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  • What Qualifies You for the Zantac Lawsuit?

    What Qualifies You for the Zantac Lawsuit?

    If you used Zantac or the generic ranitidine and later developed cancer, you may qualify for the Zantac lawsuit. The honorable Judge Robin L. Rosenberg oversees more than 2,000 plaintiffs in ongoing multidistrict litigation (MDL). MDL 2924, in RE: Zantac (Ranitidine) Products Liability Litigation, is under the jurisdiction of the U.S. District Court, Southern District of Florida. 

    As of June 2022, plaintiffs can still file suit and join this mass tort already underway. It may be possible to recover compensation for your medical treatment and other related expenses and losses through legal action. A Zantac cancer lawsuit attorney can help, so fill out our contact form to get in touch with one today. Free consultations are available. 

    What to Know About Zantac Lawsuits

    Zantac lawsuits stem from dangerous levels of N-Nitrosodimethylamine (NDMA) found in the medication. NDMA is an organic chemical compound found naturally in many food and water sources. The U.S. Food and Drug Administration (FDA) considers low contamination levels “reasonably safe.” However, higher levels or ongoing exposure may be carcinogenic. 

    Some NDMA is naturally present in Zantac’s active ingredient, ranitidine. In addition, there is some indication that the body may metabolize higher levels of the compound from the drug. According to a Washington Post report in 2019, independent quality control laboratory Valisure identified this concern and reported it to the FDA and drug manufacturers.

    Brand-name Zantac manufacturer Sanofi pulled their ranitidine products from the market quickly. In April 2020, the FDA requested manufacturers of generic ranitidine products do the same. This recall included:

    • Prescription-strength medications
    • Over-the-counter (OTC) ranitidine formulas
    • Liquid, pill, and injectable formulas

    The first lawsuits related to NMDA cancers occurred around the same time. The United States Judicial Panel on Multidistrict Litigation (JPML) consolidated them into MDL 2924 on February 6, 2020. As of June 2022, the U.S. District Court, Southern District of Florida reports that this MDL is in pretrial motions and discovery. The judge plans to begin bellwether trials this fall.

    What Type of Cancer Does Zantac Cause?

    Ranitidine causes tumors in mammals, as documented by hundreds of studies. In fact, some laboratories use it to induce cancer in mice and other test subjects for animal studies. These cancers occur at various organ sites in the body. According to the filings in MDL 2924, plaintiffs allege the same thing is happening in humans. 

    There is no single type of cancer that research links to NDMA exposure. Instead, many cancers develop and grow in various organ systems. This litigation alleges that consumers who used Zantac or generic ranitidine later developed one of these cancers. This includes: 

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

    Experts expect the plaintiffs in the bellwether cases to present many expert witnesses, around 200 scientific studies, and research into human dietary and occupational exposure to NDMA. 

    Who Is Suing Zantac?

    According to the United States Judicial Panel on Multidistrict Litigation (JPML), there were 2,106 plaintiffs active in MDL 2924 on June 15, 2022. These plaintiffs all faced a cancer diagnosis after regular use of ranitidine, including brand-name Zantac and generic formulas. Some are surviving family members of those who died from their cancers. 

    It is important to know that these plaintiffs come from all walks of life, different cultures, races, and genders. Heartburn, gastroesophageal reflux disease (GERD), and stomach ulcers are extremely common. According to the Washington Post, more than 60 million Americans report heartburn at least once a month. It is no surprise that so many people used Zantac and were potentially exposed to NMDA contamination.

    If you used Zantac or a generic formulation of the drug and later received a cancer diagnosis, you may be able to sue Zantac and seek compensation, too. 

    Types Of Zantac Lawsuits

    Those who qualify to pursue Zantac lawsuits have several options. Many are filing individual lawsuits in the applicable jurisdiction with the intention of joining MDL 2924. This allows them to work with others with similar stories to build a case against the drug manufacturers and possibly participate in a global or tiered settlement.

    It may also be possible to file a lawsuit and not join the current multidistrict litigation. This is most common in cases with unusual facts that may preclude them from MDL 2924. 

    In addition, another mass tort may occur related to Zantac NMDA exposure. A class-action lawsuit (CAL) may occur based on the lack of warning on the medication. Those who took Zantac and experienced exposure to NMDA but have not developed cancer might qualify to recover compensation through this CAL. It would likely compensate class members by providing partial refunds of the money they spent on these medications.

    What Is the Average Payout for the Zantac Lawsuit?

    As of June 2022, no settlements or offers are pending in the Zantac cancer lawsuits or generic ranitidine cases. MDL 2924 is still early in the litigation process, and multidistrict litigation takes time. While it helps the cases move through the legal system more efficiently, a lengthy legal process must occur. Steps include:

    • Consolidating the cases into multidistrict litigation
    • Assigning the MDL to a U.S. District Court and naming a judge
    • Pretrial motions
    • Discovery, where both sides gather evidence and build their case
    • Bellwether trials, which allow both sides to test their evidence

    This process is ongoing as of June 2022. The next steps, according to the U.S. District Court, include: 

    • Choosing representative cases for bellwether trials
    • Completing discovery
    • Beginning bellwether trials

    The bellwether trials do not directly affect the outcome of other cases, even those with very similar facts and injuries. Instead, they allow the plaintiffs and defense to present evidence and see how a jury will react. The verdict only directly affects the case on trial. However, they indirectly affect settlement offers or other considerations.

    Possible Settlement Outcomes

    If the initial case or handful of cases do not go well for the drug company, a settlement offer becomes much more likely. This could include:

    • A Global Settlement: The drug manufacturers offer a mass settlement to all plaintiffs to settle the majority of the cases, usually by splitting a fund or sum among them. 
    • A Tiered Settlement: The defendant sorts the plaintiffs into tiers based on the severity of their diagnosis and offers each tier a settlement offer. 
    • Individual Offers: The drug companies extend individual settlement offers to plaintiffs based on their own damages. 

    Any cases remaining in the MDL after the conclusion of the bellwether trials will return to their local jurisdiction to go to a jury trial. However, this is not the most common outcome in these cases.

    Do I Qualify for a Zantac Cancer Lawsuit or Settlement?

    If you received a cancer diagnosis after using Zantac or another ranitidine product, you may qualify to participate in a Zantac cancer lawsuit. This could include a diagnosis of cancer affecting many bodily organs or systems, including: 

    • The esophagus
    • The intestines
    • The stomach
    • The liver
    • The kidneys
    • The bladder
    • The pancreas

    While many of the plaintiffs have a long history of ranitidine use, some used the medication only occasionally for a year or more or used it continuously to manage their symptoms.

    Damages You Can Recover in a Zantac Lawsuit

    Your attorney can help you document your Zantac use and link it to your cancer diagnosis if you decide to proceed with your claim. A strong case could allow you to pursue compensation for your recoverable damages, including: 

    • Medical care related to your cancer and treatment, including surgery, hospitalization, chemotherapy, radiation, and more
    • Lost income and benefits
    • Diminished ability to work and earn
    • Documented out-of-pocket expenses
    • Pain and suffering
    • Emotional distress
    • Legal fees
    • Punitive damages, in some cases

    Lawyers are also filing claims for families whose loved ones died from cancer following regular Zantac use. An attorney can assess your case to determine if you qualify to file this type of lawsuit based on your loved one’s wrongful death. These cases may be more complex, but justice and compensation are available for qualifying families.

    How to Qualify for a Zantac Lawsuit

    To learn if you qualify for a Zantac or generic ranitidine lawsuit, you should speak with an attorney handling these claims today. The law firm will assess your legal options and explain how to take steps to protect yourself and get justice. You can expect them to ask several questions to determine if you may qualify, including:

    • When did you take Zantac? How long? For what condition? Was it prescribed or over-the-counter? When did you stop?
    • When did you receive your cancer diagnosis? What is your official diagnosis? Where did the cancer originate? 

    They will discuss with you the necessary evidence to prove a Zantac lawsuit. This generally includes proving you used the drug in question, showing you have a qualifying cancer, and demonstrating a link between the two. You will also need to present evidence to show the value of your related damages, such as medical bills.   

    1. Providing Proof Of Your Zantac Use

    Your attorney will help you gather evidence to show your Zantac use or other NDMA exposure from ranitidine. There are a number of ways you can prove you purchased and used ranitidine products, including:

    • Relevant medical records showing recommendations or prescriptions for the medication
    • Prescription records showing a script for the medication
    • Receipts from purchasing the medication
    • Other documentation of prescription, purchase, or use

    This is essential in filing your lawsuit, participating in MDL 2924, and recovering damages. If you cannot show you used these medications, you will not be able to develop and prove your case against the manufacturers of these defective drugs.

    2. Cancer Diagnosis Following Zantac Use

    A diagnosis of a qualifying cancer is necessary to move forward with your Zantac lawsuit and recover compensation. Your relevant medical records generally document it clearly. Your attorney can request and obtain these records with your permission, or you can ask your doctor’s practice about the steps necessary to get a copy. 

    You will need to have copies of the laboratory testing or other proof of your cancer that includes showing the type and location of the tumor. You must also have evidence of your treatment, side effects, and prognosis to recover damages based on the facts of your case.     

    3. Showing the Link Between Your Zantac Use and Cancer Diagnosis

    One purpose of MDL 2924 is to establish a link between ranitidine drugs—namely Zantac—and the development of cancers at various sites throughout the victims’ bodies. By consolidating these lawsuits into a mass tort, the plaintiffs combine their resources and knowledge, sharing information and documentation to show:

    • Zantac and generic ranitidine contain NDMA
    • Ranitidine-based formulas metabolize into high levels of NDMA
    • NDMA has strong ties to cancer development
    • The types of cancer commonly linked to NDMA exposure

    Attorneys handling these cases expect to have strong evidence to persuade jurors that Zantac causes excessive NDMA exposure, and this led to plaintiffs’ cancer development. This is possible through evidence that includes:

    • Peer-reviewed scientific studies
    • Expert testimony
    • Longitudinal studies
    • Animal studies
    • Occupational exposure studies

    Also, you will likely need to show that you did not have additional risk factors for developing the type of cancer you have. The defendants could claim you have a genetic predisposition or other environmental exposures that led to cancer instead. Your attorney will work with you to mitigate or eliminate these challenges. 

    Consult with a Zantac Lawsuit Attorney Today

    The best way to learn more about your rights and legal options in the Zantac cancer lawsuit is to meet with a lawyer handling these cases. Free consultations are available. A harmful drug attorney can explain how these cases work, how they can help you prove your injuries, and the steps necessary to hold the drug companies legally responsible. Compensation may be available to help you pay for your cancer treatment and cover your missed income. 

    Speak to a personal injury lawyer about your legal case and qualifications for free today. They may represent you with no upfront costs and no out-of-pocket fees. Fill out our contact form, and act now to join the Zantac cancer lawsuit already in progress.

  • What Is the Average Payout for a Zantac Lawsuit?

    What Is the Average Payout for a Zantac Lawsuit?

    There is no way to know the average payout for a Zantac lawsuit as of June 2022. At this time, there are no settlement offers or other pending resolutions in the multidistrict litigation (MDL) involving the Zantac and ranitidine cancer lawsuits.

    This litigation, MDL 2924 in RE: Zantac (Ranitidine) Products Liability Litigation, is still very early in the litigation phases. It will likely be several more months before bellwether trials begin, and we do not anticipate any settlement before the conclusion of at least one of these cases. Even then, settlements depend on many factors, and it may be impossible to offer an average that informs how much your case may be worth.

    Financial Compensation for Zantac Cancer Lawsuits

    Like other types of lawsuits based on physical injuries, a ranitidine cancer lawsuit may allow an injured party to recover compensation related to their expenses, financial losses, and intangible damages. Some examples of covered damages in these cases could include: 

    • The cost of cancer treatments, including hospitalization, chemotherapy, radiation, surgery, and related medical support
    • Lost income while they cannot work
    • Diminished earning capacity if they are too ill to return to work
    • Related miscellaneous out-of-pocket expenses
    • Pain and suffering
    • Emotional distress

    While there is no way to know how the jury will rule in the bellwether cases or individual lawsuits, punitive damages could also be available in a defective drug case. Punitive damages do not compensate victims for their injuries or losses. Instead, they penalize the defendant for their intentional or particularly negligent behavior. For example, if the MDL established that the drug manufacturer knew about the increased cancer risk, punitive damages may be available.

    Some families are also filing wrongful death actions after their loved one’s passing. If you lost your family member to cancer after they took Zantac or another ranitidine formula, you may have a viable compensation claim. Connect with a Zantac lawsuit attorney to discuss your legal options as soon as possible. 

    Class Action, Multidistrict Litigation, and Other Zantac Mass Torts

    Currently, the only mass tort underway in the Zantac case is MDL 2924, RE: Zantac (Ranitidine) Products Liability Litigation. This is the multidistrict litigation action currently working through pretrial motions and discovery as of June 2022. The case is in U.S. District Court, Southern District of Florida, with the Honorable Robin L. Rosenberg presiding. 

    According to the United States Judicial Panel on Multidistrict Litigation (JPML), 2,106 plaintiffs participated in MDL 2924 as of June 15, 2022. Experts expect this number to continue to rise. Heartburn medications are among the most commonly used drugs, and millions of people used ranitidine each year. 

    Because of the large number of people who took Zantac and related drugs, a class action lawsuit could also occur. This would be for users who do not have a cancer diagnosis but did not receive any warning of the cancer risks before using the drug. Class action lawsuits generally work like one large lawsuit, and the class members split the settlement or award evenly.

    Other Consumers Are Taking Legal Action after Taking Generic Ranitidine

    While brand-name Zantac manufacturers GlaxoSmithKline (GSK), Pfizer Inc., Boehringer Ingelheim, and Sanofi are the primary defendants in this lawsuit, they are not the only manufacturers involved. However, there is some confusion about eligibility for those who only took generic versions of the drug. 

    When U.S. District Judge Robin Rosenberg granted a motion that effectively ended all claims based on design defects of the drug, it left many plaintiffs and potential claimants wondering what to do. Reuters reported this motion on January 8, 2021. This motion did not end all claims against generic manufacturers, however. Instead, these plaintiffs must approach their cases differently.  

    Their lawyers need to reorganize their arguments following the directions outlined by the court in the ruling. This could allow plaintiffs’ claims to continue and possibly strengthen their lawsuits against the drug companies. Of course, those who have not yet started their generic ranitidine lawsuits can follow this new roadmap set by Judge Rosenberg to strengthen their claim.

    You Only Have Two Years to File a Zantac Case in Illinois

    Under 735 ILCS 5/13-202, those who suffered injuries only have up to two years to start a lawsuit. This statute of limitations applies to all personal injury cases, including defective drug cases. Each state sets its own statute of limitations, and exceptions may exist. 

    Meeting the deadline set by the statute of limitations is essential to protecting your right to seek financial recovery. If you miss your state or jurisdiction’s deadline, the court could bar you from acting to recover compensation. This could mean you cannot recover any money for your expenses and losses. 

    Meeting any applicable deadlines is imperative when navigating the claims process or the legal system. When you work with an attorney, they will manage this for you. However, you must act to enlist their help with enough time for them to move your case forward before the deadline. 

    Zantac Heartburn Medication Usage

    Zantac first received U.S. Food and Drug Administration (FDA) approval in 1983. The FDA initially approved it for short-term use of stomach ulcers. However, this quickly expanded to include the prevention and treatment of heartburn and gastroesophageal reflux disease (GERD). Both are incredibly common health complaints.

    According to Reuters, Zantac became the top-selling drug in the world within five years of its U.S. approval. The medication made more than $1 billion in annual sales for its original manufacturer, now known as GlaxoSmithKline PLC. It was the first drug to reach this financial milestone.

    Within 15 years, generics and over-the-counter (OTC) versions hit the market, and millions of consumers used the prescription or OTC ranitidine regularly. This continued until concerns about the medication—both brand-name and generic—led to the recall in 2020.  

    What Do People Now Use to Treat These Conditions?

    Doctors have recommended diet and lifestyle changes for those with heartburn or GERD for years. While this option may be effective for some people, others require FDA-approved medications to manage their symptoms. The agency recommended: 

    • Prilosec or omeprazole generics
    • Nexium or esomeprazole generics
    • Prevacid or lansoprazole generics
    • Pepcid or famotidine generics
    • Tagamet or cimetidine generics

    You may notice that some of these medications sound a little like ranitidine. This is because they are the same class of drugs: histamine H2-receptor antagonists or H2 blockers. 

    According to the FDA, however, there is no indication these drugs have the same concerns as ranitidine. This includes Pepcid and Tagamet. Prilosec, Nexium, and Prevacid are proton pump inhibitors and work to prevent heartburn and reflux differently. 

    What are Mass Tort Cases, and Will There be a Mass Tort Zantac Cancer Case?

    Mass torts provide a way for many lawsuits to move through the court system at the same time, preventing cases with a large number of plaintiffs from clogging up lower courts for months or years. In addition, they allow the plaintiffs to work together to prove their allegations. This makes it easier for individuals to prove negligence on behalf of a large corporation such as a drug manufacturer.

    There are two primary types of mass torts: 

    • Multidistrict litigation (MDL)
    • Class action lawsuits 

    Both types of mass torts bring plaintiffs who suffered injuries because of the same defendant together. However, there are significant differences. These include: 

    • In class action suits, the outcome affects all class members (plaintiffs and potential plaintiffs).
    • In MDL, the outcome of a bellwether trial does not directly affect other cases.
    • Class members in a class action suit generally split settlements equally because they all had similar injuries.
    • Plaintiffs in an MDL have varying damages and are more likely to receive a tiered or individual settlement offer.

    A mass tort related to the Zantac cancer case is already underway: MDL 2924. As of June 2022, this MDL is currently in its early stages, where Judge Robin L. Rosenberg reviews and rules on pretrial motions, and each side conducts discovery. The next steps in the MDL include: 

    • Selecting cases for bellwether (test) trials
    • Beginning the first bellwether case, set for October 2022

    After this initial jury trial, the plaintiffs will learn more about the potential for a tiered or global settlement or individual offers. Often in these cases, the defendant will wait to see how jurors react to the evidence available and how the trial proceeds before deciding if they want to offer settlements. Likewise, plaintiffs could drop their lawsuits if the jury believes there is insufficient evidence to rule in their favor.

    Zantac Lawsuits for High Levels of NDMA

    N-Nitrosodimethylamine, or NDMA, is a naturally occurring organic chemical compound. However, it is a contaminant, and leading health organizations recommend limiting NDMA contamination levels whenever possible. This is difficult because it affects many foods, water supplies, air and water pollution, and products. While small amounts are unlikely to cause issues, larger amounts may be carcinogenic, meaning they could cause cancer. 

    According to the FDA, reasonably safe levels of NDMA include: 

    • Up to 0.096 micrograms 
    • 0.32 parts per million (ppm)

    In 2019, The Washington Post and other publications reported that an independent laboratory discovered high levels of NDMA in Zantac and generic ranitidine products. They concluded that the drug contained unacceptable levels of the compound. As a result, Zantac’s current manufacturer, Sanofi, voluntarily pulled the drug from the market. 

    The FDA followed with a request for all manufacturers to remove ranitidine products from the market in April 2020. This includes all types of these medications—prescription, OTC, liquid, and pills. This was when the public became more aware of the potential dangers of these popular medications. As a result, the number of lawsuits filed began to rise. 

    According to the filings in MDL 2924, some people who took Zantac or a generic ranitidine product now suffer from cancers that include:

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

    What You Can Get in Zantac Cancer Cases

    The goal of MDL 2924 is to hold the drug manufacturers legally responsible and get justice for those fighting cancer because of their alleged negligence. A settlement or court award might offer compensation for plaintiffs based on the severity of their cancer, the treatments they underwent, and the expenses they incurred. 

    Damages might include:

    • Medical bills and treatment-related expenses
    • Loss of income
    • Legal fees
    • Funeral and burial costs for those who passed away
    • Pain and suffering
    • Punitive damages

    However, there is no way to know how much you might recover in a Zantac cancer lawsuit at this time. It is too early to know how strong the case may be against these drug manufacturers. Discovery is still underway as of June 2022. Attorneys for the plaintiffs may present evidence that includes:

    • Expert testimony from researchers
    • A number of scientific literature articles linking NDMA to cancer

    Who Is Eligible to Join MDL 2924?

    You may be able to join the multidistrict litigation, RE: Zantac (Ranitidine) Products Liability Litigation, if you:

    • Took Zantac or a generic regularly
    • Received a cancer diagnosis after taking this medication

    The easiest way to learn if you qualify and to get started is to speak with an attorney’s team familiar with the MDL. Most provide free case assessments and consultations. They also answer questions and offer case information in addition to evaluating the strength of your case.

    Get Legal Help If You Faced Health Problems Because of Zantac

    Connect with us today if you took Zantac regularly and later received a cancer di

    There is no way to know the average payout for a Zantac lawsuit as of June 2022. At this time, there are no settlement offers or other pending resolutions in the multidistrict litigation (MDL) involving the Zantac and ranitidine cancer lawsuits.

    This litigation, MDL 2924 in RE: Zantac (Ranitidine) Products Liability Litigation, is still very early in the litigation phases. It will likely be several more months before bellwether trials begin, and we do not anticipate any settlement before the conclusion of at least one of these cases. Even then, settlements depend on many factors, and it may be impossible to offer an average that informs how much your case may be worth.

    Financial Compensation for Zantac Cancer Lawsuits

    Like other types of lawsuits based on physical injuries, a ranitidine cancer lawsuit may allow an injured party to recover compensation related to their expenses, financial losses, and intangible damages. Some examples of covered damages in these cases could include: 

    • The cost of cancer treatments, including hospitalization, chemotherapy, radiation, surgery, and related medical support
    • Lost income while they cannot work
    • Diminished earning capacity if they are too ill to return to work
    • Related miscellaneous out-of-pocket expenses
    • Pain and suffering
    • Emotional distress

    While there is no way to know how the jury will rule in the bellwether cases or individual lawsuits, punitive damages could also be available in a defective drug case. Punitive damages do not compensate victims for their injuries or losses. Instead, they penalize the defendant for their intentional or particularly negligent behavior. For example, if the MDL established that the drug manufacturer knew about the increased cancer risk, punitive damages may be available.

    Some families are also filing wrongful death actions after their loved one’s passing. If you lost your family member to cancer after they took Zantac or another ranitidine formula, you may have a viable compensation claim. Connect with a personal injury lawyer to discuss your legal options as soon as possible. 

    Class Action, Multidistrict Litigation, and Other Zantac Mass Torts

    Currently, the only mass tort underway in the Zantac case is MDL 2924, RE: Zantac (Ranitidine) Products Liability Litigation. This is the multidistrict litigation action currently working through pretrial motions and discovery as of June 2022. The case is in U.S. District Court, Southern District of Florida, with the Honorable Robin L. Rosenberg presiding. 

    According to the United States Judicial Panel on Multidistrict Litigation (JPML), 2,106 plaintiffs participated in MDL 2924 as of June 15, 2022. Experts expect this number to continue to rise. Heartburn medications are among the most commonly used drugs, and millions of people used ranitidine each year. 

    Because of the large number of people who took Zantac and related drugs, a class action lawsuit could also occur. This would be for users who do not have a cancer diagnosis but did not receive any warning of the cancer risks before using the drug. Class action lawsuits generally work like one large lawsuit, and the class members split the settlement or award evenly.

    Other Consumers Are Taking Legal Action after Taking Generic Ranitidine

    While brand-name Zantac manufacturers GlaxoSmithKline (GSK), Pfizer Inc., Boehringer Ingelheim, and Sanofi are the primary defendants in this lawsuit, they are not the only manufacturers involved. However, there is some confusion about eligibility for those who only took generic versions of the drug. 

    When U.S. District Judge Robin Rosenberg granted a motion that effectively ended all claims based on design defects of the drug, it left many plaintiffs and potential claimants wondering what to do. Reuters reported this motion on January 8, 2021. This motion did not end all claims against generic manufacturers, however. Instead, these plaintiffs must approach their cases differently.  

    Their lawyers need to reorganize their arguments following the directions outlined by the court in the ruling. This could allow plaintiffs’ claims to continue and possibly strengthen their lawsuits against the drug companies. Of course, those who have not yet started their generic ranitidine lawsuits can follow this new roadmap set by Judge Rosenberg to strengthen their claim.

    You Only Have Two Years to File a Zantac Case in Illinois

    Under 735 ILCS 5/13-202, those who suffered injuries only have up to two years to start a lawsuit. This statute of limitations applies to all personal injury cases, including defective drug cases. Each state sets its own statute of limitations, and exceptions may exist. 

    Meeting the deadline set by the statute of limitations is essential to protecting your right to seek financial recovery. If you miss your state or jurisdiction’s deadline, the court could bar you from acting to recover compensation. This could mean you cannot recover any money for your expenses and losses. 

    Meeting any applicable deadlines is imperative when navigating the claims process or the legal system. When you work with an attorney, they will manage this for you. However, you must act to enlist their help with enough time for them to move your case forward before the deadline. 

    Zantac Heartburn Medication Usage

    Zantac first received U.S. Food and Drug Administration (FDA) approval in 1983. The FDA initially approved it for short-term use of stomach ulcers. However, this quickly expanded to include the prevention and treatment of heartburn and gastroesophageal reflux disease (GERD). Both are incredibly common health complaints.

    According to Reuters, Zantac became the top-selling drug in the world within five years of its U.S. approval. The medication made more than $1 billion in annual sales for its original manufacturer, now known as GlaxoSmithKline PLC. It was the first drug to reach this financial milestone.

    Within 15 years, generics and over-the-counter (OTC) versions hit the market, and millions of consumers used the prescription or OTC ranitidine regularly. This continued until concerns about the medication—both brand-name and generic—led to the recall in 2020.  

    What Do People Now Use to Treat These Conditions?

    Doctors have recommended diet and lifestyle changes for those with heartburn or GERD for years. While this option may be effective for some people, others require FDA-approved medications to manage their symptoms. The agency recommended: 

    • Prilosec or omeprazole generics
    • Nexium or esomeprazole generics
    • Prevacid or lansoprazole generics
    • Pepcid or famotidine generics
    • Tagamet or cimetidine generics

    You may notice that some of these medications sound a little like ranitidine. This is because they are the same class of drugs: histamine H2-receptor antagonists or H2 blockers. 

    According to the FDA, however, there is no indication these drugs have the same concerns as ranitidine. This includes Pepcid and Tagamet. Prilosec, Nexium, and Prevacid are proton pump inhibitors and work to prevent heartburn and reflux differently. 

    What are Mass Tort Cases, and Will There be a Mass Tort Zantac Cancer Case?

    Mass torts provide a way for many lawsuits to move through the court system at the same time, preventing cases with a large number of plaintiffs from clogging up lower courts for months or years. In addition, they allow the plaintiffs to work together to prove their allegations. This makes it easier for individuals to prove negligence on behalf of a large corporation such as a drug manufacturer.

    There are two primary types of mass torts: 

    • Multidistrict litigation (MDL)
    • Class action lawsuits 

    Both types of mass torts bring plaintiffs who suffered injuries because of the same defendant together. However, there are significant differences. These include: 

    • In class action suits, the outcome affects all class members (plaintiffs and potential plaintiffs).
    • In MDL, the outcome of a bellwether trial does not directly affect other cases.
    • Class members in a class action suit generally split settlements equally because they all had similar injuries.
    • Plaintiffs in an MDL have varying damages and are more likely to receive a tiered or individual settlement offer.

    A mass tort related to the Zantac cancer case is already underway: MDL 2924. As of June 2022, this MDL is currently in its early stages, where Judge Robin L. Rosenberg reviews and rules on pretrial motions, and each side conducts discovery. The next steps in the MDL include: 

    • Selecting cases for bellwether (test) trials
    • Beginning the first bellwether case, set for October 2022

    After this initial jury trial, the plaintiffs will learn more about the potential for a tiered or global settlement or individual offers. Often in these cases, the defendant will wait to see how jurors react to the evidence available and how the trial proceeds before deciding if they want to offer settlements. Likewise, plaintiffs could drop their lawsuits if the jury believes there is insufficient evidence to rule in their favor.

    Zantac Lawsuits for High Levels of NDMA

    N-Nitrosodimethylamine, or NDMA, is a naturally occurring organic chemical compound. However, it is a contaminant, and leading health organizations recommend limiting NDMA contamination levels whenever possible. This is difficult because it affects many foods, water supplies, air and water pollution, and products. While small amounts are unlikely to cause issues, larger amounts may be carcinogenic, meaning they could cause cancer. 

    According to the FDA, reasonably safe levels of NDMA include: 

    • Up to 0.096 micrograms 
    • 0.32 parts per million (ppm)

    In 2019, The Washington Post and other publications reported that an independent laboratory discovered high levels of NDMA in Zantac and generic ranitidine products. They concluded that the drug contained unacceptable levels of the compound. As a result, Zantac’s current manufacturer, Sanofi, voluntarily pulled the drug from the market. 

    The FDA followed with a request for all manufacturers to remove ranitidine products from the market in April 2020. This includes all types of these medications—prescription, OTC, liquid, and pills. This was when the public became more aware of the potential dangers of these popular medications. As a result, the number of lawsuits filed began to rise. 

    According to the filings in MDL 2924, some people who took Zantac or a generic ranitidine product now suffer from cancers that include:

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

    What You Can Get in Zantac Cancer Cases

    The goal of MDL 2924 is to hold the drug manufacturers legally responsible and get justice for those fighting cancer because of their alleged negligence. A settlement or court award might offer compensation for plaintiffs based on the severity of their cancer, the treatments they underwent, and the expenses they incurred. 

    Damages might include:

    • Medical bills and treatment-related expenses
    • Loss of income
    • Legal fees
    • Funeral and burial costs for those who passed away
    • Pain and suffering
    • Punitive damages

    However, there is no way to know how much you might recover in a Zantac cancer lawsuit at this time. It is too early to know how strong the case may be against these drug manufacturers. Discovery is still underway as of June 2022. Attorneys for the plaintiffs may present evidence that includes:

    • Expert testimony from researchers
    • A number of scientific literature articles linking NDMA to cancer

    Who Is Eligible to Join MDL 2924?

    You may be able to join the multidistrict litigation, RE: Zantac (Ranitidine) Products Liability Litigation, if you:

    • Took Zantac or a generic regularly
    • Received a cancer diagnosis after taking this medication

    The easiest way to learn if you qualify and to get started is to speak with an attorney’s team familiar with the MDL. Most provide free case assessments and consultations. They also answer questions and offer case information in addition to evaluating the strength of your case.

    Get Legal Help If You Faced Health Problems Because of Zantac

    Connect with us today if you took Zantac regularly and later received a cancer diagnosis. You may have strong support for filing a lawsuit and joining MDL 2924 or pursuing other legal options. A mass tort lawsuit attorney can also review your case if you took a generic ranitidine drug. 

    Call us today to get connected with a law firm in our network.

  • Money Damages Surgical Stapling Injuries

    Money Damages Surgical Stapling Injuries

    Surgical stapling is a common procedure in the medical industry, but the results can be devastating when it goes wrong. Injuries caused by surgical staples often require extensive medical treatment and can lead to lifelong disability. Patients may seek damages in a lawsuit against the manufacturer of the surgical stapler or the operating doctor.

    According to the U.S. Food and Drug Administration (FDA), from 2011 to 2018, there were 41,000 reports regarding the use of surgical staplers. The report further indicated that there were 32,000 surgical stapler malfunctions during the period. There were 9,000 severe injuries and sadly, a full 366 people had lost their lives due to surgical stapler injuries. 

    If you or a loved one has been injured by a surgical stapler, you may be entitled to money damages. A mass tort lawsuit attorney can help you pursue compensation for your injuries, medical expenses, pain and suffering, lost wages, permanent disability or disfigurement, and costs of future medical care

    What Is a Surgical Stapler?

    A surgical stapler is a device used during surgery to seal off blood vessels and incisions, most commonly in a patient’s stomach or chest. The device typically consists of two plates with a row of staples, with a handle at the top that holds the staples before they are squeezed together by the user. 

    The staples are applied to the skin and closed with a press of a button. Surgical staplers are often used instead of stitches, which can be time-consuming and require more skill.

    What are Examples of Surgical Stapling Problems?

    Surgical stapling is a popular choice in the medical world. Unfortunately, it is prone to problems and patients have been injured. Some of the most common injuries caused by surgical staples include:

    • Cuts and lacerations
    • Excessive bleeding
    • Infection
    • Scarring
    • Nerve damage
    • Organ damage

    Injuries caused by surgical staples can be painful and debilitating. They may require extensive medical treatment and lead to lifelong disability. However, if you or a loved one has been injured by surgical staplers, you can sue the doctor and the hospital.

    What Injuries are Commonly Claimed in Surgical Stapling Lawsuits?

    When a surgical staple is used to close a wound, it’s supposed to do so securely and without causing any further damage. Unfortunately, that is not always the case. Surgical staples can malfunction, forcing doctors to reopen wounds or causing other serious injuries. If you or a loved one has suffered injuries as a result of a defective surgical staple, you may be able to file a lawsuit.

    Some of the most common injuries claimed in surgical stapling lawsuits include:

    • Cartilage damage
    • Nerve damage
    • Infection
    • Reopening of the wound
    • Excessive bleeding
    • Death

    If you believe you’ve been injured as a result of a defective surgical staple, a personal injury lawyer can help. A lawyer can help you understand your rights and assess whether you have a case.

    Are there Verdicts and Settlements in Stapler Lawsuits?

    Yes. More and more people are using surgical staplers in surgery every day. Many surgical staplers are used for a variety of surgical procedures. While surgical staplers have become commonplace in the medical world, they can also be dangerous if they malfunction.

    When a surgical stapler malfunctions, it can cause serious injuries to the patient. If you or a loved one has been injured by a defective surgical stapler, you may be able to file a lawsuit against the manufacturer.

    Defective product lawsuits are often filed in cases where there is evidence that the stapler was defective and caused injuries. Some of the most common types of injuries that occur as a result of a defective surgical stapler include:

    • Severe lacerations
    • Burns
    • Organ damage
    • Death

    If you have been injured by a defective surgical stapler, a mass tort lawsuit attorney can help. A mass tort lawsuit attorney can advise you on the best course of action and help you file a claim against the manufacturer. There have been many successful lawsuits filed against surgical stapler manufacturers in recent years. Injured patients have been awarded millions of dollars in damages, and the manufacturers have been held responsible for their defective products.

    Examples of Past Surgical Stapler Lawsuit Outcomes

    In Kuhlmann v. Ethicon Endo-Surgery LLC (the largest-ever case against a medical device manufacturer), a California jury awarded nearly $80 million to Florence Kuhlmann, a former police officer, for injuries sustained by the use of defective surgical staples. 

    Kuhlmann’s bowel was stapled to her anal canal which made her unable to pass stool. Further, she developed sepsis after her bowel burst. These problems were caused by an Ethicon PPH 03 surgical stapler. Subsequently, this particular stapler was recalled.

    In another case, Ryan Strange accepted a $5.5 million settlement in a wrongful death suit when his wife died due to a surgical stapler injury. April Strange had gone to surgery to remove a mass on her liver. The medical team used a surgical stapler to seal a cut vessel. However, it failed to seal which led to blood loss and eventually her death. All the parties agreed to share liabilities. 

    These are just a few examples of the many successful lawsuits that have been filed against surgical stapler manufacturers. If you or a loved one has been injured by a defective surgical stapler, you may be entitled to compensation. A mass tort lawsuit attorney can tell you more about your legal rights and options.

    What is a Defective Product?

    Under product liability law, if a product is defective and causes injuries, the manufacturer can be held liable for those injuries. Three main types of defects can occur in products:

    Manufacturing Defects

    If a product has a manufacturing defect, it means there was something wrong with the way it was made. For example, if a surgical stapler is defective because the staples are not properly aligned, that would be considered a manufacturing defect.

    Design Defects

    Design defects occur when the design of the product is inherently dangerous. For example, if a surgical stapler is designed in such a way that it is likely to misfire, that would be considered a design defect.

    Marketing Defects 

    Marketing defects happen when the manufacturer doesn’t provide adequate warnings or instructions about how to use the product safely. For example, if a surgical stapler is marketed as being safe for use on pediatric patients, but is later found to be dangerous for children, that would be considered a marketing defect.

    What Kinds of Damages Can I Pursue for My Surgical Stapler Injuries?

    If you are injured by a defective surgical stapler, you may be able to recover damages. Money damages can include compensatory damages, which are meant to compensate you for your losses, and punitive damages, which are meant to punish the manufacturer. Your lawyer will be able to tell you what damages you may be entitled to receive.

    There have been a number of lawsuits filed against manufacturers of defective surgical staplers. Some of these lawsuits have resulted in large payouts for the victims. For example, in the largest surgical stapling lawsuit, the victims were awarded over $80 million in damages (case cited above).

    If you have been injured by a defective surgical stapler, you should speak with a lawyer. A lawyer can help you understand your rights and guide you through the legal process. These damages include:

    Economic Damages 

    Economic damages compensate you for your financial losses. They can include:

    • Medical Expenses: If you are injured by a defective surgical stapler, the resulting medical expenses could be very high. These expenses may include fees for medical treatment, hospitalization, and prescription drugs.
    • Lost Income: If you are unable to work because of your injuries, you can pursue compensation for lost income. This includes wages that you would have earned if you had not been injured and money that you will lose in the future because of your injuries.
    • Damage to Property: If any of your personal property was somehow damaged in the process, you may also be able to recover compensation for those belongings.

    Non-Economic Damages 

    Non-economic damages compensate you for your non-monetary losses, including:

    • Pain and Suffering: If you are injured by a defective surgical stapler, you’ll likely experience at least some pain and suffering. This includes physical pain and suffering as well as emotional pain and suffering.
    • Emotional Distress: Being injured (even accidentally) by a doctor you trusted can be traumatizing and you may experience emotional distress. This includes feelings of fear, anxiety, and sadness.
    • Loss of Consortium: Your defective surgical stapler injury may cause your spouse to suffer a loss of consortium. This includes the loss of the benefits of marriage, such as companionship and sexual relations.
    • Wrongful Death Damages: If a loved one is killed by a defective surgical stapler, you can seek wrongful death damages. These could include compensatory damages, which are meant to compensate the victim’s family for their losses, or even punitive damages, which are meant to punish the manufacturer.

    If you’ve lost a loved one because of a defective surgical stapler, a lawyer can help you understand your rights and gently guide you through the legal side of this difficult time.

    Why You Should Hire a Mass Tort Lawsuit Attorney

    If you’ve been injured by a defective surgical stapler, you may be wondering whether you have grounds to sue. The answer to that depends on a variety of factors, including the severity of your injury, who manufactured the stapler, and where you live. A lawyer who specializes in mass tort lawsuits can help. A mass tort lawsuit is a type of lawsuit involving multiple plaintiffs who have all been injured by the same product or service. 

    Mass tort lawsuits can be complex and time-consuming, but an attorney who understands the process can help you navigate it. Mass tort lawsuit attorneys know how to build a strong case on your behalf. If you’ve been injured by a defective surgical stapler, a mass tort lawsuit attorney can tell you more about your options.

    Questions Your Attorney May Ask

    Your personal injury attorney may ask you a variety of questions in order to determine if you have a case. Some of the questions they may ask include:

    • How were you injured?
    • Who manufactured the stapler?
    • What is the statute of limitations in your state?
    • What are your medical expenses to date?
    • Have you lost income as a result of your injury?
    • Do you have any photos or videos of the stapler in use prior to your injury?
    • Did anyone witness your injury?

    These are just some of the questions your personal injury lawyer may ask. It’s important to be prepared and gather as much information as possible before meeting with them. In addition, your attorney can answer any questions you may have and keep you updated on any developments as the case progresses, guiding you through the process with solid legal counsel and advice. 

    Consult a Surgical Stapler Lawsuit Attorney

    If you or a loved one have been seriously injured by a surgical stapler, you may be wondering what kind of compensation you could recover in a lawsuit. While each case is different, there are some general categories of damages that are often awarded in these cases.

    These types of injuries can have a profound impact on every aspect of your life. You may be unable to work, care for yourself, or even enjoy your life the way you did before the injury. Let the attorneys in our network help you seek compensation. You don’t have to do this alone. At the Sentinel Group, we understand the difficulties you may be facing and are ready to help you pursue the justice you deserve.

  • Textured Breast Implant Lawsuits: FDA Will Study How Patients Perceive Risks and Benefits 

    Textured Breast Implant Lawsuits: FDA Will Study How Patients Perceive Risks and Benefits 

    The U.S. Food & Drug Administration’s (FDA) Center for Devices and Radiological Health (CDRH) announced that it will take a closer look at how patients perceive the risks and benefits of textured breast implants—including cancer risks related to the products. The FDA intends to publish its findings later this year and use them to inform how it regulates textured breast implants in the future. 

    Allergan, a maker of textured breast implants, withdrew certain products from the market in 2019 following an FDA recall order. Textured breast implants have been linked to a form of cancer known as breast implant associated-anaplastic large cell lymphoma (BIA-ALCL), a type of non-Hodgkin’s lymphoma.

    If you developed an illness from textured breast implants, complete our contact form to connect with a personal injury lawyer in our network.

    What Are the Risks Associated With Breast Implants?

    Textured breast implants have a rough surface designed to prevent migration in the body. However, these products were the subject of the Allergan recall and resulting lawsuits. Textured implants and other breast implants have been found to place patients at risk for a number of health concerns. According to the FDA, these risks include:

    • Complications from implantation, such as nipple sensation changes
    • Implant rupture and deflation
    • Scar tissue that leads to squeezing of the implant
    • BIA-ALCL and breast cancer
    • Diseases of connective tissue
    • Reproductive concerns

    Breast implants also often entail a need for future surgery. After all, implants do not last over the course of a lifetime in most cases.

    As of 2021, the FDA issued a new labeling requirement for all breast implant products. These labels describe the health risks named above. Surgeons and doctors are expected to review these risks and potential benefits with patients, per the FDA’s latest regulatory requirements.

    What About Silicone Implants?

    There are two types of materials used to fill breast implants: silicone and saline. Silicone-filled breast implants also come with several unique concerns. The FDA’s boxed label requirements note that these implants can have the potential to rupture, and the agency recommends rupture screenings to prevent this complication. 

    Additionally, research has shown that a number of health issues can result from silicone breast implants. This includes fatigue and cognitive impairment, among other symptoms. The silicone in these implants can also migrate in the body, causing a chronic inflammatory condition. (Current Opinion in Rheumatology)

    Lawsuits Seek to Hold Manufacturers of Textured Breast Implants Accountable

    Some manufacturers of dangerous textured breast implants face liability for patients’ health complications, including BIA-ALCL and other diagnoses. Many cases against Allergan have been consolidated into a multidistrict litigation (MDL) in New Jersey. 

    If you believe you may have been harmed by an Allergan implant, you could have a right to seek compensation. You or your lawyer will need to show that:

    • You had an Allergan implant any time between 1998 and 2019.
    • You have a recalled Allergan implant.
    • You have a health diagnosis directly related to your implant, such as BIA-ALCL.
    • You suffered damages as a result, such as medical bills and lost income.

    A personal injury attorney can help you understand your eligibility to file a lawsuit and build evidence to demonstrate this link between a breast implant and your health condition. Fill out our contact page to learn more and get connected with a law firm today. 

  • Supreme Court Rejects Bayer’s Appeal of Roundup Victims’ Award 

    Supreme Court Rejects Bayer’s Appeal of Roundup Victims’ Award 

    The Supreme Court will not review the decision of a lower court to award $87 million to two California Roundup victims. Alva and Alberta Pilliod originally received $2 billion in damages before a California judge reduced the verdict to $87 million. The Pilliods argued that they both faced non-Hodgkin’s lymphoma after using Roundup for years. (Reuters)

    This marks the court’s second recent decision not to review Bayer’s appeal of a weedkiller lawsuit’s outcome. The decision also comes on the heels of a federal court order directing the Environmental Protection Agency (EPA) to reconsider its designation of glyphosate—the active ingredient in Roundup—as non-carcinogenic.

    Connect with us today so we can pair you with a Roundup lawsuit attorney in our network.

    Bayer Facing Billions in Liability for Weedkiller Lawsuits

    While Bayer has already settled over 100,000 Roundup lawsuits, over 30,000 cases remain to see a resolution. (Bayer) Amid substantial plaintiffs’ verdicts, such as the original $2 billion verdict for the Pilliods, Bayer settled the majority of cases for nearly $10 billion in total, per National Public Radio (NPR). 

    Bayer sought to shut down the remaining 30,000 cases with a favorable Supreme Court ruling—which the company did not secure. In addition to the Pilliod case, the Supreme Court refused to reconsider a $25 million verdict for Edwin Hardeman. (CNBC) In a 2021 press release, Bayer said that it would set aside an additional $4.5 billion to resolve the remaining Roundup cases if the Supreme Court rejected its appeal of these major verdicts.

    The biggest awards for Roundup plaintiffs reflected substantial punitive damages. The lawyer for Alva and Alberta Pilliod argued for $1 billion for each of the Pilliods, reasoning that this reflected the company’s annual profit in 2017.  

    EPA Ordered to Reconsider Non-Cancerous Designation of Glyphosate 

    Earlier last month, a U.S. Court of Appeals found that the EPA must review its safety assessment of Roundup’s active ingredient, glyphosate. 

    In 2020, the EPA announced its conclusion that glyphosate posed no risk to human health and the ingredient is not carcinogenic, meaning it does not cause cancer. However, Roundup litigation has revealed significant evidence that glyphosate is dangerous to public health and can be linked to cancer in farmworkers, groundskeepers, and others who faced long-term exposure to the weedkiller.  

    Additionally, internal company documents from Monsanto—the original maker of Roundup—have shown that the company actively promoted misinformation about the product’s safety. (The Guardian) Among other efforts, Monsanto scientists published papers on glyphosate under other authors’ names. These scientific papers created by the industry formed the basis of the EPA’s decision to designate glyphosate as non-threatening to public health.

    Get Legal Help if You Were Hurt By Roundup or Another Dangerous Product

    If Roundup or another toxic product harmed you, you could seek justice and compensation. People who can show that they faced a cancer diagnosis as a result of using Roundup can seek damages for the medical bills, lost earnings, and other losses. 

    Fill out our contact form to get connected with a mass tort lawsuit attorney in our network. They can help you understand your options for joining the existing Roundup lawsuits or bringing your own suit.

  • Lawsuits Filed Against Cartiva for Defective Big Toe Implant Devices

    Lawsuits Filed Against Cartiva for Defective Big Toe Implant Devices

    Several recent plaintiffs allege that a synthetic cartilage implant for people with arthritis of the big toe can cause more harm than good. The manufacturers of the Cartiva big toe implant are the defendants of two recently filed lawsuits, both of which seek damages for defects related to the device.

    Soon after the Cartiva device was released to the market, doctors and patients began observing that the implants did not function as optimally as advertised. Some patients faced device slippage, among other defects. If you faced health complications related to the Cartiva device, you could have a case for compensation. Read on to learn more about your eligibility to file suit.

    Recent Lawsuits Against Cartiva

    Plaintiffs are beginning to file lawsuits for damages related to Cartiva’s defects, including:

    • Gina Neil, who filed suit in the U.S. District Court for the Western District of North Carolina on May 31, 2022
    • Gabriel Gesmer, filing in the U.S. District Court for the Northern District of California on March 14, 2022

    The Gesmer lawsuit argues that Cartiva’s implant did not meet federal standards before the device was sold to the public. Further, Gesmer’s attorneys state that Cartiva was aware of the product’s dangers, receiving thousands of adverse event reports. Gesmer’s defective implant caused him nerve damage, bone loss, mobility loss, and toe swelling.

    Other patients and doctors have reported additional defects. The device can migrate inside the toe and cause bone damage, a process called subsidence. This can lead to loss of mobility, pain, and other complications.

    The Cartiva device was originally designed to spare patients from surgical procedures typical for those with arthritis of the big toe. The manufacturers originally promoted the device as offering significant improvement in foot functionality and patient quality of life after implantation. (U.S. Food & Drug Administration (FDA)) However, doctors have since noted that real-world patients do not experience the same quality of results as originally described in early clinical studies.  

    How Do I Know if I Qualify for a Cartiva Lawsuit?

    People who are now facing poor outcomes with a Cartiva device should know that they may qualify for compensation. You could file a lawsuit if you can show that:

    • You had a Cartiva device implanted in your big toe.
    • The device did not function as intended or otherwise failed.
    • You faced costs and losses as a result, such as corrective surgeries or other medical care.
    • You did not have certain pre-existing health conditions, such as gout, cancer, lupus, Chron’s disease, and other conditions.

    If you meet these criteria, you could seek damages for your medical bills, lost income, pain and suffering, and other losses. 

    You Can Get Help From a Law Firm to Build a Case Against Cartiva

    To bring a case against Cartiva, you may want help from an medical device injury lawyer. They can tell you more about your qualifications to file suit and the next steps to take for your case. 

    Many personal injury lawyers offer free case reviews. Contact our team today to learn more and connect with a lawyer in our network. 

  • Lawyers Expect More Lawsuits Against Exactech After Expanded Knee Device Recall

    Lawyers Expect More Lawsuits Against Exactech After Expanded Knee Device Recall

    In April 2022, the medical device manufacturer, Exactech, expanded its initial recall of knee replacement devices. The company noted that a packaging defect affected more knee replacement devices than originally described in the first recall. 

    Exactech stated in August 2021 that certain devices faced harmful oxygenation from insufficient packaging. However, all devices with insufficient packaging would later be recalled—regardless of the product’s labeling or shelf life. As a result, lawyers have noticed an uptick in liability lawsuits related to the product and anticipate that additional suits will soon be filed as patients receive recall letters.

    What’s the Problem with Exactech Knee Replacement Devices?

    The source of the problem with Exactech’s knee replacement devices is a polyethylene (plastic) insert. Due to the chemical makeup of this component, the device must be stored and shipped inside oxygen-tight packaging. However, certain devices did not receive a secondary protective packaging layer during manufacturing, which led to damage from oxidation. 

    As a result, these knee replacement devices can be mechanically compromised. They could wear more rapidly, loosen, or crack inside a patient’s body. These issues could lead to further health complications for patients, such as knee swelling, pain, or bone loss. 

    Exactech advises that patients with affected devices should be closely monitored in anticipation of potential device failure. The company does not suggest that affected devices should be preemptively removed if patients are not experiencing symptoms or pain related to the device. However, those facing wear or pain may require revision surgery. Exactech will cover out-of-pocket expenses for these necessary procedures. 

    Suits Against Other Knee Replacement Manufacturers

    Exactech is not the only company facing liability for knee replacement device failures and defects. The following manufacturers have faced lawsuits:

    • Depuy Attune
    • Zimmer NexGen
    • Arthrex iBalance
    • Sulzer Medica
    • Zimmer Biomet
    • Stryker

    In 2018, plaintiffs received a settlement in the MDL against Zimmer NexGen. However, the settlement amount was confidential. In 2002, Sulzer settled 4,000 liability claims for $1 billion.

    Many of these knee replacement lawsuits argue that the devices either loosened inside the body or failed to properly attach to the knee bone after surgery. As a result, patients often require revision surgery to address the consequences of these defects.

    A Lawyer Can Help You Bring a Liability Case for a Defective Knee Replacement

    You could bring a case for compensation if a faulty knee replacement device caused your injury. To recover compensation, however, you will need to show that:

    • You had a defective or recalled knee replacement device implanted. 
    • The device’s defect or design flaw led directly to the health complications you face.
    • You suffered damages, such as medical expenses, as a result.

    Patients can seek a financial recovery for damages in addition to the costs of revision surgery. You could get compensation for necessary medications, hospitalizations, rehabilitation costs, and more. You could also seek damages such as pain and suffering or lost income. 

    A personal injury and mass tort lawsuit lawyer can help you understand your eligibility for a lawsuit, build a legal strategy, and stand beside you throughout your case. Contact our team today to learn more and get connected with a lawyer in our network.

  • AFFF Settlements: What Can Victims Expect?

    AFFF Settlements: What Can Victims Expect?

    Aqueous Film Forming Foam (AFFF) is a type of firefighting foam used on military bases, airports, and industrial sites. While the Department of Defense (DoD) has committed to stopping the AFFF usage, it won’t phase out until 2024.

    Thousands of people exposed to these toxins have sued the companies, Tyco Fire Products, 3M Company, and others that made the foam used in the firefighting foam. These lawsuits allege that the manufacturers failed to disclose the full health risks of their AFFF products. The chemicals in these products are carcinogens and can cause kidney, liver, and brain damage.

    The manufacturers have spent millions of dollars in settlements with people who have filed lawsuits over their exposure to AFFF. These settlements will pay for medical bills related to resulting cancer diagnoses and other illnesses. AFFF lawsuit payout varies from case to case, but generally, victims can expect to receive compensation for their injuries. Fortunately, they can enlist legal representation to help them recover compensation for their injuries.

    AFFF Lawsuit Loans

    Those exposed to this chemical should consider applying for an AFFF lawsuit loan that Verum funding offers. This company specializes in litigation funding and offers services for those suffering from serious health issues due to their AFFF exposure, which makes it difficult for them to get by financially. By taking out an AFFF lawsuit loan, you can get the money you need to get back on your feet as soon as possible.

    Also, AFFF lawsuit loans are non-recourse. If you lose your case, you will not owe anything. Verum Funding will take the risk and get paid if your case is successful.

    How Can an AFFF Lawsuit Loans Help?

    AFFF lawsuit loans are a great way to help with the financial burden of a lawsuit. The loan helps with different needs, including:

    • Mortgage payments
    • Medical bills
    • Utilities
    • Car payments
    • Rent 
    • Groceries
    • Legal bills

    The best part about AFFF Lawsuit Loans is that they are easy to obtain; you only need to fill out a simple application online. There are no credit checks or employment verification, unlike with banks. Once they approve you for the lawsuit cash advance, you can expect your money shortly—usually less time than what conventional lending institutions offer.

    Once you receive your lawsuit loan, you can use it to pay off an existing debt or bills. The beauty of pre-settlement loans is that they are available to anyone who has a legitimate claim against another party. If you are looking for assistance with your lawsuit funding needs, check out the Verum funding website. 

    AFFF Lawsuit Loans and Verum Funding, Can They Work with My Attorney?

    Verum Funding has worked with thousands of law firms across the country, helping with everything from real estate litigation to consumer litigation financing.

    The Verum Funding networks with law firms across the country that provide legal services to people who need help with cases such as:

    In addition to providing litigation finance for clients in need, Verum Funding offers lawyer and plaintiff funding. They have helped hundreds of clients across the country get access to cash for their lawsuits. Many of these clients have been injured by asbestos, mesothelioma, lead paint, defective drugs, and medical devices.

    How Much Compensation Will I Get if I Was Exposed to AFFF?

    You may be entitled to recover compensation based on the circumstances of your case. The most important factor in determining how much compensation you will receive is the level of exposure you had to AFFF.

    If your exposure was minimal and did not cause any significant health issues, then you may receive less compensation than someone constantly who was exposed and developed serious complications.

    Other factors that affect your AFFF lawsuit payout include:

    The Long-Term Prognosis and Seriousness of Your Injuries

    This aspect includes whether you will have long-term effects on your quality of life. For example, if your ailment developed into infections that required multiple surgeries over time, that would affect how much compensation you could receive. Care for these complications would be more costly than just treating simple injuries, so you could claim more damages in your lawsuit.

    Also, medical professionals determine the long-term prognosis based on symptoms and conditions. If your condition is permanent, significant compensation may be available. If there is no long-term prognosis or it is unclear whether there will be long-term problems from AFFF exposure, you may be entitled to recover fewer damages.

    The Intensity of Pain and Suffering

    Does your injury, illness, or treatment cause intense pain? If so, you can account for pain and suffering in your lawsuit, because pain can take away from the quality of life and make it difficult to perform daily tasks like driving or cooking. 

    If Your Exposure to AFFF Incapacitated You

    Suppose you have suffered permanent damage and are unable to work as a result. Then, you could receive more money than someone who is still able to work, even if they also suffered damage due to their exposure.

    Potential AFFF Settlements in Firefighting Foam Cancer Cases

    In any AFFF lawsuit, there is a lot at stake, including your health and finances. If you have been diagnosed with mesothelioma or another cancer from exposure to AFFF, it’s important to understand how these lawsuits are progressing and what you can expect.

    Firefighting foam manufacturers may have to pay millions of dollars if AFFF settlements proceed. The health effects of these toxic chemicals have been debated for decades, but recently, the EPA has linked them to human health problems, including cancer. As a result, people who served as firefighters or drank contaminated water are suing the manufacturers of AFFF foam for damages, including medical bills and lost wages.

    Recent lawsuits have resulted in multi-million dollar settlements.

    DuPont and Chemours Co.

    DuPont and Chemours Co. settled a class-action lawsuit over the chemical perfluorooctanoic acid (PFOA) contamination of the local water supply with 3,550 plaintiffs for $671 million.

    The settlement is one of the largest environmental settlements in U.S. history. The plaintiffs alleged that PFOA—an ingredient used in AFFF—had contaminated their drinking water. This chemical has since been linked to health problems, including testicular cancer, kidney cancer, thyroid disease, and preeclampsia.

    The settlement follows a ruling where a Southern District Court of Ohio denied DuPont’s motion to dismiss the case based on preemption grounds. As such, federal law preempts state tort claims against manufacturers who produce products regulated by the Environmental Protection Agency (EPA).

    3M Company

    The aforementioned settlement comes several years before another large settlement involving AFFF. In 2018, 3M Company agreed to pay $850 million in connection with claims that its AFFF products were responsible for causing cancer to victims who used water from the Mississippi river in Minnesota.

    What to Know Before You File a Lawsuit

    People have filed thousands of lawsuits against the AFFF manufacturer and other parties involved. Many of these lawsuits seek damages for loss of income, medical bills, and other financial burdens caused by the chemical. You should know several things before filing a lawsuit over an AFFF settlement. 

    First, it is important to understand that other people have already filed claims against the same defendant. If this is the case, you need to make sure that your claim is different enough from theirs that the law of res judicata will not bar it. In other words, if your facts are too similar to another person’s case, then your case could get thrown out.

    Second, before filing a lawsuit, you should ensure that you are eligible to sue in federal court. For example, if you live in Texas and would like to file a federal suit against DuPont over their actions related to PFOS contamination in drinking water in West Virginia, then there are certain rules that apply regarding venue and jurisdiction. If you do not follow these rules accordingly, your case could get dismissed right away, and you would lose your right to compensation.

    Thirdly, there is no guarantee for compensation for your injuries any time soon. When companies become aware of potential lawsuits, they often try to settle out of court as quickly as possible. They may offer an “early settlement” option that allows those who agree not to wait until the conclusion of their case to receive compensation. However, this can lead to delays and leave people waiting for the AFFF lawsuit payout for many years.

    Lastly, you may not have much choice regarding how much money you receive from the responsible company, as many factors, such as the extent of health complications and levels of exposure, come to play. Also, the final settlement is divided among the plaintiffs, so you may get less than what you had anticipated.

    What Is a Contingency Fee?

    A contingency fee is a legal fee that an attorney or law firm agrees to take in exchange for representing you. In a typical contingency fee arrangement, the attorney only gets paid if you win or settle your case. You don’t have to pay anything unless there’s a successful recovery.

    The Statute of Limitations for AFFF Lawsuits

    The statute of limitations is the time limit within which you must file a lawsuit, and it varies by state. If you wait too long to file, you may miss out on compensation. However, this deadline can sometimes be extended in cases where the victims didn’t discover their injuries until later. 

    Compensation for AFFF-Related Loss or Suffering

    You can receive compensation for AFFF-related loss or suffering for:

    • Medical monitoring and care. The plaintiff may be entitled to recover reimbursement for medical monitoring and treatment related to the exposure, as well as compensation for future medical monitoring and treatment.
    • Loss of income, support, or other benefits. If the plaintiff’s injury or illness resulted from the exposure, they may be entitled to recover compensation for loss of income, support, or other benefits they would have received if not for the exposure.
    • Pain and suffering damages. Your physical injuries are only part of what you’ve been through because of your exposure to AFFF. You may have suffered emotional trauma from the accident or worrying about whether further damage would occur. You might also have had trouble sleeping or concentrating due to pain levels.

    All these losses may be compensable under your state’s laws. 

    Choosing an AFFF Lawsuit Attorney 

    If you are looking for a lawyer to represent you in an AFFF lawsuit, there are some things you should consider. 

    See if the lawyer has previously worked with victims of similar chemical exposures before. This factor helps you determine if they have experience handling cases like yours and how much they know about the specific claims made against the military-grade foam manufacturer. Ask questions about their experience representing clients with specific injuries or illnesses due to exposure to chemicals from AFFF firefighting foam. 

    Next, the reputation of a lawyer’s firm matters because it reflects on their level of skill, knowledge, and trustworthiness within the legal community. You should ask people who have used the services of an attorney before whether they would recommend them to others seeking legal representation in cases involving AFFF systems or other defective products that caused injuries. An attorney with many satisfied clients is more likely to provide top-notch service.

    Let Us Help With Your AFFF Lawsuit 

    If a firefighting foam product injured you or a loved one, you might be eligible to file a lawsuit, so it is important to consult an AFFF lawsuit attorney as soon as possible. We have a network of lawyers who can analyze your case and determine whether or not you have a case. An AFFF lawyer will explain the legal process and answer any questions about filing a lawsuit and AFFF lawsuit payout, among others.

    Fill out our contact form today and let a lawyer help with your AFFF lawsuit.

  • What Toxins Were in the Water at Camp Lejeune?

    What Toxins Were in the Water at Camp Lejeune?

    According to the U.S. Agency for Toxic Substances and Disease Registry (ATSDR), various colorless chemicals used in the dry cleaning process were in the drinking water at Camp Lejeune in Jacksonville, NC. Those chemicals included:

    • Benzene
    • Vinyl chloride (VC) 
    • Trichloroethylene (TCE)
    • Tetrachloroethylene (PCE)

    These chemicals have various industrial uses, including degreasing and the development of plastics. They are not meant for human consumption.

    If you or a loved one has been affected by contamination at Camp Lejeune, fill out this contact form. An attorney can pursue fair compensation for the hardship you’ve suffered.

    Who Suffered Contamination from Toxins in Camp Lejeune Water?

    As a Marine Corps base, Camp Lejeune houses both military service members and their families. These service members and their loved ones believed that the water they accessed at Camp Lejeune was safe—it was not. The tainted water went undetected for decades between the 1950s and 1980s, likely exposing millions to serious health problems.


    Most residents at Camp Lejeune likely used this water to:

    • Bathe themselves and their children
    • Drink
    • Cook

    The Timeline for Water Contamination at Camp Lejeune

    The United States Marine Corps (USMC) details the timeline of Camp Lejeune water contamination, explaining that:

    • Authorities managing Camp Lejeune did not begin to test water for the presence of certain harmful chemicals until “the early 1980s”—despite Camp Lejeune being operational since June 1941.
    • Those testing the water discovered the presence of trichloroethylene (TCE) and tetrachloroethylene (PCE)—two chemicals central to Camp Lejeune lawsuits—by accident after testing for other chemicals.
    • It was not until 1984 that the Marine Corps began testing “some drinking water wells” in the area.
    • It was not until 1987, when federal regulations against these harmful chemicals came on the books, that more comprehensive efforts to cleanse Camp Lejeune water sources took place.

    Though estimates state that contamination likely began in 1953, this is merely an estimate. Because comprehensive testing did not begin until the 1980s, you may be eligible to take legal action if you lost a loved one who resided at Camp Lejeune at any time before 1987.

    How Did the Water at Camp Lejeune Become Contaminated?

    Per the USMC, improper disposal of industrial waste caused water contamination at Camp Lejeune. More specifically, the polluted water resulted from:

    • Improper industrial waste disposal on Camp Lejeune (by the military itself)
    • Leaking “storage tanks” of dangerous chemicals on Camp Lejeune (another hazard that appears to be the fault of the U.S. Marine Corps)
    • Improper waste disposal practices by an off-base dry cleaning service

    Ultimately, the United States is responsible for the quality of the water on its bases.

    What Could Have Prevented the Widespread Poisoning of Camp Lejeune Residents?

    All lawsuits against the United States government (and other defendants) will focus on negligence. A specific question that attorneys will answer is, “How could the U.S. government have prevented such widespread contamination for such a long period of time?”.

    Your attorney may suggest that authorities could have:

    • Conducted more routine, comprehensive testing of drinking water from an earlier date
    • Safely disposed chemicals on the base
    • Checked on the status of stored chemicals, ensuring that the tanks weren’t leaking into local water sources (as we now know that they were)
    • Connected widespread health problems among Camp Lejeune residents to possible toxins in the water

    The fact is that residents at Camp Lejeune were exposed to life-threatening toxins without warning. It appears that liability for this exposure falls upon the U.S. government. 

    Who Is Eligible to Pursue Legal Action Because of Poisoning

    The U.S. Department of Veterans Affairs (VA) explains that it may accept disability claims from veterans who resided at Camp Lejeune for at least 30 consecutive days between August 1953 and December 1987. These criteria are only for those seeking VA disability benefits—the criteria for starting or joining a Camp Lejeune lawsuit may be less rigid.

    You could qualify for a Camp Lejeune lawsuit if you:

    • Lived as a service member’s dependent at Camp Lejeune prior to the detection and eradication of contaminated water (in December 1987)
    • Served in the Marine Corps at Camp Lejeune prior to the eradication of toxic water
    • Lost a loved one who may have been sickened by the contaminated drinking water at Camp Lejeune

    If you have even an inkling that you have suffered because of contamination in Camp Lejeune’s drinking water, speak with an attorney. You should do your due diligence, as you may qualify for compensation to cover healthcare and other damages.

    What Health Problems Have Resulted from the Contaminated Water at Camp Lejeune?

    VA currently recognizes various health conditions related to the water contamination at Camp Lejeune. Those ailments and related symptoms are:

    Female Infertility

    MedlinePlus defines infertility as “not being able to get pregnant after at least one year of trying (or six months if the woman is over age 35)”. If you or your loved one has had difficulty conceiving, then it may be related to ingesting the contaminated water at Camp Lejeune. 

    Miscarriage

    If you or a loved one has suffered one or more miscarriages since exposure to polluted water at Camp Lejeune, you may have a case against the U.S. government. Miscarriages can be extremely traumatic, and you deserve justice for any avoidable trauma you’ve endured.

    Several Cancers

    Several cancers have links to unsafe drinking water, including:

    • Non-Hodgkin’s lymphoma
    • Kidney cancer
    • Bladder cancer
    • Breast cancer
    • Esophageal cancer
    • Leukemia
    • Lung cancer
    • Multiple myeloma
    • Myelodysplastic syndromes, which National Cancer Institute (NCI) explains is a group of cancers affecting the patient’s bone marrow

    VA recognizes each of these cancers as a possible result of Camp Lejeune poisoning. If you or a loved one developed any cancer after living at Camp Lejeune during the relevant time frame, you may deserve coverage for medical costs and other losses.

    Neurobehavioral Effects 

    The Review of VA Clinical Guidance for the Health Conditions Identified by the Camp Lejeune Legislation identifies several neurobehavioral effects linked to the water at Camp Lejeune, including:

    • Lack of coordination
    • Fatigue
    • Confusion
    • Difficulty concentrating
    • Depression
    • Sensory problems
    • Headaches
    • Changes in motor function

    Though the report did not directly link conditions like Parkinson’s disease and Alzheimer’s disease to contaminated water, there could still be some connection. It is worth discussing such conditions with your attorney and doctor.

    Renal Toxicity 

    Renal toxicity occurs when the kidneys are not able to filter and remove toxins from the blood. This condition may ultimately lead to renal failure, both acute and chronic. Chronic renal failure may require you to undergo dialysis, as the NCI explains. Such kidney problems may contribute to one’s death.

    Scleroderma

    Mayo Clinic explains that scleroderma is a group of diseases that affect your skin. Symptoms of scleroderma may also affect the gastrointestinal tract, blood vessels, and internal organs. They are unique to each patient, but they may significantly diminish their quality of life in most cases. 

    If you or a loved one is currently suffering from any of these health problems, you may receive compensation for your expenses and non-economic damages. If you’ve lost a loved one to one of these ailments, you may also receive a financial recovery for wrongful death damages.

    What Kinds of Recoverable Damages Do Camp Lejeune Poisoning Victims Have?

    Every victim of contaminated water at Camp Lejeune has a unique set of damages and a personal story to tell. An attorney will speak with you and your doctors to understand your health condition and related damages.

    Your recoverable damages may include:

    Medical Expenses for a Contamination-Related Condition

    Discuss your health problems with an attorney, even if VA doesn’t list your ailment. A connection to your time at Camp Lejeune may entitle you to recover compensation for:

    • Medical imaging
    • Individual doctors appointments
    • Surgery
    • Chemotherapy 
    • Hospitalization
    • In-home caregiver services
    • Medical equipment
    • Medications 
    • Any other treatments for cancer or other Camp Lejeune-related ailments

    The conditions linked to toxins at Camp Lejeune are extremely serious—life-threatening in many cases. Serious health problems often lead to expensive medical bills. The U.S. government or other liable parties may cover all such costs.

    Pain and Suffering 

    Pain and suffering is a common damage among victims of Camp Lejeune’s water contamination. Any time someone experiences a serious health problem, they and their loved ones may:

    • Become depressed
    • Be unable to engage in normal exercise routines, social lives, and other aspects of daily life
    • Experience suicidal thoughts
    • Suffer immense grief, especially if the health condition is fatal
    • Lose their quality of life

    Your attorney may secure compensation for counseling, medications, and other treatments that could help you or your loved ones.

    Lost Income and Other Professional Damages

    Serious health problems often stop the patient from working. If you’re not working or have reduced your hours, then you may lose income and other professional benefits. 

    Other professional damages may include lost bonuses, lost employer-matched retirement benefits, and loss of progress within one’s field. 

    Damages Specific to Wrongful Death

    If your loved one passed away from a health condition linked to Camp Lejeune, recoverable damages may include:

    • Loss of spousal companionship
    • Loss of parental guidance
    • Funeral expenses
    • Lost financial support
    • The loss of the decedent’s value to your household
    • Pain and suffering (of both the decedent and surviving loved ones)

    An attorney can explain which loved ones are eligible to pursue a wrongful death claim.

    What to Do If You Are (or Could Be) a Victim of Toxic Water at Camp Lejeune

    If you suspect that a health problem is related to Camp Lejeune, speak with a personal injury attorney. They can usually review your case at no cost. An attorney will also ensure you’re receiving medical care for your ailments. They’ll help you document that care, which is a crucial step in cases like yours. 

    With an attorney on your side, you can focus on your health—the most important thing. Your lawyer will handle the legal aspects of your case, like:

    • Gathering the facts about their client’s health condition: Your lawyer will obtain medical records.
    • Enrolling you in the proper lawsuit: You may join an existing class action lawsuit, or your lawyer may go over other legal options available to you.
    • Handling the daily responsibilities of your case: From communicating with the courts to submitting paperwork and monitoring the status of your case, an attorney’s job is to move the case forward.
    • Hiring experts: Experts may be a great benefit to your case, especially with issues of environmental contamination and serious diseases being relevant. Your attorney may pay the cost of hiring such experts.
    • Fighting for the right outcome: Your lawyer will fight for a settlement or judgment that covers your losses. You may have other plaintiffs in your class action, and the recovery could be a large sum.

    Recent Legislation Is Opening the U.S. Government to Liability

    For decades, it has been difficult for victims of Camp Lejeune water contamination to get justice. The legislation made the U.S. government largely immune from liability due in part to North Carolina statutes.

    Recently, American legislators passed the Camp Lejeune Justice Act, which allows victims of water contamination on the base to pursue fair compensation for their losses. This legislation makes it clear: attorneys can seek compensation for victims like you.

    You should not wait to contact a law firm about joining a class action lawsuit. You have waited long enough for the financial reparations you deserve and don’t have to wait any longer.

    Fill Out the Contact Form to Get Legal Help Today

    An attorney is ready to move your Camp Lejeune lawsuit forward, so fill out this contact form

    and await a response. 

    The U.S. government has admitted its wrongdoing and is ready to compensate victims fairly for the harm they’ve suffered. Don’t wait to get the justice you and your loved ones deserve. 

  • What’s Going on with Hernia Mesh Lawsuits?

    What’s Going on with Hernia Mesh Lawsuits?

    Hernia mesh lawsuits are ongoing, and you could be eligible to join a mass tort (in this case, a multi-district litigation (MDL)) against a hernia mesh manufacturer. Your first step in this process may be consulting an attorney, who will review your case and explain the appropriate steps to take.

    Fill out our contact form to get in touch with a lawyer today.

    What Are Hernia Mesh Lawsuits About?

    While the details of each hernia mesh lawsuit differ, common themes tie each together. When individuals suffer a hernia, they have a few options for repairing it. One of those options is a surgical mesh, which surgeons implant in the hopes that it will help the patient’s recovery and lower the likelihood of future hernias.

    Typically made of synthetic or animal-derived materials, a hernia mesh is supposed to strengthen weakened tissue where a hernia could occur. Per the U.S. Food and Drug Administration (FDA), though, surgical hernia meshes have caused several adverse health outcomes.

    Many patients who’ve received a hernia mesh (made by a variety of manufacturers) allege that:

    • The hernia mesh causes pain.
    • The hernia mesh contributes to infection in the abdominal area.
    • Future hernias occur, rendering surgical hernia meshes ineffective.
    • The hernia mesh causes a blockage in the small or large intestine, which can be extremely dangerous.
    • The hernia mesh sticks to nearby bodily tissues and organs, causing health problems.
    • The hernia mesh causes abnormal bleeding.

    These are just a handful of the adverse hernia mesh outcomes that the FDA reports. If you or a loved one has experienced these or other harmful outcomes because of a hernia mesh, you may be eligible to join a lawsuit.

    What Is the Legal Basis of Hernia Mesh Lawsuits?

    Negligence is the basis for most civil lawsuits, and hernia mesh lawsuits are no exception. Allegations against the manufacturers and distributors of defective hernia mesh products include:

    • Defective design: In many hernia mesh lawsuits, plaintiffs do not allege that the doctor implanted the device improperly. Instead, plaintiffs believe that the hernia mesh was designed in a way that caused them harm. In such cases, liability generally falls upon the manufacturer of the defective product.
    • Inadequate product testing: When a defective product reaches consumers and causes harm, one must ask why the product was sold in a defective manner. Failure to adequately test the product before distribution could be an explanation.
    • Failure to warn: If manufacturers knew of defects in a hernia mesh product or should have known about defects, they should have issued warnings to those considering getting a hernia mesh. Manufacturers who failed to issue such warnings could be liable for unreported side effects.

    Negligence happens when someone—hernia mesh manufacturers, in this case—don’t act reasonably. Putting hernia mesh recipients at risk of serious health problems without fair warning qualifies as negligence.

    Status of Hernia Mesh Lawsuits

    Attorneys have filed more than 20,000 lawsuits related to hernia mesh defects. There are several defendants involved in hernia mesh lawsuits (both finalized and ongoing), including:

    • Atrium
    • Bard Davol
    • Covidien/Medtronic
    • Ethicon
    • W.L. Gore and Associates

    These hernia mesh manufacturers have produced a wide variety of specific mesh products. Many of those products are the focus of lawsuits. 

    Some of the latest updates on specific hernia mesh lawsuits are:

    C.R Bard/Davol

    To make matters clear, C.R. Bard is a medical technology developer owned by Becton Dickinson. After the purchase, C.R. Bard was rebranded as Bard Medical, and Davol, Inc. is a subsidiary of Bard Medical. Both companies find themselves entrenched in more than 16,000 total lawsuits, with relevant updates including:

    • June 2022: Antonio Milanesi, the plaintiff in a lawsuit that could have implications for other class action lawsuits, has contested C.R. Bard’s requests for a judgment as a matter of law (JOML). A JOML constitutes a claim by the defendant that the plaintiff’s case is too weak to support a case.   
    • May 2022: Another important case against C.R. Bard/Davol, Stinson v. Davol, Inc. et al., remains primed for trial. Because it is a “bellwether” case (like the Milanesi case), the outcome of the Stinson trial could have great implications for other hernia mesh victims.
    • May 2022: Antonio Milanesi received a favorable verdict of $255,000, but his attorneys were not satisfied. Milanesi’s lawyers continue to seek a new trial, while C.R. Bard/Davol work actively to avoid having to pay a greater verdict.

    Personal injury attorneys are keeping a keen eye on these and other bellwether cases involving C.R. Bard (aka Bard Medical) and its subsidiary Davol. Inc. The outcome of these cases could pave the way for widespread payments to victims of defective hernia meshes Bard and Davol produced.

    Atrium/Maquet

    Atrium is a subsidiary of Swedish medical tech company Maquet and has faced lawsuits primarily related to its ProLite and C-Qur hernia mesh devices. Some updates on these cases include:

    • November 2021: Atrium and its parent company Maquet agreed to settle a case involving its C-Qur hernia mesh device. This outcome may indicate that the companies did not like their chances at trial and could be foretelling other pending lawsuits involving Atrium and Maquet. 
    • October 2021: A jury in Illinois granted Atrium a favorable verdict in a lawsuit related to its ProLite hernia mesh product. Keep in mind that this is only one case and does not mean that other lawsuits involving the ProLite hernia mesh product will be unsuccessful.

    Those suing Maquet and Atrium make allegations similar to other hernia mesh victims—a defective, dangerous product caused various health problems. If Atrium produced a hernia mesh device that caused you or a loved one harm, you may qualify for pending litigation against these defendants.

    Covidien/Medtronic

    Medical technology company Medtronic acquired Covidien in 2014, and so many civil lawsuits name both entities as defendants. Relevant updates include:

    • February 2022: A court declined to consolidate several lawsuits against Covidien and Medtronic into a multi-district litigation (MDL). The court ruled that, at this time, there were not enough plaintiffs to create a single MDL. This ruling is subject to change as more plaintiffs come forward.
    • January 2021: One hundred twenty-six lawsuits were pending in Massachusetts courts against Covidien and Medtronic. It is likely that more civil lawsuits against Covidien and Medtronic will arise as more plaintiffs become aware of the harm that hernia meshes have caused.

    There are more relevant updates emerging each month. If you have questions about pursuing legal action against C.R. Bard/Davol, Covidien/Medtronic, Atrium/Maquet, or other hernia mesh manufacturers, including Ethicon and W.L. Gore and Associates, speak with a personal injury lawyer.

    Attorneys remain attentive to all relevant hernia mesh lawsuit updates. The surest way to find out the latest on any given litigation or learn about joining a lawsuit is to speak with a lawyer. 

    Hernia Mesh Settlements and Amounts 

    There have been hernia mesh settlements. While many of the cases remain in litigation,  relevant hernia mesh verdicts and settlements include:

    • A $184 million settlement paid by Bard Davol in 2011 related to 2,600 lawsuits. 
    • A $66 million settlement paid by Atrium to settle more than 3,000 claims regarding its C-Qur hernia mesh device

    These verdicts are important, but they may only be the start of payouts to those harmed by defective hernia mesh devices.

    What Is the Average Payout for a Hernia Mesh Lawsuit?

    There have not been enough settlements to say with any certainty what the average payout is, or should be, for hernia mesh victims. One lawsuit does provide an example of the per-claim payout that a victim like you may receive.

    The $184 million settlement that Bard Davol paid in 2011 settled 3,000 claims. This amounted to about $70,000 paid per claim. Not every plaintiff in a class action lawsuit receives the same amount of compensation, though. Certain plaintiffs in the Bard Davol lawsuit may have received significantly more than $70,000—this is one reason why average settlement amounts are a limited statistic.

    Consulting an attorney may be the surest way to determine the value of a potential settlement or judgment. They will evaluate your damages, helping you understand exactly what liable manufacturers may owe  you.

    What Are Recoverable Damages in a Hernia Mesh Lawsuit?

    Each story of a hernia mesh recipient harmed by a defective product is completely unique. The losses you’ve experienced are not entirely the same as another plaintiff’s, but there may be significant overlap. 

    Victims of defective hernia mesh devices may suffer:

    Economic Losses

    Economic losses generally have a clear financial cost. Some economic damages that you may experience because of a hernia mesh device are:

    • Lost income: If complications from a hernia mesh device prevent you from working, the manufacturer may be liable for your lost income and other professional damages.
    • Healthcare costs: Recoverable medical costs may include the cost of implanting the defective hernia mesh device, the cost of removing the device, and all treatment for hernia mesh-related health problems.
    • Rehabilitation costs: Serious infections and other health issues caused by a defective hernia mesh device can require rehabilitation. You may get coverage for therapy, medical devices, and other healthcare costs related to your rehab.

    An attorney will work closely with you to identify any other economic damages you’ve suffered.

    Non-Economic Losses

    Non-economic losses are common in hernia mesh lawsuits, and pain and suffering is the most prominent type. Pain and suffering may include:

    • Lost quality of life
    • Emotional anguish
    • Psychological distress
    • Conditions like depression, anxiety, and post-traumatic stress disorder (PTSD)
    • Loss of physical abilities and the activities they allow—working out and intimacy are two important ones
    • Loss of cognitive abilities
    • Changes in personality
    • Loss of value to a household

    The damage caused by defective hernia mesh devices spreads far and wide, but your attorney will quantify and identify all of your losses and then seek fair compensation. 

    Punitive Damages

    A jury may assess punitive damages against a liable hernia mesh manufacturer in your case. These damages are not meant to compensate victims but instead to punish defendants. Such damages will have no effect on the value of your settlement.

    How Long Does a Hernia Mesh Lawsuit Take to Settle?

    As pending cases show, hernia mesh lawsuits do not settle overnight. The legal process takes time, especially when there are millions of dollars at stake. Your attorney will work hard to settle your case or secure a judgment as efficiently as possible. 

    Once bellwether cases continue to end with settlements and judgments, other hernia mesh lawsuits may soon follow. These bellwether cases often set the bar for how much compensation victims deserve and may open the floodgates for subsequent lawsuits.

    How a Hernia Mesh Lawsuit Attorney Will Help You

    A hernia mesh attorney can assist you by:

    • Working with your doctors to determine the nature of your injuries
    • Determining the nature and cost of your damages
    • Determining which hernia mesh manufacturer owes you compensation
    • Enrolling you in a class action lawsuit or filing an individual case on your behalf
    • Drafting and filing all paperwork related to your case
    • Hiring experts to testify on your case’s behalf
    • Corralling witnesses to provide testimony 
    • Negotiating with the liable hernia mesh manufacturer
    • Taking your case to trial, if necessary

    Each lawsuit follows its own course. The same defendant may respond differently to one lawsuit—settling, perhaps—than it responds to another. An attorney will handle your case from start to finish, regardless of which challenges arise in the process.

    By relying on an attorney, you’ll have the necessary time for recovery. You will also avoid the stress that comes from handling a lawsuit. Let an attorney seek justice for you or your loved one.

    Fill Out the Contact Form to Start Your Hernia Mesh Case Today

    Enrollment in hernia mesh-related lawsuits may be time-sensitive. It is not wise to wait to enroll, as you may find that the deadline has passed if you wait too long. It is easy to get the legal help you deserve—simply fill out this contact form to start the process.

    Hernia mesh manufacturers did not do their due diligence and put countless victims at risk of serious health problems. You may deserve compensation if you are one of those victims. Get help today.