The vast majority of major surgeries that require anesthesia come with risks. One of those risks is something called anesthesia errors. A variety of anesthesia errors can happen with an array of consequences. These consequences range from severe pain and adverse reactions to death. Talk with a New York City medical malpractice attorney if you suffered harm from anesthesia.
There are several types of anesthesia errors and consequences. Being aware of these errors can help you identify the cause of the harm you suffered. This is vital if you are considering filing a medical malpractice
claim for compensation.
Some of the most common anesthesia cases that lead to death include anesthesia overdose, adverse side effects, and pregnancy care mistakes. Less common causes of death from anesthesia are malignant hyperthermia and intubation complications. Some of these causes may involve errors while others may be out of the medical professional's control.
For example, certain adverse side effects cannot be foreseen by even the most trained medical professionals. However, if the medical professional was aware of prior adverse reactions or allergies in the patient and failed to take precautions, then this could be deemed negligent. Medical professionals who fail to assess for these factors may also be considered negligent.
Other anesthesia errors can be caused by failure to maintain equipment for anesthesia, operating without adequate training, and not properly administering anesthesia. Since anesthesia often involves multiple types of medications that need to be balanced, there is room for error in this aspect as well. In some cases, this can lead to anesthesia awareness.
Not everyone has heard about anesthesia awareness when a patient wakes up during surgery. This can also take the form of being awake during the entire surgery but remaining paralyzed. The patient is unable to alert medical staff that they are awake while they feel the excruciating pain of the surgery.
This is a terrifying experience that can deter many people from undergoing surgery. However, anesthesia awareness is a rare experience. The causes of anesthesia awareness vary and may include anesthesia monitoring errors, tubing errors, user errors, and intervenors errors.
The harms caused by anesthesia awareness include the risks of shock, trauma, and the development of mental health problems. Severe emotional distress can lead to the development of lifelong struggles with post-traumatic stress disorder, anxiety, depression, and insomnia.
If the error that caused this harm can be traced back to negligence, then you might be able to file a medical malpractice claim. Consider contacting a New York City medical malpractice lawyer if you think you suffered harm from an anesthesia error.
You may not have to pay for damages you suffered from an anesthesia error. Call the Sullivan and Brill Law Firm at (212) 566-1000 today to speak with a San Juan medical malpractice lawyer for a consultation. Our legal team can help maximize your compensation for medical expenses, pain and suffering, and lost wages. We are located in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
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.
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:
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.
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.
The harm caused by defective surgical mesh can be severe. Some patients suffer prolonged pain, internal organ damage, and life-threatening injuries. Medical bills to remove the surgical mesh and repair the damages caused can be expensive. You may not have to pay for these expenses if the manufacturer or surgeon was at fault. Discuss your situation with a New York City medical malpractice lawyer to find out if you can sue.
One of the most common types of surgical mesh associated with injuries to patients involves surgical mesh for hernia repairs. There have been many recalled surgical mesh implants associated with hernia surgeries.
Anytime a medical device like surgical mesh is reported as dangerous to patients, the device is recalled from consumer use.
Those who were harmed by defective surgical mesh tended to suffer various types of injuries. Some of the most common injuries caused by surgical mesh defects with hernia repairs include:
Many of these complications can become dangerous if left untreated. Organ obstructions and perforations can lead to severe consequences. Surgical repairs for these types of damages can be expensive. This is especially true for mesh migration when the mesh moves to a different location within the body. Mesh shrinkage can also inflict internal damage and pain.
You might be able to sue for surgical mesh injuries if you suffered harm as a result of negligence. The manufacturer of the surgical mesh or the surgeon who performed the surgical mesh procedure could be held liable. Filing a surgical mesh lawsuit requires figuring out who was at fault.
A doctor could be held liable if the doctor knowingly used a defective or recalled surgical mesh. There are several signs of negligence to be aware of. Doctors who claim you need additional surgeries due to mesh complications might be covering up a mesh defect. Some doctors may say this but then say the surgery is too risky.
The manufacturer of the surgical mesh could be held liable if they produced the mesh with a defect. This defect could exist in the design of the mesh or may have occurred during mass production. Design defects often lead to recalls because they exist in all released versions of the product.
Consider contacting a New York City product liability lawyer if you are unsure who was at fault for your injuries. An experienced lawyer can help you figure out who was responsible and collect evidence for your claim. Depending on the situation, you could be eligible for significant compensation.
You may not have to pay for the damages you suffered from a defective surgical mesh. Do not hesitate to contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to talk to a Long Island product liability attorney for a consultation. Our legal team is ready to increase your chances of compensation for medical expenses, pain and suffering, 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.
All it takes is one product defect to result in serious injuries and harm to consumers. Increasing your awareness of types of product defects and product recalls might help you avoid these types of injuries. If you were injured by a product, then you might be able to sue for substantial compensation. All you have to do is reach out to a New York City personal injury attorney to see what legal steps to take.
Avoiding injuries from defective products starts with knowing about the types of defects that cause injuries. The three main types of product defects are marketing defects, manufacturing defects, and design defects. Being able to identify these ahead of time could potentially prevent an injury.
Marketing defects can be found on labels, instructions, packaging, and product stickers. What often happens is a lack of information about the safe use of the product. If the product looks dangerous when used a certain way, then precautions could prevent an accident.
Design defects exist within the design of the product and might involve internal or overall mechanisms that go wrong. Manufacturing defects may include minor issues like loose screws, cracked pieces, or missing parts. In some cases, these can be dangerous. For example, car seats with loose screws could make the seatbelt fail.
Checking product recall lists online is also a helpful tool for avoiding defective products. There are a variety of websites like the Food and Drug Administration, Recalls.gov, and Foodsafety.gov that can be used to keep track of the most recent product recalls. Products are recalled when they pose hazards to consumers.
If you suspect the product you are using has faults, then consider checking these online product recall sites. See if this product is listed and if so, the best step might be to avoid using the product. Some people are able to request a refund.
In the event that you were injured by a defective product, you might be able to file a product liability lawsuit for compensation. A product liability claim involves first identifying the type of defect that caused your injury. Then the damages caused and ties to the product manufacturer must be proven.
You can prove this by collecting and documenting as much evidence as possible. Write down what happened and details about the product defect. Take pictures of the product defect, your injuries, and any other damages like property damage. Some cases like these may require evidence from receipts, product blueprints, and documents.
Consider contacting a New York City product liability lawyer for more information on how to file your lawsuit. A lawyer can help you obtain significant compensation.
Going up against a product company can be intimidating. Feel free to call the Sullivan and Brill Law Firm today at (212) 566-1000 to speak with a New York product liability lawyer for a consultation today. Our team of attorneys can help you obtain compensation for any injuries or damages you suffered from a defective product. We can be found in New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester, and Rockland Counties, and San Juan, Puerto Rico.
Medical malpractice can sometimes go undetected until the harm caused by the malpractice is first noticed. Certain instances such as surgical malpractice may not show negative effects until years later. Learning about the signs of medical malpractice might help you detect the problem sooner. If you suspect malpractice, reach out to a New York medical malpractice attorney today.
There is no universal way to detect medical malpractice at all times. If so, then most people would be able to prevent malpractice from ever happening and there would be fewer lawsuits. Unfortunately, a lot
of malpractice happens behind the scenes, and the effects are not seen until the damage is already done.
However, there are cases where malpractice could possibly be detected sooner. There are certain signs to look for when it comes to negligent doctors and medical staff. Some medical malpractice incidents can also be immediately obvious while others may show negative effects right after a procedure.
Detecting signs of malpractice means looking for things that seem off or unprofessional. Doctors who fail to follow up with a patient who has concerns about worsening symptoms or side effects might be acting carelessly. A medical team who takes too long to see a patient who is in need of emergency care might be deemed negligent in certain cases.
Doctors who rush through the examination and diagnosis process can make mistakes. Be wary if your doctor has sped through their examination and has not addressed all of your questions. Medical professionals who ignore serious concerns expressed by a patient might be missing important details for your treatment needs.
When it comes to medications, signs to look for include:
Being aware of some of the most common types of medical malpractice might also help you detect malpractice. The main types of medical malpractice include diagnostic errors, surgical mistakes, defective medical devices, medication errors, and failure to properly treat a condition. You may not notice signs of these until after the damage is done.
For example, surgical malpractice is not something most people can foresee signs of. However, picking up on signs of this after the surgery is vital for preventing further harm. Note down any strange symptoms and effects after the surgery like infections, complications, and pain. This may uncover a surgical instrument left inside the body or a defective implant.
Consider contacting a New York City medical malpractice lawyer if you think you experienced malpractice. A lawyer can help you build your case for substantial compensation for any damages you suffered.
Figuring out if you experienced medical malpractice is not always easy. Do not hesitate to call the Sullivan and Brill Law Firm today at (212) 566-1000 to speak with a New York medical malpractice lawyer for a consultation today. Our team of attorneys might be able to help you take legal action and obtain compensation for any damages you suffered. We are located 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.
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.
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.
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.
An unexpected fall can lead to serious injuries for adults aged 65 and older. Not only can medical bills add up fast, but severe fall injuries can lead to lifelong impairments. For some people, this can create financial problems. However, you may not have to pay for these expenses if the property owner was at fault. Talk to a New York City slip and fall lawyer if you think your fall injury was caused by someone else.
Not everyone realizes how serious fall injuries can be in people aged 65 and older. Around 3 million people in the age group have to go to the emergency room for a fall injury each year. Not only do falls commonly cause brain injuries, but many of them also result in deaths in this age group.
Falls are more dangerous for people aged 65 or older due to decreasing physical health with age. Not only are vision problems more common but so are difficulties with walking, balance, and reaction time. Some of the most common fall injuries in this age group are severe:
Most bone fractures from fall injuries happen in the hips, wrists, ankles, and arms. Severe bone fractures can lead to chronic pain and lifelong problems with walking. So can certain soft tissue injuries. These types of injuries may damage the tendons, muscles, or ligaments, which can reduce the range of motion and movement in the afflicted joint.
Traumatic brain injuries in the moderate to the severe range can lead to a variety of major complications. Thinking, sensation, movement, vision, and personality can all be impacted by a brain injury. Some brain injury impairments are irreversible.
Many people wonder what makes falls more common in the elderly. Being aware of common causes might help you avoid a fall injury in the future. Some of the most common causes of falls in the elderly are:
Falls can be reduced by being aware of medication side effects, walking slowly, and taking time to stand up. Becoming aware of surroundings before proceeding is helpful. However, if your fall was caused by a loose wire, unlevel footing, or wet floors on someone else's property, then you could be eligible for compensation.
Try contacting a New York City personal injury lawyer to discuss what legal options you might have for suing.
You may not have to pay for injuries caused by a negligent property owner. Contact the Sullivan and Brill Law Firm at (212) 566-1000 to speak with a New York premises liability accident lawyer for a free consultation today. Our Nassau attorneys can help increase your chances of compensation for medical bills, pain and suffering, 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.
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.
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.
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.
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.
A defective medication can lead to a multitude of medical complications. These complications range from mild side effects to severe allergic reactions and life-threatening effects. Some people may suffer worsening symptoms or use a medication that fails to treat their medical condition. Consider talking to a New York City product liability attorney if you have questions about how to file a lawsuit.
The United States Food and Drug Administration (FDA) recalls new medications each year, for a variety of reasons. Some of the most common causes of defective medications include incorrect dosing,
contamination, mislabeling, and medication defects. These errors may happen during the design, manufacturing, or shipping of the medication.
Recalls happen when the medication is deemed harmful to the public and must be removed from shelves. Some recalls are more serious than others. Class I recalls are done for medications that have been known or could cause injuries or death. Whereas class II recalls are for medications that induce temporary negative effects. Lastly, class III recalls handling medications with labeling mistakes.
Faulty medications can result in mild to severe consequences depending on the defect. For example, a minor mislabeling error may lead to a simple lack of information about the product. However, a mislabeling error that lists the wrong dosage or frequency to use the medication could lead to an overdose.
Accidental contamination of a medication product during factory production can be as severe as death. This could be caused by deadly chemicals, cancer-causing chemicals, or chemicals that induce severe allergic reactions. Too much of one ingredient due to a factory error can also lead to severe side effects or overdoses.
A pharmaceutical company can be sued with a product liability claim if it sold a defective medication that caused harm to the public. This harm can be mental or physical and may include damages like pain and suffering, emotional distress, and medical costs. The three types of defects you can sue for are:
Design defects exist in the product itself. They impact every released version of the medication. Common examples might be medications that were not adequately tested in labs before public release. These medications may come with adverse side effects.
Manufacturing defects occur when factory errors are made. They may only impact one or a small subset of released products. One example would be the wrong dosage. Marketing defects involve mislabeling, like when allergy warnings or safe use instructions for the medication are not listed.
Try contacting a New York City product liability lawyer if you have questions about suing.
Going up against a pharmaceutical company alone can feel intimidating. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to speak with a New York product liability lawyer for a free consultation today. Our Westchester legal team is prepared to help you obtain compensation for medical bills, 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.
If you were injured or significantly harmed by a defective medical device, then you could be eligible for substantial compensation. Depending on the circumstances, you might be able to file a lawsuit against your doctor or the product manufacturer. The hard part is figuring out who to sue and how to sue. Feel free to reach out to a New York City product liability lawyer for answers.
Medical devices are recalled by the United States Food and Drug Administration (FDA) each year due to defects. The harm caused by defective medical devices ranges from mild discomfort to life-threatening injuries. Depending on the type of medical device that becomes defective, a person could be left with permanent harm.
Some of the most common defective medical devices that have been recalled over the past several years are implants. Surgical mesh was recalled after the mesh shrunk over time, resulting in severe pain in patients who had the mesh implanted in them. What happened is surgical mesh manufacturers were able to skip testing of their product with legal loopholes.
Many medical device companies will attempt to do the same thing to speed up their revenue. An implanted lap band designed to reduce eating for purposes of helping patients lose weight ended up injuring patients. The lap band had started causing many patients chronic nausea, vomiting, and little to no results with weight loss.
Metal hip implants were recalled after several implant failures with one patient suffering the effects of metal debris poisoning. Other patients suffered chronic pain and injuries from these hip implants. Some patients struggled with physical activities as a result.
You might be wondering if you should sue your doctor or the medical device manufacturer for your injuries. This can be a difficult question because the answer depends on who was negligent. If the doctor knowingly used a defective medical device, then the doctor could be held liable.
A damaged or defective medical device for one medical device only could be a user error by a doctor or a manufacturing error. Having a manufacturing error would mean you would sue the product manufacturer. This involves filing a product liability lawsuit against the medical device company.
Taking an action like this can be intimidating but might be easier than suing your doctor if you have evidence. You must prove a defect in the design, manufacturing, or marketing of the medical device. Pictures of the damage, defects, and blueprints all serve as evidence.
Try contacting a New York City product liability lawyer if you have questions about what other steps to take.
Figuring out how to sue for a defective medical device can be complicated. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 today to speak with a New York medical malpractice lawyer for a free consultation. Our San Juan legal team might be able to help you obtain compensation for medical bills, emotional distress, 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.
After years of ongoing lawsuits alleging Johnson & Johnson hid the associated increased risk to ovarian cancer, the company has finally announced it will discontinue the sale of Talcum Powder products in the U.S and Canada. At the start of this litigation, the goal was only to get the large conglomerate to warn of the increased risk of cancer on the label. The discontinuance of sale and production of talc-based baby powder is a far bigger win for society then anticipated. It is estimated that approximately 10% of the 21,000 plus ovarian cancer diagnosis-es each year are attributable to the genital use of talc powder. This action ensures that there will never be new users and current use of this harmful product will stop.
The talcum powder federal multi-district litigation officially formed in 2016, but there have been single event cases dating back to the 1970s. Johnson & Johnson has aggressively fought the claims defending the purity of the product. Early cases were dismissed or voluntarily discontinued while J&J withheld research and documents indicating that the genital use of talcum powder was associated with an increased risk of ovarian cancer. Beginning in 2016, jury trials in Missouri and California began resulting in multi-million dollar verdicts on behalf of victims who developed cancer after using talcum baby powder. Regardless of the trial verdicts, J&J continued to back the product. The company ignored the scientific evidence that showed an increased risk of cancer from using talc-based powder and continued to put the consumer in harm's way to deepen its own pockets. In 2017, evidence emerged that J&J's talcum powder contained small amounts of asbestos, a dangerous mineral that causes mesothelioma. J&J denied the claims. In October of 2019, the FDA tested random containers of J&J talc powder and found unsafe levels of asbestos. Johnson & Johnson was forced to recall the affected lots. Afterward, they continued to steadfastly defend the product.
The announcement discontinuing the sale of the product comes shortly after the MDL judge ruled that the vast majority of the plaintiff's proposed expert witness testimony was valid and could be heard by the jury at trial. As J&J pulls the product, it still claims that there is no increased risk of cancer and it continues to sell the product in other countries. It has rationalized the discontinuance of the product as a commercial decision based upon declining sales. Although baby powder makes up only a small portion of Johnson & Johnson's revenue, the talc story has tarnished its reputation. Regardless of the justifications it gives to the public, the litigation brought to light a blatant disregard for the consumer and a willingness to place profits over the safety of the public. Like many similar litigations in the past, this litigation rid the public of a product that provided no medical benefit, but imposed significant harm.
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
After years of push back from Johnson & Johnson claiming it's baby powder products are completely safe, J&J has recalled over 33,000 bottles. The recall came after the Food and Drug Administration found unsafe levels of asbestos, a carcinogen, in some bottles.
For years, Johnson & Johnson has defended the purity of baby powder products in lawsuits filed by women throughout the country. The women have alleged that J&J's talc baby powder contained asbestos and fibrous talcum which has caused their ovarian and mesothelioma cancer. The individuals perusing the lawsuit are suing on the grounds that Johnson & Johnson did not warn of the increased risk of developing cancer despite being aware of them for decades, and even going as far as to cover up the evidence. Often times, these diagnoses are fatal and despite numerous extremely high jury verdicts in favor of the plaintiffs, J&J has stood by their product. They have appealed every trial decision and there have been no publicly reported settlements, instead they have vigorously fought individuals who have been harmed by their corporate misconduct.
The tests run by the FDA show trace levels of asbestos in the 22-ounce bottles from lot number 22318RB. Johnson & Johnson responded with the recall, saying they are “taking an overabundance of caution” and they also advise any individuals with baby powder from lot number 22318RB to discontinue use immediately. Although Johnson & Johnson has issued this recall after significant pressure from the FDA and public, they continue to defend their product stating that they will “determine the integrity of the tested sample and the validity of the test results”
The FDA spokeswomen, Gloria Sánchez-Contreras, responded to the accusation stating “The F.D.A. stands by the quality of its testing and results.”
Until this point, Johnson & Johnson has never recalled any of its baby powder products. They have remained on the shelves as many individuals unassumingly continue the use of a product that has caused illness in so many others. Baby powder is classified as a cosmetic product. It has no therapeutic or medical benefit whatsoever. Personal care and cosmetic products do not have to be tested by the FDA before they go to market. They are only tested, very occasionally, after public concern has been raised. Previous FDA tests of J&J baby powder from earlier this year and one from ten years ago did not find asbestos. However, there is no safe level of asbestos. Health risk increase with more frequent use but evidence suggests any amount of exposure can be harmful. Many companies that carry baby powder, such as Rite Aid, Walgreens and CVS have taken all baby powder bottles off its shelves. Other carriers like Walmart, have chosen to only remove certain lot number bottles of the 22-ounce powder. Other companies have begun to sell and market cornstarch-based alternatives which are said to have the same feeling as talcum powder without the increased risk for disease.
Although baby powder itself makes up a smaller portion of J&J sales, the threat to the company's reputation is significant. Many consumers are saying enough is enough to the corporation profiting at the expense of their safety. Johnson & Johnson has found themselves in a very unfavorable light as many ongoing litigations have fallen in the plaintiff's favor recently. Time and time again J&J continued corporate misconduct has harmed the consumer. Other litigations Johnson & Johnson are responsible for include; Risperdal, Pelvic Transvaginal Mesh, Pinnacle Acetabular Cup, Xarelto, Marketing for Opioids and many more. Johnson& Johnson has had complete disregard for the wellbeing of the consumer, selling these harmful products where oftentimes, internal documents confirm that they were aware of the risks but ignored it and hid the knowledge from the public. Their goal was and continues to be, only to deepen their pockets, even at the expense of the consumer's health. Sullivan Brill Personal Injury Attorneys in New York are here to help if you’ve been affected by the Johnson & Johnson Baby Powder recall.
Less than a month after textured breast implant manufacturer, Allergan, announced its voluntary recall, two women have filed a class-action lawsuit against the company. On July 24th, Allergan recalled certain textured breast implants and tissue expanders. On July 30th, Allergan announced it will pay to cover the cost of a new implant itself, but will not cover the cost of the surgery to remove and replace them.
The two women who have filed the lawsuit allege that Allegeran was aware of the increased risk of developing BIA-ALCL and dismissed and downplayed the potential risks. Like many others, these two women have spent large sums of money unbeknownst to them that the product could increase their risk of developing cancer. The class action seeks to compel Allergan to cover the costs associated with explanting the recalled product and replacing them with a safe option.
The lawyers at Sullivan & Brill, LLP are currently representing women that have been implanted with these recalled breast implants and are investigating the strength of their legal claims. No one should have to deal with the anxiety and stress of living with a recalled product inside their bodies. A medical device manufacturer has a duty to ensure that the device is reasonably safe for its intended purpose and to warn consumers of the risks of which it is aware. If the medical device is not suited for its intended purpose or if the manufacturer is aware of risks, but does not warn of these risks, the company should be held responsible for the harm the device causes.
Contact Sullivan Brill Personal Injury Attorneys for a free consultation on whether you have a viable claim, call 212-566-1000 or complete the form on the right and one of our attorneys will contact you.
Since the 1970s, concerns about Johnson & Johnson's talc powder have grown. Talcum powder is a substance made from a mineral consisting of magnesium, silicon, and oxygen. Since the late 1800's Johnson & Johnson has been adding fragrance to it and marketing it to women for genital use to absorb moisture in the skin and reduce friction. Studies have provided increasing evidence that the product causes ovarian cancer in women who use the powder regularly.
However, the company refuses to put warning labels on its product. Instead of warning women, it continues to target women to increase sales. Six juries in Missouri have heard the evidence against Johnson & Johnson and five of them have found that its conduct warranted a significant award of punitive damages. In the latest development, a California jury, awarded a victim of ovarian cancer $417,000,000, over $300,000,000 of which was punitive damages.
Here's what you need to know about the case.
Eva Echeverria, a 62-year-old woman, recently brought a lawsuit against Johnson & Johnson. She claimed its talcum powder was responsible for her ovarian cancer. Echeverria had started using the company's talc powder when she was 11 years old, and her diagnosis of ovarian cancer occurred in 2007.
Johnson & Johnson, the biggest healthcare company in the world, had been aware of concerns about its product for decades. However, it persisted in selling talc powder without warning labels. The repeated use for many years, according to Echeverria, led to the development of her ovarian cancer. She sought to hold the company liable for failing to warn her about the risks associated with its product, and for advertising talc powder to women without disclosing the warnings.
The claim was filed with the California Superior Court of Los Angeles County. The lawsuit is the first talcum powder case to go to trial in California. The trial lasted 3 weeks, and the jury deliberated for two days before making a final judgment.
The selection of the jury began on July 24, 2017, and the opening statements began on July 26. The plaintiff presented arguments for 10 days and presented evidence of five experts. Afterward, the defendant presented counter-arguments for four days, offering testimony of four experts.
Echeverria claimed her use of Johnson & Johnson's talc powder had led to her cancer. The jury found the company, as well as Johnson & Johnson Consumer Inc., liable for her illness. It ordered the company to pay Echeverria a total of $417 million in compensation, including $347 million in punitive damages.
Johnson & Johnson currently faces 5,500 claims in U.S. courts regarding the use of its talc powder, and a spokesperson said it would appeal the court's decision. The company claimed there was not enough evidence to prove that its talc powder caused Echeverria's ovarian cancer. Nonetheless, the jury found the company liable and determined to hold it responsible for the negative health effects of its product and for its irresponsible marketing practices.
At Sullivan & Brill, LLP, we are dedicated to providing passionate legal assistance. If you have suffered from cancer caused by talc powder, our firm can represent you in court. We can build your case, discuss your options, and work hard to hold Johnson & Johnson, and other companies, responsible for failing to warn consumers about hazardous healthcare products.
Contact our office today to schedule a free consultation.
For more information about Talcum Powder read more here.
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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