    • Multiple myeloma

    If you have medical records stating that you have or have had one of these presumptive illnesses and you served at Camp Lejeune between 1953 and 1987, then you may want to seek the assistance of a lawyer or file a claim with the VA. If you are unsure of which route is best for you, you can contact a lawyer for a free consultation to determine your best path forward.

    Can Family Members Acquire Benefits?

    Family members who were also on the premises of Camp Lejeune or MCAS New River for 30 or more days from 1953 through 1987 are also able to apply for benefits and compensation. These benefits would be separate from those acquired by the person who was actively serving in the military.

    There are different requirements for family members to recover compensation, including a list of 15 health-related issues that could qualify them for benefits. These health conditions are:

    • Bladder cancer
    • Breast cancer
    • Esophageal cancer
    • Female infertility
    • Hepatic steatosis
    • Kidney cancer
    • Leukemia
    • Lung cancer
    • Miscarriage
    • Multiple myeloma
    • Myelodysplastic syndromes
    • Neurobehavioral effects
    • Non-Hodgkin’s lymphoma
    • Renal toxicity
    • Scleroderma

    How to Obtain Benefits

    If you suffered one of these illnesses, then you should consider filing a lawsuit. Before you do, you should ensure that you meet all of the following requirements:

    • You can prove that you are related to a veteran.
    • You can prove that you were on the base for at least 30 days from 1953-1987.
    • You have the medical records that can prove you suffered one of the above health conditions.

    If you meet all of these requirements, then you can recover benefits from the VA. Additionally, you are entitled to any out-of-pocket medical expenses for the health issues you experienced.

    How Much Are Camp Lejeune Lawsuits Settling For?

    In 2017, the government offered over $2 billion in disability benefits to veterans who were exposed to contaminated drinking water at Camp Lejeune. However, filing a lawsuit is a separate matter from the benefits available from the VA. The settlement that you receive will differ depending on how severe the illnesses and health conditions suffered by you and your family were.

    If you were diagnosed with cancer or if the family members who lived with you at Camp Lejeune suffered one of the qualifying health conditions, then you could be entitled to a significant amount of compensation. You could seek damages for your health care costs and pain and suffering, among other losses.

    Contact a Class Action Lawsuit Lawyer Today

    If you were stationed at Camp Lejeune for 30 or more days from 1953 through 1987, you may be entitled to financial compensation. An attorney can help you file an individual claim or join a class action lawsuit if one is formed.

     By working with an attorney, you can ensure that you are apprised of the latest facts regarding the Camp Lejeune lawsuit. Your mass torts lawyer will be able to guide you through the process, determine the amount of money you should seek, and define any benefits that you should be able to obtain. With a lawyer’s guidance, you can ensure that you are not obtaining a lower settlement than you deserve. When you are ready to recover compensation for the damages you suffered as a result of Camp Lejeune water contamination, fill out the contact form on our website.

  • Surgical Staples Lawsuit Eligibility

    Surgical Staples Lawsuit Eligibility

    If you have had a complex surgery, there is a chance that you have had surgical staples inserted into your body. Staples are used as an alternative to stitches when stitches would not be a sufficient solution for healing a wound following surgery. 

    Surgical staples have been used for decades and were thought to be relatively safe. However, in recent years, there has been evidence that surgical staples can cause adverse reactions that can lead to life-threatening health complications.

    Due to how product defects were reported to the Food and Drug Administration (FDA), fewer instances were being initially reported of surgical staples causing serious health problems than were taking place. This led to surgical staples continuing to be used, but the side effects and possible complications were not disclosed to patients before surgery. 

    Unfortunately, this meant that complications continued to occur, leading to many individuals suffering serious health issues and looking for solutions to recover compensation. If you or a loved one has suffered health problems following surgery with one of the FDA’s recalled surgical staples, you may be eligible to file a lawsuit and recover financial compensation. 

    Why Were Surgical Staples Recalled?

    Surgical staples were recalled due to manufacturing defects that led to life-threatening health complications in patients. These defects went relatively unnoticed for an extended period due to a reporting flaw between companies and the FDA. With the FDA unaware of complications, surgical staples with defects continued to be manufactured and used in surgeries through 2018. 

    In 2019, the FDA became aware of what was happening and immediately notified hospitals of the dangers of surgical staples. This led to a massive recall and made the public aware that injuries suffered following surgery could result from the staples implemented. 

    With this new information, lawsuits were brought forward by hundreds of plaintiffs. The lawsuits listed severe injuries, including sepsis, damaged internal organs, fissures, and excessive bleeding. Even though these complications occurred, they can be unfortunate side effects from many different surgeries. Since these side effects are not entirely uncommon, those who suffered them likely did not know there was the potential for a lawsuit. 

    Due to the FDA’s statement regarding surgical staples, there is now more evidence that surgical staples led to an increased risk for life-altering damages. Lawsuits continue to be brought forward as more people become aware that their injuries and any surgeries that need to be conducted for a second time could be the result of the staples they received.

    What Surgical Staples Were Recalled?

    After the FDA notified hospitals and doctors of the dangers of certain surgical staples, manufacturers were left with no choice but to recall them. The recalled staples include:

    • Medtronic
    • Ethicon ECHELON 60mm Endoscopic Linear Cutter Reloads Black
    • Ethicon Endopath Echelon Flex Powered Vascular Staplers with Advanced Placement Tip and White Reloads
    • Ethicon Endo-Surgery Curved Intraluminal Stapler with Adjustable Height Staples
    • Ethicon Endo-Surgery Endoscopic Curved Intraluminal Stapler with Adjustable Height Staples

    The Medtronic recall of 2019 was the largest stapler recall, with 3,113,280 staplers being removed from hospitals due to manufacturing defects that led to poor performance. In 2019, Ethicon recalled both of their Endo-Surgery products, resulting in 92,946 staplers being recalled. In 2018, just before the FDA issued its warnings, Medtronic recalled 171,271 staplers.

    You will likely not know what stapler was used during your surgery, but a lawyer can help review your medical records and surgical history to determine if the staples used are the ones that could make you eligible for a lawsuit. 

    How to File a Surgical Staple Lawsuit

    Filing a surgical staple lawsuit can be overwhelming, so you might decide to consult with an attorney about your case. If you do, you will want to ensure that you find one that best suits your needs. During this initial period, make sure to discuss rates with any attorneys you reach out to. Many law firms will not collect any payment unless you win your lawsuit, but you want to ensure you understand how much of your settlement will go to your Surgical Staple lawsuit lawyer following a positive conclusion to your case. 

    After you have spoken with a few attorneys and have found the one you feel most comfortable with, the attention will turn to filing your lawsuit. As they gather information, your attorney will work closely with medical professionals and other experts on surgical staples to determine what harm was caused to you by a defect. 

    Once your attorney has filed your lawsuit, they will likely start to work on reaching optimal compensation for you. During this time, while they work on your behalf to ensure that you are treated fairly, you will be able to rest and recover from your injuries.

    What is the Status of Surgical Staple Lawsuits?

    Surgical staple lawsuits are still in the early stages, but those that have been settled in the past have resulted in high compensation for plaintiffs. To date, the largest settlement was $80 million, which was reduced to $19.6 million when it was determined that there was a maximum for punitive damages.

    When it comes to lawsuits, how much you ultimately settle for depends on the severity of your injuries and how they have altered your life. Your injuries may be life-altering, or they may result in multiple surgeries but not necessarily affect your everyday life once the surgeries have been completed. 

    If your complications lead you to change professions or unable to work, you will be more likely to receive a larger settlement than someone who goes back to everyday life following the resolution of their complications. All these factors determine how much you should be entitled to when a settlement or verdict is reached.

    To date, there has not been any multi-district litigation filed. This means that all lawsuits that have been settled have been filed individually, and settlements have been reached without relying on evidence from other similar cases that are being reviewed simultaneously.

    Mass tort and class action lawsuits may be forthcoming, and with the evidence mounting for surgical staples causing such adverse effects, more lawsuits will likely be brought forth in the coming months. If mass tort lawsuits come to fruition, it is likely that more people will start to see settlements reached.

    If your lawsuit can stand on its own, then you may be able to settle your lawsuit or reach a verdict in court before a mass tort is filed. There is no reason to delay filing, if you do not file in a timely fashion, it could result in missing the statute of limitations deadline.

    Am I Qualified for A Surgical Staples Lawsuit?

    There are many reasons you may or may not be eligible to file a lawsuit, so you might decide the best way to make sure is to discuss your case with a legal expert who has experience with personal injury and mass tort lawsuits. 

    Simply put, if you underwent surgery that required surgical staples to be implemented and are now suffering health complications, you likely qualify for a lawsuit. It is okay if you are unsure, as the lawyers that you speak with will be able to give you a better idea of if your complications should lead to a lawsuit.

    Once a personal injury lawyer has agreed to take your lawsuit, they will ask a series of questions regarding your surgery and the complications you suffered. This will help them gain perspective on what you are going through and compare your circumstances to other lawsuits that have been settled previously. Make sure to ask all of the questions that you have and explain thoroughly the symptoms and complications you have suffered.

    What Can I Recover in a Surgical Staples Lawsuit?

    You may be able to recover economic and non-economic damages if you have suffered complications from surgical staples. Economic damages include medical bills covering your hospital stay, surgery fees, and other medical interventions. These damages also include lost wages, lost future earnings due to a disability, or another serious side effect that causes you to not perform at your job the way you previously did.

    Non-economic damages include pain and suffering, loss of enjoyment of life, loss of companionship, and emotional distress. There may not be a clear monetary value associated with these damages, but your Surgical Staples Lawsuit lawyer can review your particular damages and compare them to other settlements.

    If you have suffered any of these damages from health complications due to surgical staples, you are eligible to file a lawsuit against the manufacturers of the surgical staples and potentially the hospital where they were administered. Your attorney will work with you to achieve optimal compensation. 

    Speak with a Surgical Staples Lawsuit Attorney Today

    If you or a loved one has suffered due to complications from surgical staples, you have options for recovering compensation. Starting the process as soon as possible is key to ensuring that you take the necessary time to find the right lawyer for you and get your lawsuit filed within the statute of limitations. As the deadline approaches, you do not want to feel rushed as you try to find a mass tort attorney who can help you. 

    If at any time during the post-surgery period, you feel that surgical staples could be the reason for your health complications, you may want to reach out for legal counsel. A ,personal injury attorney will be able to assist you with your lawsuit, and file one should it be necessary.

    The best thing you and your loved ones can do is remain calm and speak with professionals about your health so that you can focus all your attention on getting healthy. When you are ready to take the next step and seek legal representation from a mass tort attorney, do not hesitate to fill out the contact form on our website. 

    References:

    Include all of your sources here, except for those already included as external links in the body of the piece. You cannot use internal links (other pages on the client’s website) as the basis for a legal claim. If you learned the information from an internal link, you must either verify it using an external link (to be included below) or remove the claim. Internal links are acceptable sources for information pertaining to the client itself, such as from their About Us page.

    1. https://www.fda.gov/
    2. https://www.drugwatch.com/surgical-staplers/lawsuits/
  • What Kind of Cancer Does Zantac Cause?

    What Kind of Cancer Does Zantac Cause?

    Zantac was a ranitidine drug that was a common antacid used to treat and prevent gastroenterological issues, such as heartburn, stomach ulcers, GERD, and other conditions. The drug served as an over-the-counter and prescription solution to problems caused due to digestive issues. In 2020, however, the FDA stated that Zantac contained a chemical that could result in an increased risk for certain types of cancer, such as stomach and intestinal cancer. Thus Zantac was pulled from shelves by the FDA, then replaced in 2021 with a drug called Zantac 360°.

    If you or a loved one was diagnosed with cancer that could be the result of Zantac usage, then you could file a lawsuit to seek compensation for your damages. Understanding what kinds of cancer Zantac causes can help you determine whether you have a potential lawsuit. Many types of cancers have been linked to Zantac usage, including ones that do not directly affect the digestive system. If you believe your cancer could be due to Zantac, seek legal assistance from a mass tort lawsuit attorney with experience in similar cases.

    Kinds of Cancer Potentially Caused by Zantac

    The active ingredient in Zantac is ranitidine, which can prove unstable in certain storage conditions. Over time, ranitidine can be contaminated by N-Nitrosodimethylamine (NDMA), a known carcinogen. 

    Therefore, quite a few cancers have been linked to Zantac. According to the details from the Zantac multidistrict litigation action, MDL No. 2924, the most common types that have been discovered are:

    • Intestinal cancer
    • Stomach cancer
    • Esophageal cancer
    • Kidney cancer
    • Liver cancer
    • Bladder cancer
    • Pancreatic cancer

    Zantac’s representatives may not readily agree that the product is linked to these cancers. However, substantial research, including animal studies, human dietary studies, and scientific articles, suggests a significant link between ranitidine and cancer. 

    Due to these health concerns, the FDA recalled Zantac products in 2020. Since that time, hundreds of lawsuits have been filed against the drug manufacturer. While no settlements have been reached at this point, the case is still in its early stages. However, just because there are no settlements yet does not mean that you should not seek legal help if you believe that Zantac caused your cancer.

    If you used Zantac frequently and have not been diagnosed with cancer, knowing some of the earliest symptoms of cancer can help you seek treatment in a timely fashion. Catching cancer early can be integral to making a complete recovery. Be alert for some of the most common early symptoms, including:

    • Extreme fatigue
    • Significant weight loss for no explainable reason
    • Noticeable changes in eating habits, such as not feeling hungry or constant nausea, vomiting, and stomach pain
    • Night sweats
    • Pain that does not go away or get better with treatment
    • Change in bowel habits
    • Easy bruising or other new skin conditions

    Depending on the type of cancer that you have, you could see a variety of other symptoms as well. 

    If you are noticing changes in your body that are unexplainable, then you should speak with a medical professional about the symptoms you are suffering. Let them know that you were taking Zantac and that the drug could potentially lead to an increase in cancer risk.

    Research Continues on Why Zantac May Cause Cancer

    The Zantac lawsuits are still in their early stages, and no single study definitely proves a link between human patients using ranitidine and cancer. However, the plaintiffs’ attorneys indicate that significant evidence exists to show that Zantac was likely the cause of the cancers presented in the lawsuits. 

    Among other types of studies, scientific articles have used data from the FDA’s adverse health reporting system (FAERS) to determine how ranitidine in Zantac could affect patient health. In one study, researchers found enough evidence to show that gastrointestinal cancer was caused by patients’ intake of ranitidine products. (Cancers)

    Importantly, plaintiffs can also point to the FDA recall to show the seriousness of Zantac’s health risks. According to the FDA’s recall language, long-term exposure to high levels of NDMA—as can be present in Zantac—can lead to cancer.

    What Is Zantac?

    Zantac was a drug used to treat many gastrointestinal issues, including ulcers and heartburn. The generic name for Zantac is ranitidine, which is a drug that the FDA linked to increases in the carcinogen NDMA.

    Ranitidine was available both over-the-counter and as a prescription until it was pulled from the market in 2020. When Zantac 360° was released in 2021, it contained a different ingredient, famotidine, which does not carry with it the same cancer risks as ranitidine. Therefore, while Zantac may cause cancer, there is no such evidence that Zantac 360°, the drug currently on the market, does the same.

    What is NDMA?

    N-Nitrosodimethylamine (NDMA) is a liquid chemical that was labeled by the International Agency for Research on Cancer (IARC) as a group 2A carcinogen. This means that there is evidence that the chemical causes cancer in humans. NDMA can present itself in water, soil, and even be airborne. 

    As of 2018, the FDA began reporting that many medicines were becoming affected by the chemical. This finding determined that the tainted medication was potentially causing an increase in cancer risk for those who used the medications. Zantac was one of the first drugs recalled by the FDA for having high levels of NDMA present in it.

    NDMA is present in many foods and beverages, yet small amounts of the chemical aren’t a problem, and the body can normally release it in a short amount of time. However, if one becomes exposed to high amounts of the chemical, then the chances of adverse effects, including cancer, may increase.

    What Symptoms Accompany NDMA Exposure?

    NDMA exposure can mimic a lot of other health problems initially, and the early side effects are common to other health concerns. 

    Per the EPA, some of the most common symptoms include headache, fever, nausea, vomiting, abdominal cramps, and dizziness. In more severe cases, a person who suffers overexposure to NDMA may suffer jaundice and liver, kidney, and lung problems.

    Why Get Help From a Lawyer?

    If you believe that Zantac caused your cancer, having a lawyer on your side can be crucial to ensuring that you seek proper compensation. You will want to have a personal injury lawyer who understands the current lawsuits and has a track record of settling such cases favorably for their clients. In addition to offering their legal knowledge, lawyers can help you by:

    • Reviewing medical records
    • Reviewing lawsuits that have already been brought forward
    • Comparing your symptoms and side effects to others already involved in the lawsuit
    • Speaking with medical professionals
    • Determining the optimal compensation for you

    Working with a lawyer takes the stress and pressure off of you. With an attorney working alongside you, you are not tasked with trying to figure out how you fit into the current lawsuit and how your case compares to others. A lawyer will be able to figure out if your situation meets the requirements for a lawsuit, and if they determine that you are eligible for the lawsuit, they can represent you.

    Without a lawyer, you could face many challenges to your case. In addition, with the Zantac lawsuits being so new and so much research still being done, a lawyer can keep you up to date on findings and other pertinent information related to the case. It is your lawyer’s job to ensure that they are on top of any changes that might affect your lawsuit, then keep you informed of how to proceed. As your lawyer fights for you, you can recover and receive the treatment necessary for your condition.

    What Is the Status of Zantac Lawsuits?

    Mass tort lawsuits involving Zantac are already progressing. California is the first state to set a trial date, with October 10, 2022 listed as the day that the trial against the manufacturer of Zantac will begin. Though this is the first state to set a date, other states could ultimately set earlier dates for bellwether trials.

    In Florida, multidistrict litigation is underway. Judge Rosenberg in the U.S. District Court in the Southern District of Florida will oversee this case, MDL 2924. Over 2,000 lawsuits are part of this case. 

    At the moment, there have not been any settlements issued to plaintiffs in these cases. Though a settlement or award is not guaranteed, this could start to change once bellwether trials get underway.

    What Damages Could I Get in a Lawsuit?

    Many people who face cancer diagnoses face serious bills and other life challenges. A settlement or award from a Zantac lawsuit could help you pay for these expenses.

    A Zantac lawsuit attorney can tell you if you qualify to seek these common damages in a Zantac case:

    • Medical bills: This includes the cost of past, present, and future care needs. You could recover expenses such as for medications, surgeries, hospitalizations, chemotherapy, and more.
    • Lost income: This could include missed paychecks or a reduced ability to earn your normal income.
    • Pain and suffering: Cancer can be overwhelming to live with. You could seek damages for your emotional harm and physical pain.
    • Wrongful death damages: If you lost a loved one to cancer, you could seek compensation for end-of-life care, lost income to your family, and more.

    How Much Could I Receive in a Zantac Settlement?

    With no settlements, it is hard to know exactly how much your case could settle for. In general, plaintiffs receive a payout based on these factors:

    • The severity of their injuries
    • The cost of their medical bills
    • The impact on their life and ability to work
    • The strength of the evidence in their case 

    One of the best things that you can do is to contact a law firm if you believe that your cancer was caused by Zantac. There is no benefit to waiting to present your lawsuit. After all, each state restricts the time you have to file a lawsuit for a dangerous drug injury. If you think you have a case, then you should seek legal assistance and get involved with the process as soon as possible.

    Law Firms Offer Free Case Reviews So You Can Learn Your Options

    There are many law firms out there, so you should speak to a few before deciding who you want to represent you. Many law firms offer free case reviews, so you can use this time to evaluate your legal options. Make sure that you use your initial consultations to express any concerns or questions that you have regarding your specific situation. You want to work with a law firm that is receptive to your concerns.

    You will be sharing a lot of personal information with the attorney you choose, so make sure that you choose a law firm that cares about you and your case. Having a lawyer on your side with mass tort experience can help you steer your case through any legal challenges. 

    Do your research and find a law firm that understands the current Zantac mass tort lawsuits and the kinds of cancers linked to the usage of the product. Speak with several law firms and get case reviews from each one. Then, choose the firm that seems most capable of supporting you and seeking the results you need. 

    Get Help From a Law Firm That Cares

    When you have suffered negative health effects from a drug like Zantac, your situation can feel hopeless. However, you have options. With information being revealed about the negative effects Zantac had on patients’ health, there is hope that those who suffered the most could be properly compensated.

    If you feel that your cancer was caused due to your use of Zantac, one of the best things you can do is speak with a Mass Tort law firm. When you are ready to take the next step and seek legal representation, fill out the contact form on our website.

  • Are Surgical Staples Safe?

    Are Surgical Staples Safe?

    Surgical staples are used in a variety of surgeries as a way of closing a wound. Staples are generally used as an alternative to stitches during complex surgeries when stitches would take too long or would not sufficiently close the opening. Over the years, surgical staples have generally been thought of as safe, however, recent developments have shown an increasing number of adverse reactions to the product. 

    In 2019, studies conducted by the U.S. Food and Drug Administration (FDA) found that over 41,000 reports were made by patients who had received surgical staples between January 1, 2011, and March 31, 2018. During this time, 366 deaths were reported, along with many side effects and health problems caused by staples. Throughout 2019, the FDA issued recalls regarding surgical staplers and the staples they implanted due to ongoing concern with the product. 

    This recall opened up surgical stapler manufacturers to lawsuits. If you or a loved one has suffered health problems due to surgical staples that were recalled by the FDA, then you may have the opportunity to recover compensation for your damages and should seek the assistance of a mass tort lawsuit attorney. When you are ready to take the next step to recover compensation for the damages suffered, please fill out this form on our website. 

    Injuries Claimed in Surgical Staple Lawsuits

    Lawsuits against surgical stapler manufacturers have claimed injuries that vary in their severity. While the injuries listed can be life-threatening, one of the difficulties with the current lawsuits is proving that surgical staples were the cause of the injuries. 

    Since surgical staples are implanted during surgeries, the body is already at a greater risk for negative health effects. With that being said, some of the most common severe injuries listed in surgical staple lawsuits are:

    • Damaged internal organs
    • Sepsis
    • An abnormal connection that occurs between organs or tissues in the body
    • Bleeding

    These complications are a risk of most surgeries, but with the recent FDA recall of surgical staplers produced by certain manufacturers, there is increasing evidence that staples could be the cause for many more of these types of complications than previously expected.

    If you recently went through a surgery that involved surgical staples and you believe you are suffering from any of the above complications, then you should seek medical attention immediately. After your health has been monitored, you should seek the assistance of an attorney who can help you recover compensation for damages.

    Manufacturers and Surgical Stapler Recalls

    There are two main manufacturers of surgical staplers that have been listed in recalls over the past decade. The largest number of recalled staplers was from 2019 when Medtronic recalled 3,113,280 staplers. In 2018, Medtronic recalled another 171,271 staplers as a result of similar conditions being observed following surgery.

    The other main manufacturer to issue a recall was Ethicon. In the past decade, the company has issued three separate recalls of four different products. In 2013, they recalled 57,540 ECHELON 60mm Endoscopic Linear Cutter Reloads Black, then in 2015, they recalled 6,744 Endopath Echelon Flex Powered Vascular Staplers with Advanced Placement Tip and White Reloads.

    Most recently, Ethicon recalled 92,946 staplers in 2019. The staplers recalled consisted of two products, the Endo-Surgery Curved Intraluminal Stapler with Adjustable Height Staples and the Endo-Surgery Endoscopic Curved Intraluminal Stapler with Adjustable Height Staples. There are other manufacturers of surgical staplers, but they have not endured any major recalls at this moment.

    What Manufacturing Defects Led to Recalls?

    In the most recent recall from Ethicon, the reason listed was that two patients had portions of their rectums cut due to an error during the implanting of the staples. This description makes it seem as though the issue was because of surgeon error, but it looks likely that a manufacturing defect caused the problem.

    In both recalls from Medtronics, the reason for the recall was a manufacturing defect. In both 2018 and 2019, it was determined that there were missing pieces of the surgical staplers that were affecting staple alignment. Because of the misalignment of the staples, patients were experiencing serious complications following surgery.

    Both of these instances are very different from what was reported in 2013 and 2015 by Ethicon. During that time, the stapler manufacturer was seeing problems with both reloading and the proper amount of staples being used during surgery. These issues have not been mentioned in any of the more recent recalls. 

    While these are the main reasons for the recalls, there is still more being uncovered about what other factors could be leading to surgical staplers producing at a lower level than expected. Because this is a relatively new problem, the amount of information known is less than is known about other problems. However, there is extensive research being done to figure out exactly what is causing such severe complications.

    Role of the FDA in Making Surgical Staples Safe

    Due to a lack of reporting by companies, the FDA was not made aware of a majority of surgical staple issues between 2011 and 2018. While manufacturers are required to report serious injuries and deaths to the FDA for their public database, this step was being disregarded by many. In fact, there was another database that was bypassing the FDA, which was listing numerous injuries that were occurring because of staples.

    When the FDA was made aware of the secret database and the resulting injuries and deaths that were unreported, they immediately began to change their recommendations regarding surgical staples. In 2019, the FDA immediately made doctors and hospitals aware of the dangers surrounding surgical staples and issued guidance on how to properly use and implement them.

    With the FDA aware of the problems that had been occurring for the majority of a decade, manufacturers had no choice but to recall products that were causing damaging side effects to patients.

    Surgical Staples Lawsuits

    Surgical staples lawsuits are still in their very early stages with individual lawsuits forming but no official mass tort or class action lawsuit filed yet. However, with the recall, and the increasing number of lawsuits that have followed, multi-district litigation will likely be filed soon. 

    Even though there is no guarantee that mass tort or class action lawsuits will develop, that does not mean that you should not seek the assistance of an attorney if you believe you have suffered due to surgical staples. Filing an individual lawsuit against a major manufacturer can seem like a daunting task, but you should not be discouraged. There have been settlements in the past for individual cases that have landed plaintiffs millions of dollars in compensation.

    With more information coming out and the recent FDA recalls, a class action lawsuit or mass tort lawsuit could be filed soon. If that happens, then you will be able to opt into the lawsuit even if you have already filed an individual suit. If you have suffered due to surgical staples, there is no benefit to waiting to seek the help of an attorney.

    How to File for Surgical Staples Lawsuit

    The first thing you need to do when you are ready to file a surgical staples lawsuit is to speak with an attorney. Explaining your situation to the lawyer and allowing them to explain your options to you will be the first step in what will likely be a multi-year process. 

    After you have chosen the mass tort lawsuit attorney that you want to represent you, they will likely ask you for your medical records, so that they can review the dates that you received surgical staples, any health issues you had prior to that, and any complications you had following surgery. During this time, the attorney may discuss your situation with medical professionals to get the best understanding of the situation and how it fits with other lawsuits of the same kind.

    Once your attorney believes that there is enough evidence for a lawsuit, one will be filed against the manufacturer of the surgical staples that impacted your life. By working with a lawyer, you ensure that you have a professional on your side who knows the legal process. This will take the guesswork out of the situation for you and make certain that you are correctly filing your lawsuit.

    With so much still up in the air regarding surgical staple lawsuits, your lawyer will also be able to keep you informed of any class action or mass tort lawsuits that are filed against the manufacturers. Your lawyer will be able to give you the best advice on what you should do should any circumstances change. With an attorney, you will not have to do the research and stay up to date on your own.

    How Much Can I Get from a Surgical Staples Lawsuit?

    Lawsuits pertaining to surgical staples have resulted in millions of dollars being awarded to patients in individual cases. Every case is different, and yours will be different than others that have already been settled, but knowing how much others have settled for and their symptoms, can give you an idea of what your case may be worth.

    The largest settlement in the history of surgical staples lawsuits came when a California jury awarded a former police officer nearly $80 million in compensation. However, in 2018, this total was reduced to $19.6 million as an appeals court cited a maximum for punitive damages. This settlement was awarded after the plaintiff suffered severe complications, pain and suffering, and lost wages. This case is almost certainly an outlier; however, it gives a good example of how much can be won.

    How much you could get from your specific lawsuit depends on how your life is affected by the surgical staple malfunction. For instance, a person who undergoes surgery and suffers a life-threatening complication that requires more surgery and produces significant life changes that result in a loss of enjoyment will receive more than someone who suffers an infection that is cleared up with antibiotics.

    But life-threatening complications are not the only way that you could receive compensation from a lawsuit. If surgical staples require you to have to spend more time in the hospital, then you could have your medical bills reimbursed. You could also sue for lost wages and lost earning capacity that you suffered as a result of complications.

    Talk to a Surgical Staples Lawsuit Attorney

    If you believe that surgical staples caused the complications that you are suffering from, then you should seek the assistance of an attorney. By speaking with a surgical staples lawsuit attorney, you will gain a better understanding of what you can sue for, how much you should expect to receive in compensation and other vital information that will ensure that you recover an optimal sum. 

    In addition, your attorney will work closely with other experts, including medical doctors, so that you can rest and recover knowing that everything is being handled on your behalf. Like all cases are different, so are attorneys. Make sure that you find the right one for you. When you call to discuss your situation, ask questions. Speak to multiple law firms, so you can get a better understanding of how they can assist you. 

    Finally, be sure that you are comfortable sharing very private details with the mass tort lawsuit lawyer you choose, as they will be reviewing private documents such as medical records. When you are ready to take the next step to recover compensation for the damages suffered due to recalled surgical staples, please fill out the form on our website. 

    References:

    1. https://www.fda.gov/medical-devices/letters-health-care-providers/safe-use-surgical-staplers-and-staples-letter-health-care-providers
    2. https://www.drugwatch.com/surgical-staplers/lawsuits/
  • How Much Do You Get For a Mesh Lawsuit?

    How Much Do You Get For a Mesh Lawsuit?

    If you suffer debilitating injury or illness due to defective hernia mesh products, you may have the right to financial compensation. However, you may be unsure how much you could be awarded in your mesh lawsuit claim. 

    Every person’s case is different. The amount of compensation you could be awarded will be based upon the impact your injuries have had on your life and other factors. Your hernia mesh lawyer can closely evaluate the circumstances of your case to determine how much your hernia mesh lawsuit could be worth.

    Hernia Mesh Lawsuit Settlement Amounts in 2021

    Settlement amounts for hernia mesh lawsuits can vary widely based on the severity of a victim’s injuries and the impact their injuries have had on their life. Some hernia mesh lawsuits in 2021 amounted to $50,000. Others amounted to higher figures closer to $250,000. A bellwether trial involving Antonio Milanesi and Bard in April of 2022 led to a settlement of $255,000

    Hernia mesh cases have been around for decades, with many on a large scale and involving multiple victims. In 2013, litigation against American Medical Systems resulted in $54.5 million being set aside for victim payouts.

    With such a wide range, it is difficult to say how much you could be awarded in your hernia mesh lawsuit. Your personal injury and medical device lawsuit attorney can closely evaluate the way your life has been affected by your injuries, your economic damages, and your non-economic damages to ensure you are seeking maximum compensation.

    Who Qualifies For a Hernia Mesh Lawsuit?

    If you aren’t sure whether you are eligible for a hernia mesh lawsuit, you can always reach out to your attorney to find out. There are some required criteria associated with hernia mesh lawsuits. Some of these requirements include:

    • Having a hernia mesh device implanted as part of a hernia repair surgery
    • Suffering health complications or injuries as a result of the defective hernia mesh implant device

    These are just a few of the various requirements you’ll need to meet if you hope to move forward with a hernia mesh lawsuit. After examining the specific circumstances of your case, your hernia mesh attorney can give you a better idea of how to proceed. 

    If your life has been substantially affected by your hernia mesh device injuries, you have the right to hold the manufacturer accountable.

    What Are the Issues With Hernia Mesh?

    Hernias are one of the most common medical conditions, affecting more than 20 million people annually. Hernia mesh implants have been used to treat a variety of conditions, including:

    • Umbilical hernias
    • Incisional hernias
    • Hiatal hernias
    • Femoral hernias
    • Inguinal hernias
    • Ventral hernias

    Doctors take the hernia mesh and use it in and around the muscle wall following hernia surgery. However, hernia mesh products need to be able to exist within the human body without causing significant injury or illness. This is where hernia mesh lawsuits arise.

    Many hernia mesh manufacturers produced hernia mesh products made of materials that weren’t safe for the human body. Many lawsuits argue that manufacturers knowingly used materials that were unsafe and failed to inform physicians and the public of the risks associated with these hernia mesh products.

    Today, more than 20,000 hernia mesh lawsuits have been filed against hernia mesh manufacturers. One lawsuit involving Ethicon is based in the U.S. District Court for the Northern District of Georgia, and another one against Bard and Davol involves almost 17,000 cases. A suit against Atrium has nearly 3,000 cases. If you are interested in finding out whether you could be entitled to financial compensation following hernia mesh complications, be sure to contact a hernia mesh lawsuit attorney for legal guidance and support.

    Defective Hernia Mesh Products

    There are multiple hernia mesh manufacturers that have had lawsuits filed against them. Some brands frequently named in hernia mesh lawsuits include Ethicon Physiomesh, Kugel Mesh, and Atrium C-Cur mesh. 

    You can find out whether your hernia mesh was recalled and whether lawsuits have been filed against the manufacturer of your hernia mesh brand by contacting a lawyer to discuss the details of your case.

    Symptoms of Hernia Mesh Injuries

    It may not always be clear whether you are suffering complications from hernia mesh defects. If your hernia mesh implant is not successful, you could be dealing with a wide variety of symptoms, including:

    • Vomiting
    • Nausea
    • Chronic abdominal pain 
    • Bloating
    • Fever
    • Chronic swelling
    • Constipation
    • Bowel blockage
    • Recurrence of hernias

    Generally, when hernia mesh is defective, physical symptoms eventually become so severe you will need to obtain urgent medical attention. Left untreated, these symptoms can become catastrophic or even life-threatening.

    Common Injuries Seen With Hernia Mesh

    When hernia mesh devices are defective they can cause devastating health complications. Some of the more common injuries and illnesses associated with defective hernia mesh include:

    • Mesh migration
    • Mesh attachment
    • Chronic pain
    • Internal infections
    • Adhesion to tissues or organs
    • Bowel obstruction
    • Mesh perforation of tissues or organs
    • Seromas

    Hernia mesh complications can arise as soon as several days or as long as several years after the device has been implanted. If you are experiencing health complications and you believe your hernia mesh is the cause, you may have the right to financial compensation. A hernia mesh lawsuit attorney can help you explore your legal options further and answer all your questions.

    Evidence to Prove the Impact of Your Injuries

    In civil court, liability must be proven based on a preponderance of the evidence. This means the evidence presented at court must show the jury that the defendant is more than likely responsible for causing your injuries. 

    In this case, your lawyer would need to show that the hernia mesh manufacturer knew they were using materials that were harmful to the human body and failed to warn consumers and physicians about the potential complications.

    The evidence presented must be compelling. If you had to have a hernia mesh device repair surgery, preserving your defective hernia mesh could prove to be valuable evidence to support your case. Other types of evidence that could be used to help prove liability in your hernia mesh lawsuit include:

    • Photos of your injuries
    • Witness statements
    • Medical records
    • Physician notes
    • Communications exchanges
    • Video of the surgery

    Recoverable Damages for Hernia Mesh Injuries

    After suffering injuries caused by defective hernia mesh, you have the right to be compensated for not only your financial losses but your non-financial losses as well (collectively known as compensatory damages). 

    Despite the fact that no amount of compensation will make up for what you’ve been through, being awarded the funds you need to cover your costs and begin to rebuild your life could ease your burden in the future. You have the right to be made whole.

    Compensatory Damages

    Compensatory damages are also commonly known as economic damages and non-economic damages. Economic damages are monetary while non-economic damages are not. 

    Non-economic damages include your emotional and physical injuries and trauma. Some of the more common types of damages you could recover in your hernia mesh lawsuit include:

    • Loss of income
    • Diminished earning potential
    • Diminished quality of life
    • Loss of consortium
    • Physical pain and suffering
    • Full coverage of your medical expenses
    • Cost of increased insurance premiums
    • Emotional distress

    Punitive Damages

    If the court finds the hernia mesh manufacturer’s actions grossly negligent or egregious, your injury settlement could be increased by an award of punitive damages. Designed as a way of punishing the defendant for abhorrent or intolerable decisions, if you are awarded punitive damages, it could dramatically increase the total amount of your settlement.

    Hernia Mesh Lawsuit FAQ 

    Here are the answers to some of the most frequently asked questions regarding hernia mesh claims across the country.

    How Much Will it Cost to Hire a Lawyer?

    Most reputable hernia mesh lawsuit attorneys will be willing to work with you on contingency. This means you won’t be asked to cover any expenses unless or until your lawyer wins and produces a financial recovery in your case. 

    There is little to no risk in having an experienced lawyer cover the costs of building a case against the liable party so you can seek compensation for your damages.

    How Long Will it Take to Settle My Case?

    It’s difficult to say how long it could take to resolve your hernia mesh lawsuit settlement. After the COVID-19 pandemic set the court system back in 2020, 2021 was spent litigating cases that were previously placed on hold. 

    Until the court system catches up, you could expect to see delays in your case. However, that doesn’t mean you should wait to get started on your case. The sooner you get working on your lawsuit against the hernia mesh manufacturer, the sooner you could recover the compensation you need to move forward with your life.

    Will I Need to go to Court?

    It’s possible to settle your hernia mesh lawsuit claim outside of court. If your attorney can get the hernia mesh manufacturer to settle your claim outside of court for a fair and reasonable amount, you may not need to move forward with litigation. 

    However, since insurance settlements often lowball victims and limit the amount of compensation they offer them, bringing your case to court may be in your best interests. Your attorney can analyze the circumstances of your case and advise you on how to best approach your hernia mesh claim.

    What is the Status of the Hernia Mesh Lawsuits?

    There have been more than 20,000 hernia mesh lawsuits filed over the years, including those against Bard, Davol, Atrium, and Ethicon explained above. These lawsuits are being filed in all 50 states. There are individual civil lawsuits and hernia mesh class action lawsuits against hernia mesh manufacturers as well.

    In June 2022, hernia mesh manufacturer C.R. Bard asked the judge presiding for a docket control order which could have a devastating impact on future hernia mesh plaintiffs. With litigation ongoing across the country, there has never been a better time to get an experienced hernia mesh attorney advocating for your right to maximum compensation.

    Have There Been any Hernia Mesh Settlements?

    Yes, there have been many hernia mesh settlements. However, not all of them have been made public. It can be difficult to determine how much hernia mesh cases are settling for as many of these settlements are confidential. 

    However, this is not a good indication of how much you could be awarded, given the wide range of hernia mesh settlements. It’s important to understand that the amount of compensation you would be awarded will directly depend on how your hernia mesh injuries have affected your life. 

    How Long Does a Hernia Mesh Lawsuit Take?

    Hernia mesh lawsuits can take anywhere from several months to as long as several years to settle. Whether the hernia mesh manufacturer is willing to settle your case outside of court during negotiations has a significant impact on how long it could take to obtain compensation in your case. If your hernia mesh claim goes to court, it could take much longer. 

    However, your efforts in building a claim may prove successful if you are awarded total compensation for your damages at trial. The sooner you contact a mass tort lawsuit lawyer for help moving forward with your hernia mesh lawsuit, the sooner they can get started building your case.

    Consult a Hernia Mesh Lawsuit Attorney

    If you’re interested in moving forward with your hernia mesh lawsuit or in finding out how much your case could be worth, reach out to a hernia mesh lawsuit attorney for legal guidance and support today. Schedule your no-cost, risk-free consultation by filling out our online contact form.

  • How Far in Litigation is The Hernia Mesh Lawsuit? 

    How Far in Litigation is The Hernia Mesh Lawsuit? 

    Have you suffered debilitating injury or illness as a result of hernia mesh? If so, you may have the right to financial compensation from the manufacturer. There have been thousands of hernia mesh lawsuits filed over the years. 

    Your right to seek compensation can depend on when you start your case and the specific laws governing your state. A defective medical device lawyer can determine whether you have grounds to sue and if so, help you navigate the complex legal process of your hernia mesh lawsuit.

    What Is a Hernia Mesh Lawsuit?

    Hernia mesh lawsuits are filed by individuals who suffer debilitating injuries after hernia mesh complications. The hernia mesh lawsuits claim that the manufacturers failed to warn patients and physicians about the risks of the hernia mesh, that the implant devices were defectively designed, and that there were even flaws in manufacturing.

    Claims have also been filed against physicians who implanted hernia mesh as part of medical malpractice claims.

    When To File a Hernia Mesh Lawsuit

    It can be difficult to know which complications or injuries qualify for a hernia mesh lawsuit. People who have filed hernia mesh lawsuits have suffered severe complications from hernia mesh that have often required revision surgery. 

    There are still some types of hernia mesh complications seen more frequently in lawsuits than others, including:

    • Chronic pain caused by inflammation or nerve damage
    • Hernia mesh migration
    • Adhesion to other tissues and organs
    • Bowel obstruction when the hernia mesh sticks to intestines
    • Hernia mesh perforation through tissues or organs
    • Hernia mesh implant failure
    • Recurrence of hernias
    • Multiple hernia revision surgeries
    • Buildup of fluid pockets (also known as seromas)
    • Burning sensations caused by pinched nerves near the groin or testicles
    • Long-term or delayed complications of hernia mesh surgery

    These are just a few of the complications seen in hernia mesh surgeries. If you suffered another type of complication, injury, or illness as a result of hernia mesh, you may have a right to compensation. A hernia mesh lawsuit attorney can help you further explore your legal options.

    Types of Hernia Mesh Lawsuits 

    There are multiple types of hernia mesh lawsuits that may be available depending on the circumstances of your case. Some common causes of action against hernia mesh manufacturers include:

    • Failure to warn: Hernia mesh manufacturers failed to warn physicians and patients about the associated risks and complications.
    • Defective product design: The inherent design of the hernia mesh is dangerous for patients.
    • Manufacturing defects: Manufacturing defects in hernia mesh involve issues with the build of the hernia mesh, not necessarily the product design itself.

    Status of Hernia Mesh Lawsuits

    There are currently more than 20,000 lawsuits pending against various hernia mesh manufacturers, including:

    • Atrium Medical Corp.
    • Davol Inc./C.R. Bard
    • Ethicon

    Due to the onset of COVID-19 in 2020, hernia mesh bellwether trials were rescheduled. The first hernia mesh trial occurred in August 2021. 

    Here, C.R. Bard and Davol Inc. won their bellwether trial. Other trials have since been postponed while lawyers and their clients work to build compelling cases against hernia mesh manufacturers.

    Hernia Mesh Lawsuit Litigation

    You may be interested in moving forward with litigation for your hernia mesh injuries when you have suffered severe financial, emotional, or physical damages as a result of your hernia mesh surgery. 

    Hernia mesh manufacturers have been accused of designing and manufacturing products that were inherently defective and subsequently mislabeled. Manufacturers have been accused of purposefully using materials known for breaking and causing complications in order to reduce costs. 

    They then failed to notify consumers and physicians about the risks of these devices, allowing tens of thousands of patients to endure devastating injury and illness as a result.

    Who Is Eligible For a Hernia Mesh Lawsuit?

    It is not enough to have undergone hernia mesh surgery. You must also have suffered complications that had a significant impact on your life. 

    Some of the eligibility requirements for a hernia mesh lawsuit include:

    • Having required hernia revision surgery
    • Having required other surgery due to hernia mesh complications
    • Having hernia repair surgery that used mesh on or after January 1, 2006
    • Suffering severe post-op complications such as intestinal blockage, hernia recurrence, organ perforation, marsh migration, adhesions, or chronic pain
    • Needing additional surgery due to hernia mesh complications
    • Needing additional surgery due to hernia mesh complications but not being physically capable of undergoing this surgery due to healthcare issues

    A hernia mesh lawsuit attorney can determine whether your complications give you grounds for a case. 

    What Statute of Limitations Applies to Your Hernia Mesh Lawsuit?

    Your ability to sue could be based on when your hernia mesh surgery and revision surgeries occurred. You may have grounds for a hernia mesh lawsuit if your surgery occurred after January 1, 2006.

    However, depending on the state you live in, there may also be a statute of limitations limiting the length of time you have to file a claim. You might have as few as six months or as many as four years depending on where you live. A hernia mesh attorney can ensure your suit is filed within the time limit.

    The “Discovery Rule” in Hernia Mesh Lawsuits

    Under the discovery rule, you can get the statute of limitations stayed until you discover that your injury or illness was caused or could have been caused by hernia mesh. 

    Once you know or should have known that the hernia mesh surgery caused your complications, the statute of limitations will begin.

    What Influences the Time It Takes for a Hernia Mesh Lawsuit to Settle?

    There are many factors that can determine how long it will take for a hernia mesh lawsuit to settle. Generally, it depends on how willing the hernia mesh manufacturer is to settle the claim. 

    Many hernia mesh manufacturers choose to settle quickly to avoid going to court. In the past, hernia mesh lawsuits were consolidated into multi-district litigation cases which allowed injury victims to recover compensation in a timely manner. However, your attorney may advise you to move forward with an individual civil or insurance claim against the hernia mesh manufacturer.

    What Impacts a Hernia Mesh Settlement Amount?

    Hernia mesh settlement amounts are not publicly announced at this time. However, in 2011, one hernia mesh manufacturer, Bard Davol, settled 2,600 Kugel hernia patch lawsuits for $184 million. That case was closed in 2017.

    Since every person’s life has been affected differently by their hernia mesh complications, it’s hard to say how much your case could be worth. Some of the different factors taken into consideration include:

    • The economic impact of your injuries
    • The severity of your injuries
    • The impact of your injuries on your quality of life
    • The future impact of your injuries financially, physically, and emotionally

    What Is the Process for Filing a Hernia Mesh Lawsuit?

    You may be unsure of what happens when you hire a hernia mesh lawyer. First, your attorney can file your insurance or civil claim. The hernia mesh manufacturer will then have the opportunity to file a response to your complaint. 

    At that point, discovery can ensue, where both parties have the opportunity to review evidence gathered by the other. At this point, you may be able to resolve your case outside of court through the insurance company. 

    However, if the hernia mesh manufacturer is unwilling to settle outside of court, you and your lawyer can move forward with your lawsuit. Your attorney could then argue the hernia mesh manufacturer’s negligence in pursuit of compensation for your damages.

    Recoverable Damages In a Hernia Mesh Lawsuit

    Victims of hernia mesh surgeries have the right to seek compensation for every loss they suffered as a result of their injuries. This includes both economic damages and non-economic damages.

    What Are Economic Damages?

    Hernia mesh victims often suffer considerable medical expenses as a result of their injury or illness. Fortunately, medical expenses are one of the most common types of economic damages you could recover in your hernia mesh lawsuit claim. 

    Some of the other types of financial or economic damages you could recoup include:

    • Hospital bills
    • Ambulance fees
    • Cost of prescription medications
    • Cost of physical or occupational therapy
    • Cost of mental health counseling
    • Diagnostic imaging fees
    • Transportation expenses
    • Future medical care
    • Medical equipment
    • Loss of income
    • Diminished earning capacity
    • Loss of household services
    • Cost of increased insurance premiums

    What Are Non-Economic Damages?

    In addition to your economic damages, you can also claim non-economic damages. These do not have a financial value and instead describe the ways your life has been affected by your injuries or illness. 

    Some of the different types of non-economic damages you could pursue in your hernia mesh lawsuit include:

    • Loss of enjoyment of life
    • Diminished quality of life
    • Loss of consortium
    • Pain and suffering
    • Mental anguish
    • Emotional distress
    • Inconvenience
    • Disfigurement or skin scarring

    What Are Punitive Damages?

    Punitive damages can be awarded in cases where the jury finds the defendant’s actions grossly negligent or abhorrent. They are the court system‘s way of punishing the defendant beyond the compensatory damages you are entitled to recover. 

    Since many hernia mesh manufacturers understood that they were creating products using defective materials that could cause serious injury and complications, punitive damages may be applicable in many hernia mesh lawsuit cases. 

    You can find out whether you could be awarded punitive damages in your hernia mesh case when you reach out to your lawyer to discuss your damages in greater detail.

    Hernia Mesh Lawsuit FAQs

    We understand how complicated the hernia mesh lawsuit process can be. Below are answers to some of the most frequently asked questions regarding hernia mesh lawsuits. Your lawyer can answer any questions not addressed here. 

    Will I Have to Go to Court?

    Many hernia mesh lawsuit cases can settle outside of court with the insurance company and hernia mesh manufacturer. However, if your insurance settlement does not adequately meet your needs or the manufacturer is unwilling to settle your claim fairly, your mass tort lawsuit lawyer can bring your hernia mesh lawsuit to trial.

    What Evidence Can Be Used to Support my Case?

    If you have your hernia mesh removed as part of revision surgery, make sure you have it preserved to be used as evidence in your case. 

    Other types of evidence you could use in your hernia mesh lawsuit include physician statements, medical records, doctor’s notes, journals, and photos of your injuries.

    How Much Will it Cost to Hire an Attorney?

    The vast majority of hernia mesh attorneys will be willing to work with you on a contingency basis. Contingency agreements put you first. After everything you’ve been through, we understand you may not have the money right now to cover a lawyer’s fees. 

    Contingency agreements mean your attorney handles all of the legal details of your case, including covering all the costs of building a claim against the liable party. You won’t be expected to cover anything unless or until your attorney wins your compensation case. If they do, your lawyers can simply take their fees out of a percentage of your total settlement package.

    Talk to a Hernia Mesh Lawsuit Attorney 

    If you’ve experienced debilitating illness or injury as a result of hernia mesh, you may be entitled to financial compensation. Reach out to a hernia mesh lawsuit attorney to discuss your legal options for financial recovery. 

    Let our lawyers help you pursue the compensation you need to get through this difficult time in your life. Fill out our convenient contact form or call our office at 1-800-874-8678 to get started today.

  • Why Was Zantac Taken Off the Market?

    Why Was Zantac Taken Off the Market?

    Zantac was taken off the market in 2020 because of a possible link to several types of cancer. In addition, the U.S. Food and Drug Administration (FDA) issued a recall that affected Zantac’s parent company and all other ranitidine products. 

    You could have legal rights if you used Zantac or a generic product and later received a cancer diagnosis. There is multidistrict litigation already underway in these cases. You may qualify to join and seek damages for your medical bills, lost income, and other damages. Connect with a law firm today to learn more about your legal options. 

    Here’s What You Should Know About the Zantac Recall

    Studies found that ranitidine—the active ingredient in this heartburn and GERD medication—can be contaminated with unacceptable levels of N-Nitrosodimethylamine (NDMA), a compound known to cause cancerous tumors in lab animals.

    Once the FDA realized there was a significant risk that those who used this medication regularly could be exposed to this known carcinogen, the agency pulled its approval. 

    More than 2,000 people who took the medication and later received a cancer diagnosis filed suit as of June 2022. The United States Judicial Panel on Multidistrict Litigation (JPML) consolidated these cases into MDL 2924: RE: Zantac (Ranitidine) Products Liability Litigation. The Honorable Robin L. Rosenberg will oversee the process in the Southern District of Florida. According to the JPML, there are currently 2,106 active lawsuits in the MDL as of June 15, 2022.

    How Many Years Was Zantac on the Market?

    Zantac received FDA approval in 1983 and spent more than 35 years on the market. During this time, it was a very commonly-prescribed medication and also available in over-the-counter versions and generic formulations. Millions of people likely used this product regularly to address: 

    • Heartburn
    • Stomach ulcers
    • Gastroesophageal reflux disease (GERD)

    This means the number of those affected by the increased cancer risk could rise considerably. 

    While ranitidine-based Zantac products are no longer available, consumers can still use other Zantac products. This includes Zantac 360, which is formulated with famotidine. 

    Why Did the FDA Recall Zantac and Other Ranitidine Products?

    Ranitidine medication manufacturers began voluntarily pulling their products from the market in late 2019, including Zantac’s French drugmaker, Sanofi. The FDA followed this by requesting a recall of all prescription and over-the-counter ranitidine formulations on April 1, 2020. 

    The FDA’s press release announcing the recall noted the concern over NDMA levels. This environmental contaminant is something that everyone receives some exposure to in their daily life. However, more extensive exposures may be carcinogenic. This could occur when someone takes a small dose of the medication every day for years, for example. 

    According to the FDA, the tested samples did not show extreme levels of NDMA. Still, the impurity levels can increase over time and when stored at high temperatures, and there is evidence that the body metabolizing the drug could raise levels even higher. 

    The FDA Requests Zantac Recall and Manufacturers Pull it From the Market

    As of April 1, 2020, the FDA requested that drug manufacturers pull any remaining ranitidine products off the market. They effectively pulled the agency’s approval for this medication. 

    What Is in Zantac That Causes Cancer?

    The FDA and other agencies set acceptable levels of some environmental contaminants. This includes NDMA, which has a daily threshold level of 96 nanograms set by the FDA. In November 2019, The Washington Post reported that an independent laboratory found extremely high levels of NDMA in Zantac and other ranitidine products. 

    This chemical compound is known to cause cancerous tumor growth in laboratory animals and is known to be a probable human carcinogen.

    What Types of Cancer Does Zantac Cause?

    According to MDL 2924, numerous studies link NDMA exposure to cancer development in several body systems. The lawsuits refer directly to seven types of cancer: 

    • Stomach cancer
    • Intestinal cancer
    • Liver cancer
    • Pancreatic cancer
    • Esophageal cancer
    • Kidney cancer
    • Bladder cancer

    During the initial bellwether trials in the MDL, experts will use all available evidence in the case to show a strong link between NDMA and cancer. The evidence for the plaintiffs’ case draws on hundreds of scientific articles, animal studies, occupational exposure tracking, and human dietary studies.

    A lawyer can help you build a case to link your cancer or a loved one’s cancer to Zantac use. To do so, they may use your medical records, expert testimony, doctors’ statements, and other evidence. 

    The FDA Did Not Recall All Zantac or Heartburn Treatment Products 

    This recall does not affect all histamine H2-receptor antagonists, or H2 blockers, used for heartburn, ulcers, and GERD. Many have similar-sounding names. However, the recall and resulting lawsuits only include ranitidine. Other H2 blockers remain widely available.  

    The Zantac brand also still has products on the market. Most notably, this includes Zantac 360. This formulation relies on famotidine as its active ingredient.

    It is important to understand, though, that the recall affects any Zantac product containing ranitidine. If you use these products or have them in your home, you need to act now. Dispose of any you have in your cabinet and talk to your doctor about alternatives.

    Potential Changes to Drug Approval for Ranitidine

    Zantac and ranitidine do not currently have approval for prescription or over-the-counter sales in the United States. However, this could change. According to the FDA, they will consider approval of this drug if the company can provide data that shows: 

    • Ranitidine is stable
    • The NDMA levels do not increase over time

    However, this is unlikely given the evidence presented in the filings for MDL 2924. It seems the issue with the drug stems from ranitidine directly. 

    Consumers have several other options, including many other H2 blockers that work similarly. Discuss your options with your prescribing doctor or pharmacist. The FDA checked for NDMA in the following medications and did not find any disturbing impurities: 

    • Famotidine (Pepcid)
    • Cimetidine (Tagamet)
    • Esomeprazole (Nexium)
    • Lansoprazole (Prevacid)
    • Omeprazole (Prilosec)

    What to Do If You’ve Been Diagnosed With Cancer

    Contact a law firm reviewing these cases if you took a ranitidine product and later received a cancer diagnosis. You may only have a limited time to file an individual civil action or join the MDL already in progress. State statutes of limitations may apply. 

    A Zantac lawsuit attorney can handle your case for you and offer advice about joining the MDL or taking other legal action. You may be eligible to recover damages for:

    • Cancer treatment and related medical care
    • Lost income and benefits (short and long term)
    • Miscellaneous out-of-pocket expenses
    • Pain and suffering
    • Mental anguish

    Punitive damages may be available in these lawsuits. Punitive damages penalize the drug manufacturer or another liable party for their intentional or especially negligent actions. In many defective medication mass torts, punitive damages are substantial. We are too early in the process to know if these damages are available in the Zantac lawsuits.

    During this time, it is essential that you also continue your treatment and follow the doctor’s orders. You do not want to miss out on a payout because the jury did not believe you took the necessary steps to get well. 

    If your loved one passed away from cancer before they had a chance to join the MDL or file a lawsuit, a wrongful death claim may be possible. Others have already filed lawsuits based on their loved one’s Zantac cancer death. You may be able to file suit if you can show your loved one took ranitidine and passed away from a related cancer.

    How Does Multidistrict Litigation Work And When Do Plaintiffs See Results?

    Understanding how multidistrict litigation works is key to knowing how long it could take to receive justice. The goal of multidistrict litigation is to combine the cases for pretrial motions, discovery, and the initial trials, known as bellwether trials. This keeps thousands of individual cases with the same allegations from backing up smaller courts across the country. 

    In MDL 2924, the allegations include that ranitidine products cause cancer and that the manufacturers knew about the possibility of NDMA exposure. Judge Rosenberg of the U.S. District Court in the Southern District of Florida will oversee evidence gathering and other early steps in these cases. This makes it much easier and more affordable for plaintiffs to prove a case against major drug manufacturers.

    Then, bellwether trials will begin. This process includes:

    • Choosing several cases to serve as tests to see how juries react
    • Moving forward with jury trials in these cases

    Several things can happen after bellwether trials. The outcome of these cases often influences all the other lawsuits. This could happen when:

    • The defendant offers a tiered or global settlement.
    • The plaintiffs understand they do not have a strong enough case.

    Any cases that have not settled or dropped when the bellwethers are over return to their original jurisdiction to go to trial. Local courts will hear and decide these cases.

    This is much different from a class action lawsuit. In class action cases, the plaintiffs all suffered similar injuries, and the outcome of the trial applies to all members of the class. They generally receive a payout from a single settlement or award split between the class members.

    What Next in the Zantac Lawsuits?

    According to the U.S. District Court in the Southern District of Florida, MDL 2924 is still in its initial stages. Both sides are carrying out discovery and pretrial motions as of June 2022. They are considering which plaintiffs will serve as bellwether cases and moving toward the first trial later in 2022. 

    The court set a target of October 2022 for the first bellwether trials to begin, but it is not unusual for delays and rescheduling in these cases. This may be especially true in this case because it will likely rely on several expert witnesses, scientific studies, and considerable data analysis.

    The multidistrict litigation process could take another year or more, depending on the number of bellwether cases chosen, the strength of the evidence available, and other factors. In many successful mass torts, settlement negotiations occur either before or after the bellwether trials wrap up. This could occur in the Zantac multidistrict litigation. 

    Is it Safe to Take Zantac Now?

    Any Zantac purchased new today or provided by your doctor or pharmacist should be safe to take. Only approved formulations are on the shelves. These drugs do not contain ranitidine. 

    You should not take any ranitidine medications you currently have. You should throw these away. This is especially important since they have not been on the market for more than two years now, and the NDMA levels could increase with time and hot storage conditions. Encourage your friends and family to dispose of any affected products, as well.

    When Will Zantac Be Back on the Market?

    Due to the potential risk of developing several types of cancer, the FDA recalled all forms of ranitidine in 2020. This included all prescription, over-the-counter, and generic formulas containing this active ingredient. You cannot purchase ranitidine products in the United States in June 2022. 

    While Zantac’s parent company has new products on the market using the brand’s name, these are not the traditional ranitidine medications they sold for almost 40 years. They are new formulations that rely on a similar—but safe—H2 blocker.

    Get Legal Help With a Zantac Case Today

    You can use our contact form to be connected with a personal injury lawyer in our network. Get a free consultation to learn more about your legal options. 

    A mass torts attorney can handle your case for you. Your lawyer will navigate the legal system for you and pursue the compensation you deserve based on the facts of your case and the outcome of MDL 2924 if you join. You will not need to pay anything upfront for legal representation. Act now to get started.