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An exploding battery can cause more harm than people may realize. Numerous individuals have suffered serious injuries from exploding lithium-ion batteries, and in fact, exploding batteries have even caused death in some cases. If you were injured by an exploding battery that has a defect, then you could be eligible for substantial compensation. Reach out to a New York City product liability lawyer to learn more about what this requires.

EXPLODING BATTERY HAZARDS

When it comes to lithium-ion battery hazards, the main causes of harm are fires and explosions. If a defect is present, these batteries are known to catch on fire or explode. The risk comes from the unpredictability

of these explosions and how close the person is to the battery when this happens.

A common concern is how many products these lithium-ion batteries can be found in. Lithium-ion batteries are used in phones, e-cigarettes, hoverboards, electric vehicles, certain train cars, hoverboards, and laptops. One small fire from an unchecked lithium-ion battery can spread into a major house fire if no one sees the battery catch fire.

Exploding lithium-ion batteries can dismember fingers if people have the battery near or in their hands. These explosions can result in a variety of other injuries like thermal burns, lacerations, tissue damage, vision loss, hearing problems, and infections depending on the injury severity. Deaths have been reported in rare cases.

The most hazardous part about defective lithium-ion batteries is not always knowing when they will catch fire or explode. This makes it hard to be cautious with lithium-ion batteries. Some of the most common causes of lithium-battery explosions are not easily detected:

CAN I SUE FOR AN EXPLODING BATTERY?

You can sue for an exploding lithium-ion battery if you can prove the injuries you suffered and the defect that caused the explosion. This same rule applies if your lithium-ion battery caught fire and caused injuries or property damages. Filing a product liability lawsuit requires determining what type of defect caused your injuries.

The three types of product defects are manufacturing defects, marketing defects, and design defects. Manufacturing defects may only exist in your lithium-ion battery because they involve a one-time mistake made during factory production. Whereas design defects exist in every released version of the product and may result in multiple battery explosions.

Marketing defects are a lack of warning labels and instructions for safe use. For example, a lack of instructions on how to safely charge and store a lithium-ion battery could be a reason to sue. Consider contacting a New York City product liability lawyer to find out what steps you can take to sue.

NEW YORK CITY PRODUCT LIABILITY LAWYER

No one should have to pay for injuries caused by a defective product. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to talk to a Puerto Rico product liability attorney for a consultation today. Our legal team can help you obtain compensation for damages caused by an exploding battery like medical bills and emotional distress. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Almost every medication has side effects listed on the label. The primary reason for this is to avoid being sued. However, when a side effect is experienced but not listed on the label, then the medication company could be liable. If you suffered unexpected harm from a medication, then you might be able to sue the prescribing medical professional or medication company. Talk to a New York medical malpractice lawyer to explore your options.

HARMFUL MEDICATION SIDE EFFECTS

The Food and Drug Administration (FDA) describes adverse medication reactions, or side effects, as unwanted effects caused by a medication. In some cases, these side effects are common and mild, rare and severe, or rare and mild. Medications with common and severe side effects often do not make it into the market.

A single medication can cause adverse side effects but so can mixing medications. This can happen by accident when patients are prescribed multiple medications at once. These medication interactions can lead to worse side effects than if the medications were taken alone.

All of these are reasons why most medication labels have extensive lists of side effects and warnings. Many warning labels will instruct consumers not to mix the medication with specific types of medications. Some medications have labels that warn consumers against driving or operating heavy machinery due to the side effects.

Doctors are also expected to warn patients about potential adverse side effects. This includes side effects that could lead to high risks while driving. pregnant, or consuming certain substances like alcohol. Ignoring these warnings comes down to the liability of the patient. When no warnings are given, liability for harm falls onto the prescriber or manufacturer of the medication.

HOW TO SUE FOR SIDE EFFECTS

If you suffered significant harm from a defective medication and you were not warned about this harm, then you might be able to sue. Medical malpractice claims can be filed against doctors who fail to warn patients. A product liability claim can be filed against the medication manufacturer if a mistake was made with the product itself.

Filing a product liability claim related to medication side effects often comes down to identifying marketing defects. A marketing defect occurs when a product fails to properly label or provide instructions for safe use. Medications that exclude information and labels about side effects, negative medication interactions, and what to avoid while on the medication fit this standard.

Consider contacting a New York product liability lawyer if you suspect a marketing defect. Collect evidence by keeping the defective product, documenting your damages, and with copies of medical records.

NEW YORK CITY PRODUCT LIABILITY LAWYER

You could be eligible for compensation if you suffered harm from a faulty medication. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York product liability attorney for a free consultation. Our San Juan team of lawyers might be able to increase your chances of compensation for medical bills, emotional distress, and other damages caused by the medication. We serve clients in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Losing a loved one to an unexpected accident can be a shocking and disheartening experience to go through. The last thing many people want during these times is additional stress from financial losses. An unexpected loss may lead to several financial obstacles when loved ones are unprepared. This is when many people wonder if they can sue for wrongful death. Talk to a New York City wrongful death attorney to learn more.

WHEN CAN A WRONGFUL DEATH CLAIM BE FILED?

Many people wonder what counts as wrongful death. A wrongful death claim can be filed when a third party is at fault for the death of someone else. This means another person or business was directly or

partially at fault for the injury that led to the passing.

Some of the most common examples of wrongful death causes include car accidents, assault, workplace accidents, and medical malpractice. While the person who caused the death may not have intended for the death to occur, this does not make them immune to liability. Even if the cause was accidental, someone could still be sued for negligence.

Negligence can take two forms, an act of commission and an act of omission. Acts of commission mean a reckless or careless action that caused harm to someone else. Whereas acts of omission are failures to take certain actions to prevent harm to someone. When these lead to death, a wrongful death claim can be filed.

A wrongful death claim can also be filed when the cause was intentional. People who assault other people may not have intended to cause the loss of someone's life, but the assault was intentional. Consider contacting a New York City wrongful death lawyer if you have questions about any of this.

WHO CAN SUE FOR WRONGFUL DEATH?

Now that you know when you can sue for wrongful death, you might be wondering if you or someone else can sue. Those who can sue for wrongful death are generally limited to family members of the deceased loved one. This mostly means immediate family members like spouses and children.

However, in some cases, distant family members like grandparents can file a wrongful death claim. In cases like these, the grandparents may need to prove they were the guardians of the person who passed away. There must be some type of close tie between them.

In certain cases, financial dependents can also sue for wrongful death, especially if their lives have been disrupted. This could be someone who was living with the person and who was financially dependent on the deceased loved one.

NEW YORK CITY WRONGFUL DEATH ATTORNEY

Navigating the legal aspects of a wrongful death claim is not always easy. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York wrongful death lawyer for a free consultation today. Our Puerto Rico legal team is ready to help you obtain compensation for funeral costs, pain and suffering, and income loss. We can be found throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

All it takes is one minor driving error to cause a major traffic accident. Since trucks like 18-wheelers are so massive, the damages can be catastrophic. Several drivers can be affected by a large truck collision. Identifying the error that caused the truck accident you were is important if you want to file a claim for compensation. Reach out to a New York City truck accident attorney to find out what steps this might take.

MOST COMMON TRUCK DRIVER ERRORS

The most common truck driver errors that lead to truck accidents include errors in judgment, lane changing, speed, and right-of-way. Judgment errors most commonly involve things like failing to stop, not braking early enough, and misjudging what other drivers are doing.

For example, a driver may try to pass a truck driver who is turning right. Due to the large size of these trucks, this maneuver can leave a driver little room to pass. The driver may not realize how much room the truck driver will take up in the other lane while turning. This can lead to a side collision.

Lane-changing errors happen in similar ways when drivers merge into traffic the wrong way. Merging too late can lead to rear-end accidents when truck drivers do not have enough time to come to a stop. Changing lanes too quickly in front of a large truck can create similar problems.

Speeding errors may involve not slowing down at construction sites and misjudging speed. A truck driver may not realize they are driving too fast for an upcoming sharp turn. The same goes for other drivers on the road. Drivers may also misjudge how fast a truck is driving and think it is safe to merge or turn in front of the truck.

Right-of-way errors involve unsafe turns, passes, and crossings. This may also involve crossing lane lines while passing a large truck.

YOUR OPTIONS AFTER A TRUCK ACCIDENT

If you were on the other end of a major truck accident, you have options. Taking these car accident steps could help you secure compensation. The first step to take is to move to safety and call 911 if anyone is injured.

Make sure the police and paramedics arrive, especially if you are injured. You will want a copy of your medical records and the police report if you want to file an accident claim. Collect the truck driver's basic contact, vehicle, and trucking company information. Write down details about the accident, including the cause.

Consider contacting a New York City truck accident lawyer to see what other steps you can take to improve your chances.

NEW YORK CITY TRUCK ACCIDENT ATTORNEY

You may not have to pay for the damages caused by another driver. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York truck accident lawyer for a free consultation today. Our Kings team of lawyers is ready to help you obtain compensation for medical bills, pain and suffering, and lost income. We can be found throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Knowing what increases the chances of teen driver car accidents can be enormously helpful when filing an accident claim. If you were in an unexpected car accident, then you could be eligible for compensation that could pay for your medical bills and car damages. This requires filing a car accident claim. Feel free to talk with a New York City automobile accident attorney about what steps this will take.

TOP FACTORS THAT INCREASE TEEN DRIVER ACCIDENTS

Teen driver car accidents tend to have common causes associated with them. Some of the most common teen driver accident causes include:

Distracted driving is one of the most well-known causes of teen car accidents. Texting while driving stands out as the most common form of distracted driving involved in these accidents. However, texting is not the only type of distracted driving. Other forms of distracted driving include eating, reaching for something in the back, not paying close enough attention to the road, and looking through CDs.

Drugged driving can mean consuming alcohol, illicit drugs, or medications that warn against driving. Drunk driving is the most well-known cause but not the only cause of teen driver car accidents. Abuse of prescription medications may also result in car accidents if the teen decides to drive while the medication is still in effect.

Driving with multiple passengers is particularly riskier for teen drivers due to less driving experience. Having other teens in the vehicle while a teen with minimal driving experience is driving can raise multiple risks. These risks include distractions while driving and being influenced by their friends to take greater risks while driving.

This leads to risky driving behaviors like pulling into traffic too soon, illegal lane changes, speeding, and turning too quickly or sharply.

STEPS TEENS CAN TAKE AFTER A CAR ACCIDENT

Do not panic if you find yourself on the other end of an accident as a teen driver. There are several teen driver accident steps you can take to protect yourself. Taking a deep breath is often powerful enough to regain your composure and think more clearly. Mistakes can be made while in panic mode.

Call 911 to ensure you and others are protected by ensuring professional help is on the way. Always call 911 if you or anyone is injured. Once you are in a safe spot, try collecting as much information and evidence as you can by writing details down and taking pictures. Consider contacting a New York City car accident lawyer if you have questions about the next steps.

NEW YORK CITY AUTOMOBILE ACCIDENT ATTORNEY

The aftermath of a car accident can be overwhelming but you do not have to face this alone. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York car accident lawyer for a free consultation today. Our Queens legal team can help increase your chances of compensation for medical expenses, pain and suffering, and lost income. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Violent car accidents can often result in severe and life-threatening injuries. Catastrophic car accident injuries could warrant additional compensation that can help cover added expenses associated with these types of injuries. If you have any questions about how to obtain additional compensation, then ask a New York City car accident attorney for help.

TYPES OF CATASTROPHIC CAR ACCIDENT INJURIES

Catastrophic car accident injuries are the types of injuries that are severe, life-threatening, or life-changing. Many of these injuries result in either long-term expensive medical treatments or lifelong impairments and disabilities. Some of the most common types of catastrophic car accident injuries are:

The long-term effects of traumatic brain injuries vary wildly depending on which of the brain is injured and the injury severity. Some brain injuries heal within a month or longer. Moderate to severe brain injuries can come with lifelong deficits in thinking, movement, sensation, communication, or personality.

Motor deficits from brain injuries can cause problems with walking, physical activity, and coordination. Some people might become unemployed as a result. Thinking problems related to memory, attention, or logical reasoning can also lead to difficulties with maintaining a basic income.

Spinal cord injuries can result in partial or full-body paralysis. Breathing and eating problems can result. This can dramatically change a person's life. Traumatic amputations can also lead to physical disabilities that may limit job options and limit physical activities.

Severe burn injuries create multiple complications from infection risks, chronic pain, disfigurement, and surgical amputations. Some burn injuries may result in long-term disabilities.

HOW TO ACQUIRE ADDITIONAL COMPENSATION

If you suffered catastrophic and life-changing injuries from a car accident caused by another driver, then you could be eligible for additional compensation. Being aware of the compensatory damages offered for car accidents can help you figure this process out. The two main compensatory damages are economic and non-economic damages.

Economic damages cover measurable monetary losses from the car accident. These include medical bills, car repair costs, car replacement expenses, and lost wages from missed work. You can prove these with bill statements, medical records, pay stubs, receipts, and other documents.

Non-economic damages include subjective distress caused by the accident like physical pain or psychological suffering. Proving these damages can be challenging and may require witness statements or therapy records. Pain and suffering, emotional distress, loss of enjoyment, and the loss of your relationship are types of non-economic damages.

Consider contacting a New York City car accident lawyer if you have questions about how to prove each of these damages. Your lawyer can also help you add up damages you could sue for to maximize your compensation.

NEW YORK CITY CAR ACCIDENT LAWYER

Major car accidents can happen at the most unexpected times. Call the Sullivan and Brill Law Firm today at (212) 566-1000 to talk to a New York automobile accident attorney for a free consultation. Our Suffolk legal team can help you obtain additional compensation for lost wages, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Certain unexpected medical emergencies like heart attacks can make a driver immune from liability for a car accident. This involves using the medical emergency defense when submitting a car accident claim. However, specific criteria must be met to qualify a driver to use this defense. Feel free to ask a New York City car accident lawyer to see if this could apply to your car accident.

WHAT IS THE MEDICAL EMERGENCY DEFENSE?

The medical emergency defense is something that could make an at-fault driver immune from liability in a car accident. Only certain medical emergencies can qualify for this defense to work. Common examples of medical emergencies that usually qualify include:

What these all have in common is they are unexpected, unforeseeable medical events. They are also sudden medical conditions that are hard to manage in enough time to pull off to the side of the road. These medical events are severe enough to make drivers lose control over their vehicles.

For the medical emergency defense to work, the driver must prove the medical event caused a loss of control over driving. This loss of control must have happened before the car accident. Proving these can be difficult depending on the complexity of the accident.

If the medical emergency or event is deemed predictable, then this defense may not work. When the driver was aware of the medical condition or forewarned not to drive due to a medical condition, this could also work against this defense. Certain disorders like epilepsy, for example, may disqualify people for the medical emergency defense since they know about the risks of driving.

HOW TO DEFEND YOUR CAR ACCIDENT CLAIM

You can use the medical emergency defense in your car accident claim to defend against liability. Other necessary car accident steps can improve your car accident claim. One of the most important steps is to call 911 if anyone is injured. Contact the police for the same reason or if property damages are severe.

Be sure to collect the other driver's contact and auto insurance information. Without this, filing an accident claim will be extremely difficult. The same issue may arise without a copy of the police report. Obtaining a copy of your medical records is also vital to prove any injuries you suffered.

You might be able to request compensation from the other driver if you suffered injuries and the other driver was partially at fault. Consider contacting a New York City accident lawyer to see what legal steps this requires.

NEW YORK CITY CAR ACCIDENT ATTORNEY

You may not have to pay for all the car accident damages yourself. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to speak with a New York automobile accident lawyer for a free consultation. Our New York City attorneys might be able to help you obtain compensation for medical expenses, emotional distress, and lost wages. We serve clients throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

Going through a traumatic amputation can be so intense that shock can set in and increase the chances of death. Infections are another major risk factor associated with traumatic amputations. Knowing what basic steps to take until paramedics arrive can be vital. You can also contact a New York City amputation attorney to figure out your legal options for compensation.

WAYS TO MANAGE A TRAUMATIC AMPUTATION

One of the most important traumatic amputation first aid steps is to call 911 for paramedics. Seeking professional medical help as soon as possible is extremely important for the safety of the person with the

accidental amputation. The most dangerous risk factors are bleeding out, death from shock, and deadly infections.

These are the three main risk factors that first aid can be applied to increase the chances of positive outcomes. Bleeding should be stopped in sterile ways to reduce the chances of infection. Washing your hands before attempting to stop the bleeding is highly recommended along with only using sterile cloths and materials to stop the bleeding.

Tying a tourniquet is a common practice. Elevating the site of the bleeding is also helpful for reducing the rate of bleeding. Direct pressure is usually applied for about 15 minutes before bleeding slows down. However, applying direct pressure might be needed until paramedics arrive.

Check and address signs of shock like pale skin, dizziness, fainting, weakness, and confusion. Heavy blood loss, severe pain, and the circumstances can all induce shock. Keep the person talking and thinking to keep them from passing out.

If the amputated body part is intact, then reattachment could be possible. Rinse off the amputated body part, wrap the part in a sterile bag, and place the body part in ice. This will prevent tissue deterioration and infections that could prevent reattachment.

CAN I SUE FOR A TRAUMATIC AMPUTATION?

Many people wonder if and when they can sue for a traumatic amputation. Suing for a traumatic amputation would mean filing a personal injury claim, something that requires someone else to be at fault. Whether the amputation was caused at work, in a car accident, or on someone's property, the ability to sue depends on negligence.

If someone else was partially at fault for your traumatic amputation, then you could sue them for damages. This includes damages like medical expenses, emotional distress, pain and suffering, lost wages, and lost earning capacity. Some people may have to suffer lost income because they can no longer work the same job due to the loss of a limb.

Try contacting a New York City injury lawyer to explore what legal steps this requires. You could receive substantial compensation.

NEW YORK CITY AMPUTATION LAWYER

You might not have to pay for your traumatic amputation expenses yourself. Call the Sullivan and Brill Law Firm at (212) 566-1000 to talk to a New York personal injury attorney for a free consultation. Our New York City legal team can help increase your chances of compensation for lost earning capacity, pain and suffering, and medical costs. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.

On May 15, 2020, a proposed plan of settlement was agreed to in the Imerys bankruptcy to compensate women harmed by talcum powder. Imerys has coined itself as the world leader in the production and processing of minerals. The French-based multinational corporation has been named in the talcum powder litigation as the primary supplier for Johnson & Johnson's talcum baby powder. Over the past decade, it has faced liability lawsuits. In 2018, Imerys settled the claims of 22 women for 5.5 million in Missouri prior to trial. The trial proceeded against Johnson & Johnson and resulted in a 4.7 billion dollar verdict. In February 2019, Imerys's North American Subsidies filed for bankruptcy. As part of the bankruptcy resolution, Imerys is proposing, subject to court approval, to auction off the North American operations and put the proceeds into a trust fund for current and future women that develop ovarian cancer from their use of talcum powder. Essentially, it is offering to settle the present and future claims for the fair market value for the North American operations. In return, it will no longer be named as a defendant future liability lawsuits. "Today's announcement marks an important step toward a permanent resolution of historic talc-related liabilities," said Alessandro Dazza, Imerys' Chief Executive Officer. "The Plan, once approved by the relevant Courts, represents a favorable outcome for the Group and the Talc Subsidiaries, and will enable the Group to focus on its current operations and move forward free from these past liabilities." Under the proposed plan, the completion of the sale is expected to occur in the fourth quarter of 2020. The ramifications for the Talcum Powder multidistrict litigation and for Johnson & Johnson remain unclear. Learn more with Sullivan Brill Personal Injury Attorneys in New York.

Sullivan Brill Partner, Steven Brill sat down with the Podcast Iron Advocate and discussed his experience as a criminal defense trial attorney on cases high-intensity, high-profile, and yes, sometimes high-stress cases.  The Podcast takes a deep dive into his firm's defense of Vitaly Korchevsky, an internationally known minister accused of insider trading. The three-week trial drew enormous media attention and involved voluminous discovery material.  Steven discusses the techniques he used on how to stay in front of the case, organize and prepare all of the categories of evidence, and most importantly, represent Mr. Korchevsky zealously.

To listen to the full podcast follow the link below.

https://podcasts.apple.com/us/podcast/iron-advocate/id1505805581?i=1000474289685

As more recalls on popular blood pressure medications rollout, users should check their prescriptions bottles and see if their medication has been recalled. Valsartan, Losartan, and Irbesartan are the Angiotensin II Receptor Blockers (ARBs) being recalled depending on the dosage, manufacturer and lot number.  The list of affected medications is not complete because the FDA is still undertaking testing of all ARBs to see if they are contaminated with the carcinogens. To see if the medication you are taking has been tested yet, and if so, what the results were, click here.

This week Teva Pharmaceuticals's voluntary recall list has expanded. Earlier in April, it recalled 35 lots of Losartan; now it has recalled an additional six lots possibly affected by the carcinogen.

The original recall states: “Based on the available information, the risk of developing cancer in a few patients following long-term use of the product cannot be ruled out”.

Teva, along with many other manufacturers, has been called on to account as to why this has occurred and to provide compensation to those who have been harmed by the medication.

The recalls which have been coming since July 2018 are the result of contamination with cancer-causing substances  during the formulatiion process. Three substances found to have contaminated many lots of Valsartan are N-nitrosodimethylamine (NDMA), N-Nitrosodiethylamine (NDEA), and/or N-Methylnitrosobutyric acid (NMBA).

A 2018 study in Denmark showed a 9% increased risk for cancer for people who ingested Valsartan contaminated with NDMA. Short term risks are still being evaluated, but the long term effects such as liver damage, stomach cancer, kidney cancer and colon cancer have been scientifically linked to the use of the contaminated drugs for longer than 6 months.

Search the full list of recalled angiotensin II receptor blockers (ARB) below by company, medicine, National Drug Code (NDC), lot number , or expiration date.

If you or a loved one has been diagnosed with liver damage or gastrointestinal cancer after extended exposure to Valsartan, Losartan, and Irbesartan, please call Sullivan Brill Personal Injury Attorneys today for a free consultation at (212)-566-1000.

The 2017 U.S. Supreme Court decision in Bristol-Myers Squibb Co. v. Super. Ct of Cal. S.F. Cty., has left the future of talcum powder litigation uncertain.

Bristol-Myers Squibb Co. v. Super. Ct of Cal. S.F. Cty., (“BMS Decision”) was a consolidated action filed by approximately 60 plaintiffs, the majority of whom were non-residents of California. The plaintiffs alleged injuries due to the use of the prescription drug Plavix, manufactured and sold by Bristol-Myers Squibb Co. (“BMS”). Plavix was not developed in California, nor was it marketed, labeled or packaged there. However, BMS derived over 1% of its nationwide sales from California, employed over 250 sales representatives, 160 employees and had 3 small offices. BMS moved to dismiss the non-resident plaintiff's claims on grounds that the California courts could not exercise jurisdiction over the non-resident claims because it violated BMS's Due Process rights. The California courts rejected the argument, and BMS appealed to the U.S. Supreme Court. The Supreme Court reversed the California ruling and held that BMS's activities in California were not sufficient for the California courts to exercise specific jurisdiction over the non-resident's claims.

The Supreme Court case set a new precedent that will apply to other mass tort cases and will have a significant impact on future mass tort litigation. The decision makes it more difficult for nonresidents to join consolidated state litigation. This, in turn, will increase the overall cost of mass litigation and make it more difficult for plaintiffs to join together in large groups that can more effectively fight corporations. Further, it will preclude many claims that don't involve substantial injuries because the cost of bringing such claims individually or in limited groups will not justify the cost of prosecuting them.

In relation to the talcum powder litigation, this ruling has already had an impact in Missouri, and BMS will likely try to use it in California, Delaware and other states. The same day the BMS Decision was released, a Missouri judge declared a mistrial on a talc powder case it was hearing because two of the three plaintiffs were not residences of Missouri. A year later, one of the first talc powder lawsuits against Johnson & Johnson, which resulted in a $55 million verdict in 2016, was set aside by an appellate court. Citing the BMS Decision, a three-judge panel deemed the nonresidential plaintiffs unable to join the consolidated litigation in Missouri. "The high court ruled that state courts cannot hear claims against companies that are not based in the state or when the alleged injuries did not occur there,” according to the ruling. This may lead to the dismissal of non-resident claims in the future. A plaintiff's lawyer who recently won a multibillion-dollar verdict in a 22-plaintiff case in Missouri that included non-residents said, in response to J&J's threatened appeal on jurisdictional grounds, “I hope they focus their appeal on jurisdiction because I'm confident we'll win that.” He also stated that he and his team had amassed hundreds of pages of evidence regarding lobbying efforts and J&J focus groups conducted in Missouri, which he feels should be sufficient to overcome the application of the BMS Decision.

For more information about talc powder litigation and your rights, contact our New York City personal injury lawyers at Sullivan & Brill, LLP. Dial (212) 566-1000 or contact us online anytime by clicking here.

Last night, the fifth Missouri jury to consider whether Johnson & Johnson's talc powder caused the Plaintiff's ovarian cancer returned a verdict resoundingly answering that question in the affirmative. It awarded the Plaintiff over $110,000,000, of which, $105,000,000 was punitive damages intending to punish J&J for its deceitful conduct.

The Plaintiff was a resident of West Virginia that had used Johnson & Johnson's Baby Powder and Shower-to-Shower products for over 40 years. At the time of trial, she was battling Stage III(c) ovarian cancer that had reoccurred and spread to her liver. Her case was chosen by the Defense because it felt it had a strong argument that her ovarian cancer was not caused by her use of talc powder. The entire defense centered on that argument and little effort was made to challenge the Plaintiff's evidence that talc generally causes ovarian cancer.

This verdict followed a jury verdict in favor of J&J in March of 2017 and the dismissal of 200 cases in New Jersey by Judge Johnson, who ruled that the Plaintiff's scientific evidence was not sufficient to support a finding that the genital use of talc causes ovarian cancer. That decision is presently on appeal. The first three jury verdicts in St. Louis came down in favor of the Plaintiffs and also included substantial punitive damages awards.

If you or a loved one developed ovarian cancer after the use of talc powder, it's important to speak with a New York City injury lawyer about your legal options. Contact our experienced and dedicated legal team at Sullivan & Brill, LLP to discuss your case. There are no fees until we secure compensation for our clients. Call 212.566.1000 today!

After losing three straight trials in a St. Louis trial court, Johnson & Johnson filed a request that the cases be moved to another court. Three different St. Louis juries in the past year have returned verdicts in excess of $50 million against Johnson & Johnson for failing to warn consumers that genital use of its talc powder increased the risk of ovarian cancer. Rather than accepting these verdicts and removing its talc based products from the market, Johnson & Johnson continues to maintain that its talc powder is safe.

It explains the verdicts by asserting that the plaintiff's lawyers have tainted the jury pool by spending $10 million advertising the dangers of talc powder in the past year, a disproportionate amount, they claim, being spent in St. Louis. The trial judge that has presided over the three trials, Judge Rex Burlison, denied Johnson & Johnson's request. Johnson & Johnson is appealing that decision to Missouri's intermediate appellate court, the Missouri Court of Appeals. Call Sullivan Brill Personal Injury Attorneys to learn more about how these legal battles impact victims and their rights.

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