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  • FDA Calls on Philips Respironics to Offer New Repair or Replacement Plan for Defective Ventilators

    FDA Calls on Philips Respironics to Offer New Repair or Replacement Plan for Defective Ventilators

    A branch of the U.S. Food & Drug Administration (FDA) is proposing that Philips Respironics submit a new plan for handling defective CPAP, BiPAP, and mechanical ventilator machines. The Center for Devices and Radiological Health (CDRH) is suggesting the company offer an updated road map for the repair, replacement, or refund for the devices affected by the manufacturer’s recent market recall.  

    Before the FDA issues a final order on the issue, Philips can receive a hearing. The FDA previously ordered the company to notify customers about the recall. 

    Device Recall Affects Millions of Patients 

    Philips Respironics recalled several types of CPAP, BiPAP, and mechanical ventilator devices in 2021, which the company estimated could affect between 3 million to 4 million people. People who use these devices have sleep apnea and need breathing support at night and in other clinical settings. (Philips)

    The recall stems from defects related to a sound-abatement foam that could degrade inside the devices over time. Made of polyester-based polyurethane (PE-PUR), a possible carcinogen, patients could be exposed to toxic foam particles in the device’s airway. Additionally, this PE-PUR foam is known to have toxic off-gassing qualities, exposing users to volatile organic compounds (VOCs).

    As a result, people who used the defective devices could have experienced a range of symptoms and health complications, such as asthma, inflammatory responses, or even cancer. (FDA) A mass tort is now pending against Philips for damages related to these defective products, and thousands of plaintiffs are expected to join the suit. 

    Why Is the FDA Proposing that Philips Submit a New Repair or Replacement Plan?

    After its June 2021 product recall, Philips proposed an initial plan to repair the affected devices. The plan would exchange existing PE-PUR foam in the machines for new silicone-based foam. The FDA approved the proposal based on the safety documentation available to the agency at the time.  

    However, after the FDA investigated a Philips manufacturing facility later that year, it found that the proposed silicone foam had failed some safety testing. The FDA has since requested that Philips supply testing data from an independent lab and subsequently revise its plan to repair, replace, or refund devices.

    What Patients Should Know About Recalled Devices

    The FDA states that patients with Philips CPAP, BiPAP, or mechanical ventilators should first speak with their doctors about their options for treatment before discontinuing use of an affected device. 

    To determine if you have a recalled device and learn what comes next after registering a defective machine, an informational video is available from Phillips. (Philips Healthcare) Once you register your device, Philips should follow up with information regarding your replacement options. New information about an updated repair or replacement program may be forthcoming from the manufacturer, however. 

    Learn More About Your Legal Options if You Were Harmed After Using a Defective Device

    If a recalled Philips CPAP, BiPAP, or mechanical ventilator device injured you, you could seek compensation for your damages. Fill out our online contact form to get a case review from a Philips CPAP Mass Tort lawyer in our network.

  • What are Paraquat Settlements?

    What are Paraquat Settlements?

    Reuters released a report in February 2022 about various claimants filing lawsuits against Syngenta for exposing them to paraquat dichloride, an herbicide that might be linked to Parkinson’s disease. Currently, these cases remain ongoing, so there are no current paraquat settlements as of April 2022.

    More than 875 cases have joined a multidistrict litigation (MDL), MDL-3004: Paraquat Products Liability Litigation, against the herbicide producer, per United States District Court records. Many claimants worked in fields that would put them in contact with paraquat, such as agriculture or landscaping work. If you or a loved one developed Parkinson’s disease after being exposed to paraquat, you may qualify to file a lawsuit.

    Pursuing Paraquat Lawsuit Settlements

    If you are interested in pursuing a paraquat lawsuit, you can work with a paraquat lawsuit lawyer in your state that handles product liability cases. This area of personal injury law allows claimants to demand compensation for injuries they suffered as a result of using defective products. 

    In cases involving paraquat dichloride, people who were exposed to the dangerous chemical in their industry may also have grounds to sue the manufacturer for negligence. A personal injury attorney can go over what may be necessary to build your case, how much compensation you should pursue, and what to expect in the legal process as they pursue a paraquat settlement on your behalf.

    What Can a Personal Injury Lawyer Do to Build a Paraquat Lawsuit?

    Personal injury lawyers who handle product liability cases can guide you throughout the litigation process and fulfill legal tasks on your behalf. If your Parkinson’s disease or another severe illness paraquat caused limits your physical or mental functions, your lawyer can manage your case for you and provide updates as it moves through litigation. 

    Common legal services provided by personal injury attorneys and their teams include:

    • Reviewing your medical records and other information to identify the cause of your illness: To establish a correlation between your line of work and how you developed Parkinson’s disease, your lawyer will likely ask for some background on what you do and how you might have been exposed to paraquat dichloride. They may also ask if your illness is documented in your medical records. Your attorney may review other information to establish the key facts of your case.
    • Retrieving evidence during the discovery phase: As your attorney continues investigating your case, they may take steps to retrieve evidence that can support your claims against the defendant. For example, they may collect video footage that shows how you were exposed to paraquat. Or they may present business records that show your employer or company purchased paraquat herbicide, exposing all users to the substance.
    • Handling communications throughout your case: Whether the defendant reaches out to settle out of court or court officials send special notices about your case, your attorney can be the first person to answer these responses. They can also make safe, curated statements that do not jeopardize your case. Your legal team will provide you with updates about your case’s status as needed.
    • Filling out your case’s required paperwork: While it is not necessary to have a personal injury attorney represent you in a lawsuit, it can be useful to have someone who knows which legal forms you must fill out for your case to get accepted. A lawyer can organize their legal team to send notice letters, written responses, and motion requests on your behalf.
    • Attending out-of-court meetings to negotiate a potential settlement deal: Filing a lawsuit does not necessarily mean your case will go to trial. Many cases settle out of court, whether as a method to avoid trial or allow the defendant to avoid an unfavorable verdict. Your lawyer can advocate for your legal interests during negotiation meetings and demand the other party comply with or compromise to your terms.
    • Representing you at trial if necessary: Should your case proceed to trial, your lawyer will prepare your case argument for a jury to reach a verdict. They will present the evidence they discover and lay out your argument for how the defendant acted in gross negligence against you. Litigation can involve multiple types of hearings, all of which your lawyer will serve as your legal representative.
    • Providing legal counsel when you have concerns about your case: Litigation is often confusing or overwhelming for the average person to take in. Additionally, getting into a legal battle with a major corporation like Syngenta can be daunting. Should you ever have questions or concerns about the potential for your case or decisions you are faced with, your lawyer can advise you on how to proceed.

    You can learn more about what to expect from a personal injury lawyer when you call their law office. Many team representatives are willing to discuss the services they provide to their clients.

    Have There Been Any Paraquat Settlements?

    Currently, there have been no settlements or verdicts for cases involving paraquat herbicides. MDL-3004 is still going through pretrial motions, which involves having a judge review all cases involved in the litigation and determining whether they qualify for a trial. Once the judge reviews a summary of each case, they will be sent back to their respective states to be heard in their district court.

    If you or a loved one wants to pursue compensation because you developed Parkinson’s disease or another serious health condition due to paraquat exposure, you still have time to join MDL-3004 by filing a lawsuit. A personal injury lawyer in your state can organize materials and help you file to join this multidistrict litigation effort.

    What Is Paraquat?

    Paraquat dichloride is a dangerous chemical found in herbicides. It is often used to prevent weed growth and maintain proper grass control. Because this chemical is toxic, any herbicide that includes paraquat may only be used for commercial purposes, meaning applicators must have a verified license to use the product. 

    People who work in agriculture, landscaping, or commercial gardening typically use paraquat in their industries, which can leave workers vulnerable to various chemical-related health risks. The Environmental Protection Agency (EPA) has also linked ecological risks to paraquat, in that animals and other living species may be vulnerable to disease and even death if exposed. Because of these factors, the EPA recommends safer alternatives.

    How and Why Paraquat Is Used?

    Paraquat dichloride comes in liquid form and can be applied to weeds, grass, and other plant life via a spray. This herbicide prevents insects from eating the plants and ensures the affected plants can grow properly, which is why it is often used for agricultural or landscaping purposes. 

    Applicators must wear proper safety equipment when using the herbicide, as contact with the chemical on the skin, mouth, or eyes can result in serious side effects.

    Is Paraquat Available for Home and Personal Use?

    No. Residential owners are prohibited from using paraquat as an herbicide for their front or back yards, including home gardens. People with an applicator license are the only individuals who may use paraquat, and they can use it only for commercial purposes. 

    Government regulations prohibit paraquat from intercepting into residential areas since exposure to the chemical can endanger humans and other living species, such as animals and native plants.

    Is Paraquat Used in Public Properties?

    No. The EPA prohibits paraquat from being applied in residential areas, including:

    • Local parks
    • School properties
    • Public playgrounds
    • Dog parks
    • Golf courses

    If you become aware that a party is using paraquat dichloride in a public or residential area, please alert the appropriate authorities in your state to report the incident. You can also report this type of violation to the EPA.

    What Kind of Paraquat Compensation May Be Available?

    If you file a product liability lawsuit against Syngenta about developing serious health side effects after paraquat exposure, you may qualify to receive compensation for these damages:

    • Costs for medical treatment, including future expenses if your injuries/illness is long-term or permanent
    • Lost wages and benefits if your deteriorated health forced you to take extensive time off work to get treatment or recover 
    • Reduced earning potential if your health affects your ability to work in your field or in general, preventing you from taking better-paying job opportunities
    • Pain and suffering and inconvenience
    • Emotional distress
    • Permanent disability, such as permanent organ damage or Parkinson’s disease
    • Diminished quality of life

    Other damages may apply to your case, depending on your illness. Additionally, if you lost a loved one because they could not survive their illness, you or another qualifying family member may be able to pursue compensation for damages, such as funeral expenses, remaining medical debts, and emotional losses related to your grief. 

    Settlements in Similar Cases

    Roundup is another herbicide that has been linked with cancer. Lawsuits involving this herbicide have reached verdicts and settlements, with some examples being:

    • Dewayne Johnson won his lawsuit against Monsanto in 2018 and was awarded $289 million in compensatory damages, according to The Guardian.
    • A California couple won a landslide Roundup cancer case against Bayer in 2019, winning $2 billion in damages, Reuters reports. However, an appeal reduced this award to $86.7 million.
    • Edwin Hardeman won $80 million in compensatory damages from Monsanto in 2019, The New York Times reports. 

    As claimants present evidence on scientific studies that link paraquat to Parkinson’s disease and other negative health consequences, they may be able to follow the legal strategies in Roundup cancer cases to pursue compensation.

    Similarities Between Roundup & Paraquat Claims

    MDL-2741, Roundup Products Liability Litigation, involves cases where claimants allege the herbicide caused them to develop cancer. Various lawsuits have been filed against Monsanto Bayer, the manufacturers of Roundup, in efforts to recover compensation for the claimants.

    Reuters has reported on Bayer’s appeals to reverse compensation awards in lawsuits it lost in previous years.

    Paraquat Dangers & Side Effects

    According to the Centers for Disease Control and Prevention (CDC), paraquat dichloride is associated with several forms of health risks if people become exposed to the chemical, particularly if they get into physical contact with it or ingest it.

    These side effects include:

    • Kidney or liver failure
    • Heart problems, including cardiac arrest (heart failure), heart injuries, or accelerated heart rates
    • Poisoning if ingested in large amounts
    • Lung problems or breathing problems, including lung scarring and pulmonary edema (lungs filled with fluid)
    • Seizures
    • Other scarring, such as in the esophagus if ingested
    • Coma
    • Death

    If you believe you suffered paraquat exposure and now exhibit negative side effects, you should consult your physician and get a physical exam. Your physician can identify the cause of your illness and prescribe the necessary treatment.

    Did This Paraquat Lawsuit Already Reach a Settlement?

    No. Currently, over 875 cases in MDL-3004 are awaiting a judge’s permission to move past the pretrial stage and enter trial in their respective district courts. There is still time to join the MDL, which allows you to file an individual personal injury lawsuit against Syngenta. 

    Your lawyer can explain what to expect should you decide to join the MDL or pursue compensation separately.

    Call for a Free Consultation and Get Connected with a Paraquat Lawyer Today

    If you or a loved one worked in an industry that exposed you to paraquat dichloride, be it through landscaping or farming/agricultural work, you may qualify to file a lawsuit against the manufacturer, Syngenta. A personal injury lawyer near you may be able to represent you and help you demand compensation for the injuries and damages you suffered.

    You can fill out a contact form on our website, and one of our team representatives will reach out to you to discuss your case in a free consultation. From there, we can connect you to a personal injury lawyer from our legal network who serves your state. We aim to connect prospective clients with attorneys to help them pursue the compensation they need.

  • How Long Does It Take to Settle a Talcum Powder Lawsuit?

    How Long Does It Take to Settle a Talcum Powder Lawsuit?

    There is no way to measure how long it will take for a talcum powder lawsuit to settle, as each case involves unique factors specific to the plaintiff. Certain factors may affect how long it will take for your case to settle, such as:

    • How long the discovery phase is. This phase is the period where your legal team investigates your case to retrieve as much evidence for your case as possible
    • Whether the defendant is cooperative during negotiation meetings and willing to meet your terms
    • Whether you agree to a settlement offer you receive based on how much you calculated as the value of your damages (you may receive multiple settlement offers until you agree to one or reach a verdict)
    • Whether you decide to file your lawsuit and go through the trial process
    • Whether you decide to wait until you file your lawsuit to determine how severe some of your damages are, such as medical expenses or your healing time
    • How long it takes to find other plaintiffs if you decide to join a class action

    If you decide to have a personal injury lawyer represent you, you can speak with one of their team representatives, who can give you a run-down on what to expect during the litigation process. They can also update you as your case moves forward.

    Talcum Powder Lawsuit – Settlement & Recall – Cancer & Mesothelioma

    As of April 2022, the United States Judicial Panel on Multidistrict Litigation (JPML) has recorded 38,609 total actions filed against Johnson & Johnson (J&J) for its talcum powder products. These actions are grouped together in MDL-2738, Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, and they will be reviewed by a district judge for a pretrial hearing before being sent back to each plaintiff’s individual state. 

    What Are Talcum Powder Lawsuits About?

    The core argument behind these cases is that Johnson & Johnson knew about the dangers of its talc-based products before its 2019 voluntary recall of over 33,000 bottles of baby powder, as reported by Reuters. These products contain talc that was found to be contaminated with asbestos, a substance that can cause cancer if inhaled or ingested. 

    As a result, thousands of plaintiffs have come forward alleging that years of using talc-based products have led them to develop cancers in the ovaries, lungs, esophagus, kidneys, and other affected organs. However, most cases focus on ovarian cancer and mesothelioma.

    Which Products Did the FDA Recall?

    The U.S. Food and Drug Administration (FDA) recalled the following Johnson & Johnson products due to asbestos being found in them:

    • Baby Powder
    • Shower to Shower
    • Gold Bond

    The recall occurred in October 2019 and has officially ended. However, if you used these talcum powder products before 2019 and developed cancer as a result, you may qualify to demand compensation from the pharmaceutical company.

    Talcum Powder Lawsuit Settlement Amounts

    Another factor that can affect how long it might take to settle your talcum powder lawsuit is the value of your damages. Before submitting your lawsuit, you will have to calculate an approximate value of your total compensatory damages, which you will list in detail in your demand letter to the defendant. 

    If you have a personal injury lawyer, they can do this for you based on the damages you describe to them and the evidence they find to support these claims. 

    What Kind of Compensatory Damages Can I Claim in a Talcum Powder Lawsuit?

    If you developed ovarian cancer, mesothelioma, or another type of cancer due to talcum powder products, you may qualify to receive compensation for the following types of damages:

    • Medical expenses: You may claim compensation for any expense you made to cover the costs of treatment, medical equipment, prescription medicines, surgical procedures, and emergency care related to your diagnosis. If your illness is ongoing, you can also demand compensation for future expenses you expect to face for your treatment.
    • Income loss: Cancer often forces people to take an extensive number of sick days so that they can go to doctor’s appointments and chemotherapy. Some days, people might not have the energy to do work. If a patient’s condition worsens, they may not be able to work in general. However, if your diagnosis affects your ability to earn income, you can demand compensation for your current and future income loss.
    • Pain and suffering: This category of compensatory damages is much broader, as it encompasses physical and emotional forms of pain. If you felt emotional distress, chronic pain, and inflammation and suffered psychological trauma because of your diagnosis, these damages would fall under pain and suffering. Additionally, if your diagnosis caused you to develop a permanent disability (e.g., lung failure that led to chronic respiratory problems), this would apply as well.
    • Diminished quality of life: You could demand compensation if your diagnosis prevents you from enjoying hobbies and activities or has disabled you to the point that you’ve lost your independence. For example, if you now need a caretaker to fulfill basic daily tasks, you may argue that the quality of your life has worsened and may never return to normal due to the severity of your illness.

    Other forms of damages not listed in this article may apply to your case. Your personal injury attorney will inform you of these compensatory damages as they review your case.

    Can Surviving Families Demand Compensation on Behalf of a Loved One?

    Yes. If you lost a loved one to cancer linked to the use of talcum powder products, you have a right to hold Johnson & Johnson accountable for its negligence. Surviving spouses, children, and parents generally can pursue compensation on behalf of their late loved ones. This compensation would cover damages they now face because of their loved one’s death as well as the awards the decedent should have won had they lived.

    These actions are referred to as wrongful death lawsuits. Should you qualify, you may pursue compensation for:

    • Funeral expenses
    • Medical debts
    • Loss of the decedent’s financial support 
    • Loss of consortium and companionship
    • Loss of parental guidance
    • Loss of inheritance

    While a lawsuit might not seem like a priority during your grief, the compensation you may win might relieve your family of unexpected expenses that your loved one’s death caused. These actions can also hold companies liable for their negligence, which may prevent other consumers from being harmed. Your personal injury lawyer can manage your case for you so that you have time to grieve without jeopardizing your case.

    The Defendant Will Try to Contest the Damages You Claim

    Finding evidence for your damages is crucial, as the defendant or their insurance company will likely search for any discrepancies to invalidate your claims. For example, an insurer might claim:

    • You are claiming medical expenses for treatment unrelated to your diagnosis or injury.
    • Despite your illness or injury, you can still work in some capacity (e.g., online) and, therefore, cannot claim that you will be unable to make income at all.
    • Your illness may be unrelated to Johnson & Johnson’s talcum powder products, and you have no concrete evidence to assert this correlation.

    Disputing these allegations can prolong the negotiation stage or even force discussions to come to a halt. Your lawyer can advocate for you during these meetings and advise you when to consider filing a lawsuit if negotiations don’t become fruitful.

    What Kind of Evidence Should I Include in My Talcum Powder Lawsuit Case?

    If you want to prove the value of your damages, you may use the following key evidence to support your claims in your talcum powder lawsuit case:

    • Invoices for the medical treatment you receive, such as hospital bills, invoices for doctor’s appointments, and receipts for prescription medicines you purchase
    • Receipts for other medical-related expenses, such as receipts for wheelchairs, oxygen tanks, and a medical bed for your home
    • Claim records you have if you filed claims with your personal health insurance to cover part of your medical expenses
    • Proof of salary, such as your most recent tax return files, a W-2 or 1099 form, your most recent paycheck, or bank statements that show your most recent direct deposit
    • Witness testimony, whether you invite individuals who know you personally or expert witnesses who can provide professional insight on certain aspects of your case (e.g., your diagnosis, your projected career path, the likelihood of you recovering to work and live a healthy life again)

    Each case is different, so there may be other forms of evidence that can establish crucial elements of your case, such as how you were as a spouse/parent or the lifestyle you enjoyed before becoming sick. 

    Will My Talcum Powder Case Be Handled as a Class Action?

    You can file an individual lawsuit and join MDL-2738, which is not a class action. Multidistrict litigation allows plaintiffs to speed up the pretrial process by being reviewed together as a group. This means all lawsuits within the same MDL must be filed against the same defendant, though they do not have to be exactly similar in nature. 

    Once the district judge reviews each case within the MDL, they will send the lawsuits back to their respective states to be heard in those courts individually.

    Settling Lawsuits in Bulk

    Though cases in MDL-2738 will be grouped together in the pretrial hearing stage, they will not be settled together in bulk. Each lawsuit will still be heard individually, so it may take years before all cases within the current MDL are settled.

    If you were to join a class action, you would need to share specific factors with other plaintiffs. For example, you could join a class action of 98 people (the proposed class) who all used J&J’s Baby Powder on their genitals before developing ovarian cancer. In this case, all plaintiffs would combine their evidence against Johnson & Johnson to pursue compensation. This can be a good option if you do not have sufficient evidence against the defendant.

    Latest Talcum Powder Lawsuit Update

    Recent settlements against Johnson & Johnson for its talc-based products include:

    • Forbes released a report in October 2020 about 1,000-plus lawsuits that collectively won $100 million after J&J agreed to pay for damages.
    • Los Angeles Times reported on Eva Echeverria v. Johnson & Johnson, which resulted in a $417 million verdict. The plaintiff alleged she developed ovarian cancer after using the talcum powder products.
    • CNBC reported in May 2019 on Donna Olson v. Johnson & Johnson, which resulted in a $325 million verdict. The plaintiff alleged she developed mesothelioma after using the recalled products. $300 million were punitive damages against the pharmaceutical company.
    • In July 2018, NPR reported about one of the earliest talcum powder lawsuits filed against J&J. In this case, 22 women filed a class action against the pharmaceutical company, alleging they developed ovarian cancer after using the products on their genitals. They reached a $4.7 billion verdict.

    As more cases are heard, your personal injury lawyer may review the legal strategies used in successful cases.

    Consult a Lawsuit Attorney About a Talcum Powder Lawsuit

    If you or a loved one developed ovarian cancer, mesothelioma, or another serious health condition as a result of using one of Johnson & Johnson’s talcum powder products, you may qualify to pursue compensation for your injuries. Although there is no distinct average length that indicates how long it takes to settle a talcum powder lawsuit, you can work with a talcum powder lawsuit lawyer who will guide you through the legal process. 

    Fill out our contact form to have one of our team representatives reach out to you for a free consultation about your case. You can discuss your case details and let us know where you’re located, then we’ll direct you to a product liability lawyer from our network who serves your area.

  • How Much Can You Get from a Truvada Lawsuit?

    How Much Can You Get from a Truvada Lawsuit?

    How much you can get from a Truvada® lawsuit will largely depend on:

    • The severity of your injury or illness caused by the drug
    • The financial value of your economic and non-economic damages
    • Whether you are entitled to punitive damages
    • Whether you are likely to experience future injury or damages

    If you were injured or developed a chronic illness as a result of long-term Truvada use, you may qualify to file a lawsuit against Gilead Sciences, the pharmaceutical company that produces this HIV drug. A personal injury lawyer can help you build a product liability case against the company and represent you in all legal proceedings.

    What Is Truvada?

    Truvada is a pre-exposure prophylaxis (PrEP) drug designed to treat people who are HIV-positive. It can also be used as a preventative treatment for people who are HIV-negative, so they do not contract the virus. 

    Back in 2009, the health journal AIDS reported on a study that linked Truvada and other antiretroviral drugs to adverse health risks. Truvada contains the ingredient tenofovir disoproxil fumarate (TDF), which can cause severe damage to the kidneys, liver, and immune system, among other negative side effects. However, despite this report, it was not until 2018 that people began filing complaints against the drug’s manufacturer, Gilead Sciences.

    How Do Truvada Lawsuits Work?

    If you have never filed a lawsuit before, you might wonder what to expect from the litigation process or what it might be like to work with a personal injury lawyer. These are some of the key steps you can expect to go through when filing a Truvada lawsuit. 

    The First Consultation with a Personal Injury Law Firm Is Often Free

    Many personal injury law firms offer to review a prospective client’s case for free so they can learn if they have a case to bring forward and discuss their legal options. This initial consultation may involve discussing:

    • How you were injured or how you developed your illness (e.g., you took Truvada for eight years, then developed a kidney disease)
    • Whether you have proof that you took Truvada for the length of time you claim (e.g., your medical records show that you took Truvada as a prescription treatment after being diagnosed with HIV)
    • If you have stopped taking Truvada (and if so, when you stopped)
    • How your injury or illness affected your life personally (to determine which potential damages you might claim)
    • The law firm’s contingency fee agreement terms, which usually involve agreeing to delay attorney’s fees unless they win your case

    Once you agree to work with a personal injury lawyer, your legal team can update you as they begin to gather evidence for your case and manage the process from start to finish.

    Your Lawyer Will Begin the Discovery Phase for Your Case to Collect Evidence

    The burden of proof falls on the plaintiff, which would be you if you decide to file a Truvada lawsuit. Your personal injury attorney will investigate and collect key evidence to support your case, which may involve:

    • Requesting access to your medical records to prove your HIV diagnosis, prescription drug history, and other medical history pertaining to your injury or illness
    • Consulting your physicians or other medical experts in hopes of getting their testimony for your case
    • Consulting other expert witnesses (e.g., economists, vocational rehabilitation specialists, or medicinal chemists) for their testimonies
    • Collecting photographs or videos that establish how your health declined while taking Truvada
    • Referencing other court cases against the defendant that demonstrate similar points made in your case

    The discovery stage can take weeks, months, or longer to prepare your case for trial, not including other delays that might occur in the litigation process. Because of this, your lawyer may file a letter about your intention to sue the defendant. This way, your case will comply with your state’s statute of limitations, which can be as short as one year in some states. Filing within this deadline protects your right to pursue compensation.

    Expect the Defendant’s Legal Team or Insurer to Reach Out Once You File

    Once your lawyer files a legal notice about your Truvada lawsuit, the defendant’s attorney or their insurance company may reach out to you in response. Depending on how much evidence you have to support your allegations against the defendant, their legal team may offer to settle your case out of court to avoid trial. 

    The initial settlement offer often serves as a tactic to squash cases early on and avoid having to pay out larger compensation to the plaintiff. It is important that you discuss the value of your current and future damages with your lawyer so they can calculate an appropriate compensation goal to negotiate. 

    The Negotiation Stage Can Be Long, But Do Not Give In

    Your personal injury lawyer will likely recognize whether the defendant’s initial offer adequately covers your damages. If not, they will enter the negotiation stage to petition for the amount of compensation you need. This stage requires patience, which can be difficult if you are facing immediate financial burdens because of your illness.

    This is why knowing the actual value of your case is crucial. If you accept an offer without knowing the potential costs of your damages, you may accept a deal that is less than what you need, especially if future damages occur. However, once you accept a financial settlement, your case is over – you cannot pursue additional damages later.

    Your Lawyer Will Represent You in Trial if You Cannot Reach a Settlement Deal

    If the negotiation stage comes to a standstill because neither side can agree on a settlement, your lawyer may proceed with your Truvada lawsuit and prepare your case for trial. Preparations may involve:

    • Scheduling a court hearing for your case
    • Pretrial motions to discuss the purpose of your Truvada lawsuit
    • Submitting evidence to the court for the defendant to review
    • Building your case argument to present in front of a judge and jury

    Even if your lawyer begins preparing your case for trial, your case may still settle out of court depending on how strong it is. Otherwise, a jury will determine how much compensation you receive if they rule in your favor.

    What Are the Health Risks Associated with Truvada?

    According to HIV.gov, using Truvada as a treatment method for HIV can lead to adverse side effects because of its active ingredient, TDF. These potential side effects include:

    • Kidney problems, such as Fanconi syndrome and kidney failure
    • Liver problems, such as liver failure
    • Bone mineral loss problems, such as osteoporosis, bone softening, osteopenia, and osteomalacia
    • Autoimmune system problems, such as immune reconstitution inflammatory syndrome (IRIS)
    • Other changes to your immune system that may be caused by HIV as a result of Truvada complications
    • Lactic acidosis, which is a blood condition that occurs when your bloodstream builds up an excessive amount of lactic acid

    Truvada is one of several antiretroviral drugs produced by Gilead Sciences that contain TDF. Other drugs manufactured by this same pharmaceutical company include Stribild® and Viread®. If you took multiple forms of antiretroviral or PrEP drugs that contained TDF, be sure to notify your lawyer, as you may have additional options to pursue compensation.

    What Is the Truvada Lawsuit Payout Expected to Be?

    Every case is unique, so there is no average payout for Truvada claims. How much you can get from your Truvada lawsuit largely depends on the types of economic and non-economic damages you have as well as any punitive damages the jury might award you.

    Economic Damages

    Economic damages refer to financial losses you suffered as a result of your injury or illness. These may include debts you accrued, costs you paid to accommodate your health, and money you should have earned that was lost. 

    Some examples of economic damages include:

    • Medical expenses, such as doctor visits, hospitalizations, and prescription medicines (including both Truvada and other medicines you now take to treat your injury or illness)
    • Future medical costs, such as ongoing treatment (e.g., dialysis) and medical exams (e.g., ultrasounds, MRIs, and lab work)
    • Current and future lost wages and benefits if you must take time off work for medical treatment or your health prevents you from working
    • Reduced earning potential if your injury or illness impacts your ability to work or prevents you from accepting higher-paying positions
    • Additional services to accommodate your health, such as at-home care, cleaning services, and cooking services

    You may claim other forms of financial damages not listed here. These damages often require financial proof, such as receipts or invoices, to prove their value.

    Non-Economic Damages

    Non-economic damages refer to physical, emotional, and mental losses you suffered because of your injury or illness. These damages do not initially have a financial value since they are subjective, but your lawyer will use court-approved formulas to estimate their approximate value. 

    Some examples of non-economic damages include:

    • Pain and suffering
    • Emotional distress, such as depression, insomnia, and anxiety
    • Permanent disability caused by your injury or illness (e.g., permanent kidney or liver failure)
    • Diminished quality of life if you can no longer participate in hobbies and activities you once enjoyed
    • Loss of consortium, which can occur if your health condition puts strain on your relationship (e.g., you took Truvada as a preventative treatment for HIV but contracted it anyway because of immune system changes caused by TDF)
    • Psychological trauma caused by your deteriorating health and discovering that taking Truvada caused your injury or illness

    As mentioned above, these damages are subjective. Therefore, you may be able to claim other grievances based on your specific experiences.

    Punitive Damages

    Some Truvada lawsuit verdicts have included punitive damages, which are financial punishments against the defendant to prevent them from committing the same offense again. For example, your damages may be worth $400,000, but the jury may award you $1 million in punitive damages to discourage Gilead Sciences from continuing to sell and distribute Truvada without warning users of the potential health risks.

    What Is the Average Truvada Lawsuit Settlement?

    Currently, no Truvada lawsuit case has reached a settlement or verdict yet, so cases are still ongoing. Major ongoing cases against Gilead Sciences concerning the health risks linked with Truvada include:

    Who Can File a Truvada Lawsuit?

    You may have grounds to file a Truvada lawsuit if you:

    • Were prescribed Truvada as a treatment for HIV or to prevent yourself from contracting the virus
    • Began developing health problems after taking Truvada
    • Suffered other damages as a result of your injury or illness caused by Truvada

    If you have reason to believe that your health condition is related to Truvada, you can work with a personal injury lawyer to build a case against Gilead Sciences or any other liable parties and pursue compensation to recover your losses.

    Contact a Personal Injury Lawyer for a Free Case Review

    If you or a loved one suffered serious health consequences as a result of taking Truvada to treat or prevent HIV, you may have grounds to file a lawsuit against Gilead Sciences or another liable party for compensation. How much you can get from your Truvada lawsuit will depend on the types of damages you suffered because of your injury. 

    The lawyers in our network are ready to help you fight for the compensation you deserve. We can direct you to a personal injury law firm that handles Truvada cases, so you can begin building your case. Call 800-874-8678 or fill out our contact form today for a free consultation. 

  • How Are Damages Calculated in a Truvada Case?

    How Are Damages Calculated in a Truvada Case?

    Damages are calculated in a Truvada® case by measuring the plaintiff’s economic and non-economic damages. In some cases, plaintiffs may also be awarded punitive damages by the jury, who are given instructions by the court on how to reach this total. Juries may consider several factors to determine the value of your Truvada case, such as:

    • Whether your illness forced you to incur extensive medical debt
    • Whether your illness forced you to build other forms of debt due to you being unable to work or having to purchase services to accommodate your health
    • Whether your illness causes or caused you significant physical pain
    • The emotional turmoil you suffered having to cope with your deteriorating health, rising debts, and increasing burden on your loved ones
    • Other day-to-day expenses or problems you face as a result of your illness

    If you or a loved one developed health issues after using Truvada as a treatment for your HIV, you may qualify for a Truvada lawsuit payout from the pharmaceutical company. An attorney in your state can calculate your personal injury case’s potential value based on your damages.

    What Are TDF or Truvada Lawsuits?

    Truvada lawsuits, in short, allege that the pre-exposure prophylaxis (PrEP) drug contains the ingredient tenofovir disoproxil fumarate (TDF), which is known to cause several negative side effects. Per Clinical Info, TDF side effects include:

    • Liver and kidney damage, including organ failure
    • Autoimmune system disorders or problems, including immune reconstitution inflammatory syndrome (IRIS)
    • Problems related to bone mineral loss, including osteoporosis
    • Lactic acidosis

    Plaintiffs aim to sue the drug manufacturer, Gilead Sciences, for producing, marketing, and distributing these defective drugs while being aware of their health consequences, as reported in Business Wire. 

    What Categories of Losses Can I Recover in a Truvada Lawsuit?

    How much money you might receive for a Truvada lawsuit will be based on your unique damages. While the categories of damages may be similar in each case, their exact values are specific to the plaintiff’s actual financial debts, lifestyle factors, and pain and suffering. 

    Your personal injury attorney will likely have you discuss your damages in as much detail as possible—with evidence if you have it—so that they can categorize your damages and begin calculating their estimated value. Be as open as you want with your lawyer, as they can inform you about which factors may enhance your case value based on what you’ve experienced. 

    The following are the two main categories of compensatory damages you might claim:

    Economic Damages

    Economic damages involve any form of financial loss, including debts you owe and expenses you have already paid for. Essentially, any costs you faced, currently face, or will face that you wouldn’t have dealt with had you not developed your illness fall into this category. 

    Some examples of economic damages include:

    • Medical treatment costs, which include past, current, and future medical expenses
    • Loss of wages, benefits, or pensions
    • Reduced earning potential
    • Costs for domestic services you must hire because you cannot fulfill them yourself, such as childcare, homecare, and cooking services
    • Costs for accommodations for your illness, such as costs for caretaking services
    • Mileage costs for travel if you are far from your physician

    There may be other economic damages you qualify to claim. Your attorney may ask additional questions to gauge the financial impact of your illness on your life, including how long you have faced these financial setbacks. If necessary, they may consult expert witnesses who can testify on the extent of your future economic damages.

    Non-Economic Damages

    Non-economic damages are more subjective since they encompass all non-financial losses. This means any form of physical, emotional, or mental loss you experience will fall into this category. These losses may include:

    • Pain and suffering and inconvenience
    • Permanent disability, such as permanent liver or kidney damage, Fanconi syndrome, and immune system disorders
    • Emotional distress, which includes experiencing depression, anxiety, and insomnia
    • Diminished quality of life, including losing the ability to enjoy hobbies and activities you once did
    • Loss of consortium and other changes to your interpersonal relationships

    Because non-economic damages are subjective, state and local courts often utilize specific formulas to fairly measure their impact on a claimant’s life. Your legal team can explain this process to you if you would like to learn more about how they calculate your potential Truvada lawsuit payout amount.

    Specific Forms of Compensation Available in TDF Lawsuits

    The following types of compensatory damages may be available to you if you decide to file a TDF lawsuit against Gilead Sciences. 

    Medical Expenses

    Because TDF can cause significant health damage to Truvada users, one main compensatory damage you might claim would include your medical expenses. Your lawyer may request permission to access your medical records for your case and confirm which medical-related damages you might recover. 

    Common medical expenses include costs for:

    • Doctor’s appointments
    • Surgeries
    • Emergency room care, including hospitalization
    • Outpatient services
    • Physical therapy
    • Bloodwork and other lab testing
    • Imaging exams, such as ultrasounds, MRIs, or CT scans
    • Prescription medicines
    • Medical equipment, such as wheelchairs and walkers 

    As mentioned, your attorney may consult a medical expert to gauge how much treatment you might need for your injuries or illness, your estimated recovery time length, and potential for complications in your recovery. These factors can affect the financial damages you might face in the future.

    Professional Ramifications

    If after taking Truvada you suffered health consequences that affected your ability to go to work and fulfill regular work tasks, you can factor these losses into your compensation demands. Professional ramifications could include:

    • Wages you lost due to having to get medical treatment or recover from your injuries/illness
    • Benefits you lost, such as paid time off (PTO), if your recovery took longer than anticipated
    • Reduced earning potential if you now must work in a lower-paying position because of your health, which wouldn’t have happened had you not taken Truvada to treat your HIV
    • Loss of promotions or new job opportunities if your health prevents you from taking positions with greater responsibility or new tasks you cannot physically or mentally fulfill

    You may be able to recover a portion of your lost income. Your legal team can go over how to calculate this type of damage, which may involve reviewing employee forms (e.g., W2s or 1099s), PTO plans, and vocational data related to your career field. Your lawyer may also consult a vocational rehabilitation expert to determine the likelihood that you will be able to return to work if you have not done so already.

    Pain and Suffering

    “Pain and suffering” often serves as an umbrella term for various forms of pain, distress, and even disability. Plaintiffs may demand compensation for physical, emotional, and mental losses they suffered from having to accept that their Truvada treatment caused them significant health issues, which then affected their life on the whole.

    Pain and suffering damages may include:

    • Physical pain, such as chronic pain caused by inflammation, liver or kidney pain, bone pain, and general discomfort
    • Emotional distress, which can refer to falling into a depressive episode after your diagnosis, being paranoid about contracting or having a worsening HIV prognosis now that you no longer use Truvada, and being unable to sleep as your health deteriorates or as you pursue litigation
    • Permanent disability, such as permanent kidney or liver failure, that you now must live with (this also includes long-term illnesses)
    • Diminished quality of life if you lost your sense of independence to move freely, fulfill tasks, and enjoy hobbies and activities you love

    Pain and suffering is a unique category for most claimants, as these losses can paint a picture of how becoming sick from using Truvada has affected your life. 

    Loss of Consortium or Companionship

    When a person in a relationship becomes sick, the other partner can become burdened with caregiving duties or financial responsibility. While some couples may stay strong and endure these battles, not everyone can continue to bear the stress on the relationship. 

    If your illness or injury caused by Truvada ultimately put so much strain on your relationship that it drove your partner away, you may claim loss of consortium or companionship. This type of damage may involve:

    • Filing a divorce with your partner because of the illness or financial strain caused by the illness
    • Loss of financial and emotional support from your partner
    • Loss of sexual enjoyment as a result of your illness or injury, which may affect your ability to have children
    • Loss of love and affection from your partner

    Loss of consortium is also considered a compensatory damage in wrongful death cases. If you survived your spouse who died because of their illness/injuries caused by Truvada, you may qualify to pursue compensation on their behalf. Other wrongful death damages include funeral expenses, loss of inheritance, and loss of parental guidance.

    Truvada Lawsuit Case Value

    When you agree to work with a personal injury lawyer in your state, one of the benefits you gain is their dedication to stay on top of the latest litigation updates. They will review other cases similar to yours to determine whether you are asking for compensation that is fair to you or if you should pursue a larger financial goal. 

    As your lawyer calculates the value of your Truvada lawsuit, you should ask questions like:

    • Will my future medical expenses be factored into my compensation total if I am expected to receive treatment for X amount of time?
    • Have any Truvada lawsuit cases against Gilead Sciences settled? If so, how much did those plaintiffs win—and is it reflective of my situation?
    • Which damages are you listing in my demand letter? Why were certain damages denied (if applicable)?

    As your legal representative, your lawyer should respect your decisions and not make assumptions about your compensation goals. Your lawyer should inform you of opportunities to settle your case outside of court. You will then have an opportunity to accept or deny their offer.

    How Much Can I Win in My Lawsuit Against Truvada?

    Currently, no Truvada lawsuits have settled in court. While this is normal, this can be frustrating if you are not sure how much compensation you are entitled to claim. 

    How Do You Calculate Damages in Truvada Lawsuits?

    Various damages are available in Truvada lawsuits, but you must be able to prove their value. In order to calculate your damages, your personal injury attorney may request financial documents, expert witness testimonies, and even general recordkeeping so that they can provide this evidence to the court when petitioning for compensation on your behalf.

    The following are common examples of evidence used to prove specific compensatory damages.

    Calculating Economic Damages

    To demonstrate your economic damages, you may use:

    • Medical bills and invoices to prove your medical treatment expenses
    • W2 or 1099 forms, pay stubs, previous tax returns, or banking information to prove your average weekly earnings
    • Invoices and contractual agreements for caretaking or domestic services you hire
    • Insurance policy information to confirm which medical expenses were covered and which were paid out of pocket
    • Receipts for prescription medications, medical equipment, and other necessary items for your recovery

    Calculating Non-Economic Damages

    To prove your non-economic damages, you may use:

    • Photos and videos of how your illness or injuries gradually affected your health
    • Journal entries that demonstrate your mental health state throughout your recovery
    • Psychiatric evaluation from a mental health professional who can verify your diagnosis (e.g., post-traumatic stress disorder) or psychological symptoms (e.g., mood fluctuations, sleeplessness, anxiety)
    • Testimonies from expert witnesses, such as vocational rehabilitation analysts

    Hiring an Attorney to Calculate Your Truvada Settlement

    If you or a loved one developed serious health issues, such as kidney or liver damage, after taking Truvada as a prescription medication, you may have grounds to pursue compensation from the drug manufacturer, Gilead Sciences. A personal injury lawyer in your state can calculate an estimated value for your Truvada case by assigning value to your damages.

    Fill out our contact form to get connected with a personal injury lawyer in your area. Our team works with a network of legal attorneys, and it is our mission to connect you with someone who can help you build your case for a Truvada lawsuit payout.

  • Toxic & Environmental Lawsuits: Lead Poisoning Could Be Found to Affect More Children in 2022

    Toxic & Environmental Lawsuits: Lead Poisoning Could Be Found to Affect More Children in 2022

    The Centers for Disease Control and Prevention (CDC) issued new standards in late 2021 for identifying children at risk of dangerously high lead exposure. As the new standard lowers the blood lead level necessary to meet the criteria for poisoning, higher numbers of children will likely be found at risk this year. 

    The latest national data from 2018 shows that more than 87,000 children were found to have at-risk levels of blood lead content  (CDC). Additionally, the CDC notes that statistics of lead exposure in children could be underreported, as not all children receive testing. Lead poisoning could therefore affect hundreds of thousands of children as of 2022—and a lawyer may be able to help families seek compensation if they were harmed.

    Background on Lead Contamination and Possible Sources of Exposure

    Lead can be found in many homes built before 1986, primarily through lead-based paint and/or plumbing. As the Environmental Protection Agency (EPA) notes, children and adults could be harmed by lead poisoning from the following sources:

    • Paint and Building Materials: While lead-based paint can be found on walls and ceilings, contaminated paint could also be found on windows, windowsills, doors and door frames, banisters, and stairs. 
    • Water: Many older homes still contain lead-based pipes, and lead can leach into the home’s drinking water through corroded lead plumbing. 
    • Toys and Other Products: Children’s toys and other products in the home may also contain lead, such as furniture. 
    • Playground Equipment: Lead-based paint on older playground equipment could also be a source of contamination, along with the lead in turfgrass. 

    Symptoms of Lead Poisoning in Children

    Children exposed to dangerously high levels of lead can face many troubling symptoms, such as:

    • Developmental lags
    • Learning problems
    • Emotional control issues, including irritability

    If you or a loved one have been exposed to chemicals that caused lead poisoning, contact one of our experienced personal injury and product liability attorneys.

  • Legal Action Is Possible for Asbestosis

    Legal Action Is Possible for Asbestosis

    When you are struggling with health issues that you suspect someone else is responsible for, you may not know where to turn. After asbestos exposure, you may be living with asbestosis, paying for costly treatments and fighting for every breath—all while knowing that you were likely exposed at work or in your home. You should not have to pay for these expenses and hardships on your own. 

    If you were exposed to asbestos through your job, even if your exposure happened many years ago, you should know that legal action is possible for asbestosis. A lawyer can explain your legal rights, tell you about the average settlement for asbestosis, and handle your case from start to finish.

    Your Legal Options for Asbestosis, Mesothelioma and Other Asbestos-Related Diseases

    Being exposed to asbestos can lead to serious health problems and even death. Whether you were exposed at work or in your home, you may be able to take legal action and sue for financial compensation. Depending on the details of your case, your options could include:

    Filing a Civil Lawsuit

    You could file a civil lawsuit against the company (or companies) responsible for your asbestos exposure. Your lawsuit may be filed against: 

    • A manufacturer that used asbestos in its products
    • A supplier that shipped these goods
    • A contractor responsible for the conditions that exposed you to asbestos
    • The owner of the property where you were exposed to asbestos
    • An employer who knowingly exposed you to asbestos on the job
    • Other responsible companies or entities 

    Seeking Compensation From an Asbestos Bankruptcy Trust

    Perhaps your case is against a company or entity that no longer exists or has since filed for bankruptcy. You could still seek compensation in this situation, as some defunct companies have set up asbestos bankruptcy trusts for future asbestos claims. 

    Seeking Workers’ Compensation or Veterans Benefits

    Before the 1980s, asbestos was a ubiquitous component of building materials and other goods. Workers during this era were commonly exposed to these dangerous mineral fibers in their workplace. 

    Workers who are now facing health problems related to asbestos exposure may be able to seek benefits through a workers’ compensation claim or a liability claim against a manufacturer, contractor, or another responsible party.

    Similarly, the U.S. Department of Veterans Affairs allows veterans to file asbestos-related benefits claims. 

    Who Is at Risk of Asbestos Exposure?

    Federal laws are currently in place to protect workers from asbestos exposure and regulate the discontinued use of asbestos. However, many people may be facing symptoms of their years-ago asbestos exposure now, as they can take decades to present. 

    Asbestos exposure for American workers was at its height in the 1960s and 1970s, especially for people working in:

    • Asbestos mining
    • Asbestos milling
    • Construction
    • Shipbuilding
    • Factories
    • The military

    Today, people can still be exposed when older, asbestos-based materials deteriorate or are removed from homes, buildings, or other structures. The Centers for Disease Control & Prevention (CDC) confirms that people in construction who work with older materials that contain asbestos are at risk of being exposed.

    How Does Asbestos Exposure Lead to Asbestosis?

    After being exposed to asbestos, you could be facing many types of health problems—however, they may take years or decades after exposure to surface. 

    According to Mayo Clinic, asbestosis is a chronic lung condition that occurs when asbestos fibers enter the lungs and irritate the air sacs (also known as alveoli). This irritation can lead to long-term respiratory problems. Symptoms of asbestosis include:

    • Dry cough
    • Tightness in the chest
    • Shortness of breath
    • Crackling sounds in the lungs while breathing
    • Clubbing (rounding and widening) of the fingers 

    If you have asbestosis, your doctor may recommend certain treatments to help manage your symptoms, such as supplemental oxygen, relaxation exercises, or breathing techniques. 

    What Is the Difference Between Asbestosis and Mesothelioma?

    Mesothelioma is another serious respiratory condition that can result from asbestos exposure. Like asbestosis, the disease is caused by inhaling asbestos fibers, which damages the lungs. 

    However, mesothelioma is a rare and often aggressive form of cancer, usually affecting the tissue outside the lungs. Treating mesothelioma can be especially challenging as the survival rate is generally just 4-18 months after diagnosis. However, Penn Medicine reports that some people have lived as long as ten years after diagnosis. 

    If you have mesothelioma, your doctor may recommend:

    • Surgery to decrease fluid buildup or remove tissue around the lungs, which can help relieve symptoms 
    • Chemotherapy
    • Radiation therapy
    • Immunotherapy
    • Participating in clinical trials

    Types of Compensation for Asbestosis, Mesothelioma, and Other Health Conditions

    Compensation may be available for people who are facing health problems after asbestos exposure. You may be able to recover some or all of the losses associated with your asbestosis or mesothelioma diagnosis, including:

    Medical Bills (Past, Present, and Future)

    Diagnosing and treating serious respiratory conditions like these can cost thousands of dollars, and you may need to pay for treatments for many years to come. In some cases, you could have medical costs for the rest of your life. A lawyer can explain what the average settlement for asbestosis or mesothelioma is and how to pursue the compensation you deserve.

    For example, you may be able to get compensation for:

    • Hospitalizations
    • Surgeries
    • Emergency room care
    • Doctor visits
    • Medical equipment, such as oxygen tanks
    • Chemotherapy, radiation therapy, immunotherapy or other treatments 

    Career Losses

    Living with a serious illness will likely affect your ability to provide for yourself and your family. If you have missed time from work because of your symptoms or cannot return to the same job you once had, these losses could be compensable. 

    Other examples of career losses include:

    • Missed paychecks
    • Reduced earning capacity
    • Lost benefits
    • Missed opportunities for promotions

    Harm to Your Life and Well-Being

    You could also seek compensation for the emotional and psychological realities of life with a serious illness, such as:

    • Pain and suffering
    • Mental anguish
    • Loss of enjoyment

    Wrongful Death Damages If You Lost a Loved One

    People who lose a loved one to their fight against asbestosis or mesothelioma not only deal with the emotional reality of their loss, but they face many other challenges as well. 

    Through a wrongful death claim or lawsuit, you could seek compensation for:

    • Your loved one’s final medical expenses
    • Lost income to your family
    • Loss of companionship
    • Funeral and burial costs

    Specific damages available in wrongful death lawsuits vary based on state law. A lawyer can determine exactly what your family might qualify for in your state. 

    Asbestosis and Mesothelioma Settlement Amounts

    To determine how much your settlement or verdict could be worth, it is often best to seek a case evaluation from an attorney. After reviewing the details of your situation, they can calculate a goal amount for your case.

    However, be aware that certain factors can influence your final recovery amount, including:

    • Whether your case goes to trial or is resolved through a settlement
    • How many defendants are liable for your damages
    • The seriousness of your health condition
    • The cost of your medical expenses
    • How the illness has affected your life overall

    Because mesothelioma is such an aggressive cancer, people with mesothelioma can usually seek some of the highest asbestos-related settlements or verdicts. Additionally, treating cancer often requires expensive therapies, such as chemotherapy or radiation. 

    Examples of Past Settlements

    In some cases, people with mesothelioma or their surviving family members are able to seek seven-figure settlements. When these cases go to trial, the verdicts can be substantial. Consider these examples:

    • Ronald Burlie Thomas passed away from mesothelioma decades after he was exposed to asbestos as an Arkansas mechanic in the 1970s. His family received $18.5 million. (Arkansas Democrat-Gazette) 
    • Franklin Finch was a long-time tire factory employee in North Carolina who passed away from mesothelioma due to asbestos exposure. His family received $33 million. (Business Insurance) 

    Typically, the average settlements for people with asbestosis are lower than in mesothelioma cases. However, these settlements can still reach six figures, especially in serious cases.

    How Do I Qualify to Seek Compensation for Asbestos Exposure?

    Victims will need to be able to show that they were diagnosed with an asbestos-related health condition, such as asbestosis or mesothelioma. You must also be able to show that you were exposed to asbestos in the workplace, in the home, or another location for a lengthy period of time. The stronger the evidence in your case, the more likely you will be able to file a successful claim or lawsuit.

    Additionally, you will need to meet your state’s statute of limitations deadline for filing a lawsuit. In most states, you have from 2-4 years after discovering your illness to file suit. However, depending on your state’s laws, you could have more or less time. A lawyer can tell you exactly how long you have to take legal action.

    How Long Does It Take to Get an Asbestos Settlement?

    Depending on what type of legal action you take, you could receive a payout within a year’s time. If you file a claim through an asbestos bankruptcy trust, you could get compensation in as little as a few months. 

    Asbestos lawsuits are generally resolved out of court. While it is unlikely that your case would go to trial, some cases could see litigation. Taking a civil lawsuit to trial could take longer than cases that are resolved through the settlement process.

    The Benefits of Working With a Lawyer 

    It can be difficult to know where to turn or what to do next when you are facing serious health problems, especially if someone else may be responsible. You are probably preoccupied with doctor appointments or supporting your loved one through their health condition, which is totally understandable. 

    A product liability lawyer can handle every step of your case for compensation in an asbestos lawsuit, including:

    • Explaining the average settlement for asbestosis and mesothelioma
    • Identifying the specific damages you can seek in your case
    • Investigating your case and gathering evidence
    • Submitting your claim and handling negotiations
    • Filing a lawsuit on your behalf 
    • Communicating with all parties involved in your case
    • Advocating for your best interests throughout the process

    One of the most important reasons why you may want to work with a lawyer is that they can tell you what your case is worth. If the other party does not fairly value your case, your lawyer can argue for the amount you deserve based on the available evidence. They can also help you decide when to accept or reject a settlement offer. 

    How Much Does It Cost to Hire a Lawyer?

    Some people hold back from seeking legal help because of concerns about legal fees and whether or not they can afford to pay them. However, you should know that many law firms help asbestos injury victims on a contingency-fee basis. This means you do not have to worry about paying any fees up front.

    Instead, you only pay if and when the law firm secures a successful financial recovery for you—typically, the firm receives a percentage of your settlement or verdict as payment for their services.

    You should always discuss the terms of a contingency fee agreement when you hire a law firm. They will explain their percentage rate and any incidental fees you may be responsible for.

    Connect With a Lawyer Today

    You do not have to wonder any longer about your asbestos lawsuit questions. An experienced product liability lawsuit lawyer can explain everything you need to know about your eligibility for a claim or lawsuit and what the average settlement for asbestosis or mesothelioma is.  

    A law firm can offer you a free consultation for your case today. Fill out our contact form to learn more about your next steps and connect with a lawyer from our network. 

  • What Is Paraquat Used For?

    What Is Paraquat Used For?

    Many scientists believe the chemical paraquat is toxic and deadly. Ingesting even tiny amounts can kill a person. But despite these dangers, regulators in the United States still allow paraquat to be manufactured and used in our country. 

    This guide outlines the most common uses of paraquat, the side effects of paraquat exposure, the link to Parkinson’s disease, and much more.

    What Is Paraquat Herbicide?

    Paraquat is used primarily in agriculture and is a popular additive to weedkillers. The U.S. government now has regulations in place to keep handlers safe – they all must use protective gear and follow strict safety procedures. The Environmental Protection Agency (EPA) confirms that only licensed applicators can use or handle paraquat. 

    Paraquat manufacturers in the United States are required to include a “vomiting agent” to help protect anyone who accidentally swallows the chemical. Unfortunately, other countries that still manufacture paraquat may not be required to include this precaution. 

    What Is Paraquat Used For?

    Because paraquat is used so frequently in farming, its primary purpose is to help protect crops. Other common uses include:

    • Drying out cotton
    • Killing weeds in fruit orchards
    • Reducing grass that grows over crops
    • Drying out potato stems

    U.S. regulations specify that paraquat must be secured out of reach of small children. The containers must be clearly identified with hazard warning labels. Paraquat cannot be stored near private homes or non-commercial areas. Paraquat also cannot be stored near or transferred to drinking containers.

    While many other countries have banned paraquat, it is still currently being manufactured and used in the United States. 

    What You Need to Know About Paraquat and Parkinson’s Disease

    Not every person exposed to paraquat will get Parkinson’s disease. However, numerous sources claim that anyone exposed to paraquat has a much higher likelihood of being diagnosed with the disease. 

    The Link Between Parkinson’s Disease and Paraquat

    Scientific research has officially linked paraquat exposure and Parkinson’s disease to the handling of herbicides, solvents, and chemicals used in agriculture and manufacturing. According to researchers, the number of people with Parkinson’s disease is expected to double in the next 20 years. 

    11 Facts to Know About Paraquat

    Paraquat has a controversial history despite its myriad of uses in agriculture. Here are 11 interesting facts about this chemical: 

    1. Paraquat is Effective

    Paraquat remains popular because it is effective. The chemical quickly controls weeds and breaks down in dirt. Other weeds have proven to be resistant to glyphosate, a popular chemical in Roundup. Paraquat does not have this issue.

    2. Farmers Continue to Find New Uses for Paraquat

    Paraquat works on most species of plants and can be used to:

    • Aid harvests
    • Burndown weeds
    • Control weeds in spray form

    3. Paraquat is Dangerous When Touched or Ingested

    If a person’s eyes or skin come into direct contact with paraquat, they can experience side effects almost immediately. Serious lung damage and multi-organ failure can occur if the chemical is ingested. 

    4. Handlers Must Use Special Equipment to Handle Paraquat

    Government regulations require all handlers who come in close contact with paraquat to wear certain types of gloves. Options include:

    • Barrier laminate
    • Butyl rubber
    • Nitrile rubber
    • Neoprene rubber
    • Natural rubber
    • Polyethylene
    • Polyvinyl chloride (PVC) 
    • Viton 

    Any gloves used in conjunction with paraquat must be 14 mils (thousandths of an inch) or thicker.

    5. Paraquat Health Concerns Started in the 1970s

    Back in the 1970s, U.S. law enforcement was searching for ways to prevent the illegal shipment of marijuana from Mexico to the United States. One idea was to give paraquat to the Mexican government. They sprayed marijuana crops with the chemical, hoping to kill them before they could be transported across the border. Unfortunately, Mexican drug dealers harvested and moved the drugs anyway. 

    6. There Have Been Many Calls to Ban Paraquat

    Currently, 32 countries have banned the use of Paraquat due to health and environmental concerns. The European Union banned paraquat in 2007, just three years after allowing it.

    7. Paraquat is Still Widely Used in the United States

    Paraquat remains popular in the United States, and all efforts to ban the chemical have failed to this point.

    8. Paraquat Manufacturers Are Required to Take Precautions

    Because the chemical has no taste or smell, companies that make paraquat are required to include blue dye for safety reasons. The blue color helps people distinguish it from sodas and other drinks, although in one case, it was mistakenly consumed from a Gatorade bottle – hence the regulation that it cannot be stored in drinking containers.

    9. Paraquat Lawsuits Have been Consolidated Into One Multidistrict Litigation

    Hundreds of thousands of lawsuits have been filed against the manufacturers of paraquat. These lawsuits allege that exposure to the toxic chemical heightens the risk of Parkinson’s disease. As a result, an MDL was formed in 2021 in the U.S. District Court for the Southern District of Illinois to expedite the legal process.

    10. There is No Cure for Paraquat Poisoning

    While there are treatment options for the symptoms of paraquat poisoning, there is currently no cure.

    11. Paraquat Treatments Remove the Poison and Treat Symptoms

    There are currently several treatments for paraquat poisoning, including:

    • IV fluid
    • Blood pressure medication
    • Breathing medication
    • Ventilator
    • Kidney dialysis

    Fuller’s earth (a clay material) and activated charcoal are also sometimes used to try to remove the chemical from the patient’s body. Fuller’s earth binds with paraquat, while activated charcoal prevents the chemical from being absorbed. 

    Symptoms and Side Effects of Paraquat Exposure

    How sick a person gets from paraquat exposure usually depends on their health before the exposure. Their poisoning level also depends on how long and how much of the chemical they were exposed to. 

    Direct Contact 

    If you come into contact with paraquat by swallowing it, the lining of your mouth can suffer immediate damage. As the chemical works its way into your stomach and intestines, you can suffer additional injuries. 

    Once paraquat is in your system, it will work its way throughout your body. While its effects can cause toxic reactions anywhere, your lungs, liver, and kidneys will likely suffer the most damage. 

    Short-Term Side Effects

    If you accidentally swallow paraquat, your mouth and throat will probably swell almost immediately. Along with intense pain, you may also experience:

    • Nausea
    • Vomiting
    • Abdominal pain
    • Bloody diarrhea

    As the poison progresses, you may also become dehydrated, experience low blood pressure, or not have enough potassium or sodium in your body.

    Additional symptoms of paraquat exposure may include:

    • Cell death
    • Tissue death
    • Blood clotting
    • Mouth and tongue ulcers
    • Fluid-filled lung cysts
    • Lung scarring
    • Lung collapse
    • Kidney failure

    Long-Term Side Effects

    If you or anyone you know is at risk of paraquat exposure, take every possible precaution. Even very small amounts of the chemical can kill you. Experts estimate that ingesting just a teaspoon is enough to cause death. 

    Paraquat rapidly causes cell damage as the chemical makes its way throughout the body, potentially causing:

    • Lung damage – Paraquat exposure causes the lungs to fill up with liquid. In time, your lungs could become scarred, leading to internal bleeding and difficulty breathing. 
    • Multiple organ failure – Your lungs, kidneys, liver, and other organs may fail.
    • Cardiogenic shock – This is when your heart can no longer pump blood to your entire body.

    What Are the Brand Names of Paraquat?

    Since being introduced in 1962, paraquat has been used by multiple companies under a variety of brand names. If you or someone you love was injured due to exposure to the following products, you may be eligible for compensation.

    Brand names of products that contain paraquat include: 

    • Bonedry
    • Parazone
    • Crisquat
    • Firestorm
    • Cyclone SL 2.0
    • Devour
    • Para-Shot 3.0
    • Quick-Quat
    • Helmquat 3SL
    • Gramoxone
    • Dexuron
    • Para-col
    • Gramuron
    • Esgram
    • Tota-col
    • Bai Cao Ku
    • Toxer Total
    • Pillarxone
    • AH 501
    • PP148
    • Gramixel
    • Ortho Paraquat CL

    What Should I Know If I Am Considering a Paraquat Lawsuit?

    If you believe you were exposed to paraquat, schedule an appointment with a doctor immediately. Before filing a claim, you will need solid medical documentation to establish your case. A skilled product liability lawyer can walk you through the necessary steps of filing a claim. 

    While there are many lawyers to choose from to represent your best interests, your choice should be based on who is the best person for the job. Here are some questions that you can ask your prospective attorney before hiring them. 

    Does Your Firm Offer Free Consultations?

    There is no guarantee that your case has merit. You will need to establish your case based on medical evaluations and many other building blocks. When choosing a law firm, they should be willing to consult with you for free before requiring any fees for legal representation.

    You will not know if you have a case until you speak to a professional. Many attorneys accept product liability cases on a contingency basis, which means you do not pay any upfront fees for their legal services. Instead, they take a percentage of any payout they can successfully negotiate or win for you.

    This practice can protect you from paying for legal representation only to find out your case does not have merit. Contingency fees also protect you from the expensive costs of building your lawsuit. A contingency-based law firm does not get paid unless your claim is successful. 

    Does Your Law Firm Have a Proven History of Success?

    If you hire an attorney, choose one with a clear track record of successful litigation in product liability cases. Ask for specific examples that show their results achieved in past cases that are similar to yours. 

    How Experienced Are You?

    If you decide to file a lawsuit against the company responsible for your paraquat-related injuries, realize that the defendant’s representatives will have a deep understanding of the nuances of law. They will know how to bend or obscure facts. They may try to strong-arm you into settling your case for a dollar amount that is far below what your case is potentially worth.

    An experienced product litigation lawyer can help negotiate against these tactics and offer solid guidance about your next steps. 

    Do You Know My State’s Statute of Limitations?

    Every state in the nation has its own time limits that dictate when you can file a claim against a company. The legal term for these time limits is “statutes of limitations.” They are intended to keep litigation from dragging out too long.

    If you hire a lawyer to help with your case, you will want one who is knowledgeable about statutes of limitations across the country. Product liability cases often stretch across multiple states, and litigation can be very complicated. 

    A law firm with national experience will know how and when to file the proper paperwork for your claim. They can also gather documentation to build your case and determine if you are eligible for compensation. 

    The Effects of Paraquat Exposure Can Last a Lifetime

    Because Parkinson’s disease has no known cure as of this writing, you may suffer the effects of paraquat poisoning for the rest of your life. Any potential compensation could help you deal with the financial hardship of your disease.

    Certain family members can also file a claim on behalf of a loved one who passed away after paraquat exposure.

    Contact an Attorney About Filing a Paraquat Lawsuit

    If you are suffering from Parkinson’s disease or other effects of paraquat exposure due to a company’s negligence, you have a legal right to seek justice for your damages. 

    Paraquat poisoning may prevent you from working the same job or ever returning to work at all. Seeking a financial settlement can help your recover these lost wages. You may also qualify for reimbursement for other economic and non-economic damages, such as medical expenses, pain and suffering, and more.

    You do not have to take on a paraquat manufacturer and their legal team alone. An attorney can help build your case and seek the compensation you deserve. To get started, fill out our contact form to connect with a lawyer in our network and schedule your free case evaluation.

  • What Are the First Signs of Asbestos Poisoning?

    What Are the First Signs of Asbestos Poisoning?

    Asbestos poisoning is caused by inhaling asbestos fibers. Inhaling these fibers can lead to a chronic lung disease called asbestosis, along with many other complications. If you were repeatedly exposed to asbestos fibers at work or elsewhere, you could end up with severe scarring in your lung tissues – a condition that often causes severe health consequences.

    Asbestos is durable to extreme heat, which explains its extensive use in manufacturing for many decades. It was most frequently used in the construction industry. Popular uses for asbestos include floor tiles, cement, and insulation for buildings. Because asbestos is so widely connected to construction, most people who develop asbestosis or other asbestos-related diseases get it from working at their jobs. 

    What Does Asbestos Poisoning Feel Like?

    One of the challenges of identifying the causes of asbestos-related medical complications is the long latency period. People who were repeatedly exposed to asbestos may not show any symptoms until decades after the exposure ended. If you suffer from asbestosis, you were likely exposed anywhere from 10 to 40 years ago. 

    How your body responds to asbestos exposure and the severity of your symptoms can vary greatly. However, most sufferers experience one or more of the following symptoms:

    Do You Have Shortness of Breath?

    As noted above, inhaling asbestos fibers repeatedly will likely cause scar tissue to build up in your lungs. As a result, you may find it hard to breathe. This is often one of the first warning signs of asbestosis or other related diseases.

    Is Your Breath Wheezing or Crackling?

    Do you hear a whistling sound when you breathe? Asbestos fibers can create inflammation in your lungs, which often causes whistling or dry crackling sounds when you take deep breaths. If you do not smoke and notice sounds like these when you breathe, contact your doctor right away. 

    Do You Feel Fatigued Often?

    Do you find yourself getting tired quickly? If you notice yourself feeling fatigued, especially when combined with other symptoms, schedule an appointment with your doctor right away. 

    Are Your Fingertips Swollen?

    Have you noticed your fingertips swelling or becoming broad and rounded? About 50% of patients suffering from asbestos-related diseases will experience clubbing or swelling of their fingertips. Because this swelling is a common symptom of asbestosis, keep a watchful eye on your fingertips – especially if you believe you have been subjected to repeated asbestos exposure. 

    Do You Have a Constant Dry Cough?

    Because asbestos can take up to 40 years or more to manifest, one potential telltale sign is a persistent dry cough. The cough may start when scar tissue begins forming in your lungs. As years go by and scar tissue continues to form, this persistent cough will likely worsen over time.

    Be sure to seek advice from a qualified medical professional if you suspect you may have asbestos-related symptoms. 

    How Long Does It Take for Asbestos Symptoms to Appear?

    As stated above, asbestos symptoms can take many years – even decades – to appear. This latency period starts with your asbestos exposure and lasts until you start experiencing symptoms. You may feel fine for 10-40 years after breathing in asbestos fibers. During your latency period, you will not exhibit any symptoms. 

    While not all asbestos exposure leads to disease, any asbestos exposure is potentially dangerous. There is no cure for most asbestos-related diseases. The best approach is to practice extreme caution if you find yourself near any asbestos. If you must be near asbestos for your job, try to avoid or limit exposure however you can. In today’s work environment, the handling of asbestos is strictly regulated, and your employer should be practicing federal-mandated safety protocols. 

    How Do You Know If You Have Inhaled Asbestos?

    Because of the lengthy latency period associated with asbestos exposure, it’s likely that you will not know for certain if you have inhaled asbestos until you get an exam from a qualified doctor. 

    Get a Thorough Physical Exam

    When you get a physical exam, your doctor will want to know your history. This history includes your medical history along with your potential asbestos exposure and the details of your job (if that is what led to your exposure). 

    Your doctor will use a stethoscope to listen to your breathing. Identifying whether your breathing is dry, raspy, labored, crackling, or whistling will be a first step in determining if you have asbestosis or another related disease.

    Additional Procedures

    Once your doctor has conducted a physical exam and learned about your history with asbestos, you may undergo various lung tests and/or chest x-rays. Chest x-rays are often used to detect early warning signs of lung disease. However, x-rays cannot detect actual asbestos fibers in your lungs. 

    If your doctor finds evidence of scar tissue forming in your lungs or other signs of lung disease, you may have to undergo a lung biopsy. This reliable, relatively painless procedure can detect if you have asbestos fibers in your lungs. 

    Other tests – including testing your urine, fecal matter, or mucus – can detect if you have asbestos fibers in your body, but they cannot reliably determine the number of fibers in your lungs. 

    How Is Asbestos Poisoning Treated?

    Most treatments for asbestos-related diseases are intended to treat symptoms. Unfortunately, there is no cure for many of these diseases. Some treatment options include: 

    Supplemental Oxygen

    Your medical team may recommend that you start using supplemental oxygen. This treatment can help reduce the strain on your lungs as they work extra hard to keep you oxygenated. Patients on supplemental oxygen wear thin plastic tubes under their nostrils. The supplemental oxygen is delivered into this tube from an oxygen machine, which can often be wheeled or carried. 

    Pulmonary Rehabilitation 

    Some patients experience benefits from taking classes that teach exercise, relaxation, and pulmonary techniques. These programs also offer insight into how improving your physical activity can help your breathing.

    Lung Transplant

    Your doctor may determine that your condition is extreme enough to qualify for a lung transplant.  

    Asbestos Removal

    Currently, there is no way to remove asbestos fibers once they are inhaled into your lungs. While some kinds of asbestos are cleared naturally by the lungs or by degrading on their own, most treatments for asbestos-related diseases are focused on reducing symptoms and improving your quality of life.

    Can I Sue Someone for Asbestos Poisoning? 

    If you were exposed to asbestos, you may qualify to file a lawsuit. However, there are several steps you have to take to ensure that your claim has merit.

    Medical Records and Other Documentation

    You must have extensive records detailing your medical condition that stems from asbestos exposure. These records must also conclusively link your asbestos exposure to the party you are suing. Because of the long latency period for asbestos-related symptoms, the process of gathering this documentation can be complicated.

    Have you lost a loved one due to an asbestos-related disease? If so, you may be able to file a wrongful death lawsuit as a family representative. You must also be sure that you submit the required paperwork before your state’s statute of limitations runs out. Different states have varying statutes – missing the deadline in your state means you will lose your legal right to pursue compensation. 

    A skilled asbestos personal injury lawyer can explain all your legal options and file your claim before your window of opportunity closes forever. 

    Trust Fund Claims

    In some cases, the company responsible for your asbestos exposure may have gone bankrupt. Fortunately, when asbestos companies go bankrupt, they are required to set up trust funds. These funds have settlement amounts available for future claims of asbestos-related disease.

    The exact dollar amount you could receive will depend on several factors. You will likely fall into a certain category or “class” based on your medical condition, your amount of asbestos exposure, and other details. The trust fund in question will typically have these settlement numbers already established. 

    Other Sources of Financial Compensation

    Depending on your circumstances, you may have other forms of compensation available to you, such as:

    • Your health insurance company
    • Medicare
    • Medicaid 
    • Social Security 
    • U.S. Department of Veterans Affairs (VA)

    Finally, you may have the option of filing your claim outside of your state of residency. To learn more about these options and which ones apply to you, contact an experienced personal injury law firm for help. 

    What Type of Asbestos Lawsuit Should I Consider?

    In most cases, the two options for lawsuits after asbestos exposure are personal injury and wrongful death. 

    Personal Injury Lawsuit

    If you are diagnosed with an asbestos-related disease, you have the option of filing a lawsuit against the company responsible for your medical issues. 

    While much has been said about work-related asbestos exposure, some people choose to file because of asbestos exposure that stems from consumer products. Other people choose to file because of secondhand exposure to asbestos from a loved one who worked with asbestos as part of their job. 

    For a claim to be successful, the lawsuit must establish that the liable party (such as your employer) did not warn you about or protect you from the dangers of inhaling asbestos. 

    Wrongful Death Lawsuit

    If a family member dies due to an asbestos-related disease, their immediate family can sue the responsible party on the deceased person’s behalf. This claim can be used to recover compensation that pays for medical expenses, funeral costs, lost wages, and more.

    Additionally, if a person files a lawsuit while they are alive against the party responsible for their asbestos exposure, their estate can continue the lawsuit after the victim dies. 

    Class-Action Lawsuit

    A class-action lawsuit involves plaintiffs filing claims to represent a group. Everyone in the group will likely share a similar history or condition related to their asbestos exposure. If your case is added to a class-action lawsuit, you can decide whether to stay in the group or leave and file a lawsuit on your own. 

    Class-action lawsuits are not the norm in asbestos-related litigation. Most asbestos cases are either MDLs or individual lawsuits. 

    Multidistrict Litigation

    Multidistrict litigation (MDL) is a standardized procedure that helps streamline multiple cases of the same type. MDLs are intended to speed up the legal process and help plaintiffs get relief sooner. 

    How Do I File a Lawsuit for Asbestos Poisoning?

    If you believe you were the victim of asbestos exposure from a negligent company, you have the right to file a lawsuit against the company to seek financial compensation. However, building your case and filing a lawsuit can be intimidating for people who do not know or understand how the process works.

    An asbestos law firm that is experienced in asbestos litigation can help you file the proper forms and secure the right documentation. In addition to establishing that your disease is asbestos-related, you must provide extensive documentation that proves a link to the company you are suing. 

    How Can an Asbestos Lawsuit Benefit You?

    Getting a financial settlement for your asbestos-related disease and your pain and suffering can help in many ways. These include:

    • Paying your hospital, therapy, and treatment expenses
    • Reimbursing you for lost wages
    • Providing you and your family with financial stability
    • Compensating you for the mental and physical hardships you have endured

    Because many asbestos-related diseases have no cure, long-term treatment and other costs can quickly escalate over the years. 

    The types of compensation you may receive are typically divided into two categories: economic and non-economic damages.

    Economic Damages

    Economic damages are the expenses that your asbestos exposure has cost you financially. If you are unable to work for months or years after being diagnosed with an asbestos-related disease, your lost wages would fall under the umbrella of economic damages. Other examples of economic damages include:

    • Any medical expenses not covered by your health insurance policy
    • Travel expenses for asbestos-related medical treatments

    Non-Economic Damages

    As the name implies, non-economic damages are expenses without a specific dollar amount attached, such as pain and suffering. If your family suffers the loss of a family member due to an asbestos-related disease, your family could receive financial compensation for loss of companionship, lost earning potential, and more.

    Contact an Asbestos Poisoning Lawsuit Attorney Today

    Have you been exposed to asbestos? If so, you may be entitled to financial compensation. Thankfully, you do not have to go through this process alone.

    To learn more about your options and how you can protect your legal rights, fill out our contact form to connect with an asbestos lawyer in our network and schedule a free consultation.

  • Pursuing Paraquat Lawsuit Settlements

    Pursuing Paraquat Lawsuit Settlements

    Many experts claim that exposure to the chemical paraquat, commonly found in herbicides and weed killers, can dramatically increase the likelihood of being diagnosed with Parkinson’s disease. Because so many claims are being filed against manufacturers that use paraquat, a multidistrict litigation (MDL) has been created to streamline and speed up legal proceedings. 

    If you have been diagnosed with Parkinson’s disease and believe it is linked to your exposure to paraquat, you may wonder if you qualify for financial compensation. This guide will provide you with background information on paraquat, the symptoms of paraquat exposure, its possible links to Parkinson’s disease, current litigation, and more.

    For detailed answers to your questions or to find out if your case is eligible for a claim, consult an experienced personal injury attorney. 

    What Is Paraquat?

    Paraquat is a highly toxic chemical used in many herbicides and weedkillers. Today, the chemical’s use and handling are strictly restricted to individuals who use protective gear and follow safety protocols. According to the Environmental Protection Agency (EPA), the use of paraquat is limited to licensed applicators.

    Any paraquat made in the United States is legally required to include an additive that induces vomiting if someone accidentally drinks it. However, manufacturers using the chemical outside of the United States may not have this additive in place. 

    What Is Paraquat Used For?

    Paraquat is strongly associated with agriculture. The chemical has been used to dry out cotton, kill weeds in fruit orchards, and control grass that grows over crops on farms. It has also been used to dry out potato stems and remove leaves before harvesting hops.

    U.S. regulations mandate that paraquat must be stored in clearly-labeled containers that are out of reach of children. It also cannot be stored in or near residential areas. These mandates make storing paraquat in drinking containers illegal. At least one known incident led to someone accidentally drinking Gatorade that had leftover paraquat dumped into it. 

    Who Is at Risk of Paraquat Exposure?

    Because paraquat is used in herbicides and weedkillers, employees who work with the chemical as part of their daily job are at the highest risk. Members of the public may also be at risk due to contamination of commercial food or drinks.

    Prolonged skin exposure to high concentrations of paraquat can lead to health issues. Exposing an open wound, such as a cut or sore, also increases the likelihood of danger. 

    Paraquat Linked to Parkinson’s Disease

    Multiple sources report that people exposed to certain chemicals in weedkillers and herbicides (including paraquat) experience a much higher likelihood of contracting Parkinson’s disease. While not every person exposed to paraquat is diagnosed with Parkinson’s, the potential danger of it has prompted 32 countries to ban the chemical. 

    How Does Paraquat Cause Parkinson’s?

    Researchers link Parkinson’s disease to paraquat due to our increased exposure to:

    • Herbicides
    • Solvents
    • Agricultural chemicals
    • Manufacturing chemicals 

    It is estimated that over 13 million people will develop Parkinson’s disease in the next 20 years.

    Filing a Paraquat Lawsuit for Parkinson’s Disease

    If you are suffering from Parkinson’s and have reason to believe that your disease was caused by exposure to paraquat, you may be thinking about filing a claim against the company responsible for your situation. By filing a claim, you can help raise awareness for other people who are suffering the same way you are and seek compensation for your losses.

    A skilled paraquat liability lawyer can help you file the proper paperwork to start your claim. To prove that your exposure to paraquat caused your Parkinson’s disease, you will need medical data and a thorough foundation for your case. 

    Your lawyer can help you navigate the complex legal system in your quest for compensation. There is no known cure for Parkinson’s disease – if your condition was caused by a manufacturer’s negligence, any compensation you receive from the company could help with the costs of your ongoing treatment.

    Choosing a Paraquat Lawyer

    Here are a few questions you can ask your prospective paraquat lawyer when you are deciding which law firm to use.

    Do you offer free case evaluations? 

    Product liability litigation is very complicated. Before being asked to pay legal fees, you should first find out if your case has any merit. To do this, choose a law firm that offers you a free case evaluation. Once you find out if your case has a solid legal foundation, you can decide what to do next.

    Does your paraquat law firm have a proven track record? 

    A qualified product liability law firm will have years of experience and success in past cases. Ask about their other verdicts. What kind of settlements did they help their clients secure?

    Does your paraquat lawyer have direct experience? 

    This type of litigation is complex, and plaintiffs who seek settlements against large corporations will be facing skilled attorneys and insurance representatives. These parties are adept at stalling, obscuring facts, and pressuring victims to take settlement amounts far less than the actual worth of their case. An experienced paraquat attorney can prepare for these tactics and advise you on your next steps.

    Does your paraquat law firm understand your state’s statute of limitations? 

    Every state in America has its own statute of limitations. These statutes are time limits that restrict how long you have to file a claim. Be sure the attorney you choose understands the statute of the limitations in your state and other relevant laws, too.

    What Are Paraquat Settlements?

    If you file a claim against another company, person, or entity to seek financial compensation for your damages, the goal for most people is a settlement. In the case of product liability, the claim you file is asking the company for a payout to compensate you for medical bills and other costs stemming from your exposure to their harmful product. 

    Some product liability claims are settled between the defendant and plaintiff without going to court. In these cases, representatives for both sides negotiate a fair dollar amount, and both sides agree to abide by this agreement instead of going to trial. When this occurs, it is called a “settlement.”

    If both sides cannot agree, they may go to trial and see their dispute settled in front of a judge and jury. 

    What Is Paraquat Poisoning?

    Anyone at risk of exposure to paraquat is advised to be extremely cautious. Even minuscule amounts of the chemical can be very harmful – one teaspoon can cause someone to die. 

    Paraquat exposure rapidly leads to lung, kidney, and lung damage as the chemical causes dangerous reactions that damage your body’s cells. 

    Paraquat Lung Damage

    After being exposed to paraquat, your lungs can fill up with liquid. You may have trouble breathing and internal bleeding. Your lungs could become scarred from the fluid buildup. 

    Organ Failure

    The damage caused by paraquat is not restricted to your lungs. Multiple organs may fail. You could also go into cardiogenic shock, meaning your heart no longer can pump blood throughout your body. 

    Paraquat Exposure and Poisoning Symptoms

    If you believe you may have been exposed to paraquat, watch for symptoms like these: 

    • Throat or mouth pain
    • Throat or mouth swelling
    • Vomiting
    • Stomach pain or cramps
    • Blood in your throat or mouth
    • Blood in diarrhea
    • Breathing difficulties
    • Rapid resting heart rate
    • Weakness
    • Seizure
    • Yellowing skin

    Symptoms of Parkinson’s Disease

    Because Parkinson’s disease cannot be definitively detected early, many people ignore the warning signs. These symptoms often start slowly and become more pronounced over time. While both sexes can be diagnosed with Parkinson’s, men get the disease 50% more often than females. 

    A person’s likelihood of developing Parkinson’s is tied to age. Most patients are diagnosed with Parkinson’s after age 60, but 5-10% of patients get the disease after age 50.

    Motor Symptoms of Parkinson’s Disease

    Motor problems stemming from Parkinson’s disease are the most well-known effects of the disease. In the early stages, victims may find it harder to get in and out of a seated position. Other symptoms can include:

    • Tremors
    • Speaking softly
    • Cramped handwriting
    • Abnormal arm or leg movements
    • Lack of facial expression
    • Reduced arm swinging while walking

    In some cases, close family members and loved ones will notice these gradual symptoms before the victim does. 

    Non-Motor Symptoms of Parkinson’s Disease

    While Parkinson’s disease is most known for motor function damage, some non-motor function symptoms may occur as well. These include:

    • Hyposmia (reduced sense of smell)
    • Constipation
    • Frequent need to urinate
    • Orthostatic hypotension (blood pressure drops while standing)
    • Excessive and frequent sweating or drooling
    • Anxiety or depression
    • Memory issues
    • Restless leg syndrome
    • Hallucinations or paranoia
    • Unexplained weight loss or gain
    • Erectile dysfunction in men
    • Vaginal dryness in women
    • Fatigue
    • Dementia
    • Impulse problems

    Am I Eligible to File a Paraquat Lawsuit?

    Before you can file a claim against a paraquat manufacturer, your case must have the following elements:

    You Need Proof That You Were Exposed to Paraquat

    There are several ways to prove that you were exposed to this dangerous chemical. For example, you can prove that you live near a company making the herbicide, or that you worked for a company that used paraquat and your position required you to be near it. If you bought herbicide with paraquat, you could prove it with a receipt. 

    You Developed Parkinson’s Disease After Paraquat Exposure

    If you have a medical diagnosis of Parkinson’s disease that came after your paraquat exposure, this is usually enough. 

    Your Paraquat Exposure Led to Your Parkinson’s Disease

    You will also need to establish that your Parkinson’s disease came directly from being exposed to paraquat. To prove this, you will likely need a thorough medical evaluation and tests to link the chemical exposure to your diagnosis. 

    How Do I Prove I Was Exposed to Paraquat?

    If you believe you were exposed to paraquat, you must prove it to support your legal claim against the company or other responsible party. First, you will need to familiarize yourself with the signs of paraquat exposure, including: 

    Paraquat’s Unique Look and Smell

    Paraquat has a strong odor. In the United States, there are regulations in place that require manufacturers to inject the chemical with a blue dye. The purpose of this dye is to help people keep the chemical away from drinks or food. 

    If you have ever handled commercial strength weed chemicals, you have likely seen this distinctive blue coloring. 

    Immediate Physical Signs

    The physical effects of Paraquat are often felt quickly, sometimes within a few hours or as fast as a few minutes. 

    If you experience any of the symptoms listed above or remember being exposed to this caustic blue chemical with a pungent aroma, seek medical help immediately.

    How Much Does a Paraquat Lawsuit Cost?

    If you hire a product liability law firm that specializes in paraquat lawsuits, they can guide you through the costs of filing a lawsuit. Some attorneys do not take any sort of upfront fee for their legal services in cases like this.

    Instead, these attorneys operate on a contingency basis. If you are not successful in your lawsuit, the lawyer will receive no compensation. If you do succeed in your quest for a payout, the attorney will receive an agreed-upon percentage for their services. 

    Your paraquat liability attorney will discuss these fee arrangements with you before asking you to sign an agreement for legal representation. 

    Why Should I File a Paraquat Lawsuit?

    If you believe you were exposed to paraquat due to a manufacturer’s or employer’s negligence, you may be eligible for financial compensation. A settlement can help pay for your medical expenses and Parkinson’s disease treatment if your illness is linked to paraquat exposure.

    A payout can also compensate you for lost wages if you have been out of work because of your disease. You may be eligible for further compensation because of pain and suffering and other damages. 

    Connect With a Lawyer in Our Network Today

    To find out if you qualify for a lawsuit, simply fill out our contact form. We will contact you directly to schedule your free case evaluation and connect you with an experienced paraquat lawyer in your state.