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Personal Injury Blog

Plan to Establish $135 Million Fund for NECC Fungal Meningitis Claimants Has Been Filed

December 05, 2014 @ 10:09 AM — by Jim Pettit
Two years after New England Compounding Center (NECC) sent contaminated injectable steroids to pain clinics in  several states, there is now a Plan to establish a fund of $135 million for persons with fungal meningitis caused by this contamination. Over 750 people have been sickened and over 60 people have died from the tainted steroids. NECC declared bankruptcy in 2012 but now the Trustee for it has filed this Plan in federal Bankruptcy Court. It is hoped that this Plan will receive final formal approval from the Bankruptcy Court in the spring of 2015.

If You Thought the Sale of Asbestos Was Illegal, Think Again

December 04, 2014 @ 04:09 PM — by Jim Pettit
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Many clients in the asbestos litigation are shocked to learn that the sale of asbestos is not illegal. Even in 2014, where people continue to die of mesothelioma and other asbestos-related diseases, it remains legal to import asbestos, manufacture asbestos products, and sell asbestos products. No matter what your politics are, you SHOULD be shocked to learn that Congress cannot pass a bill to ban asbestos. Democratic Senator Patty Murray (D-Wa) and Democratic Senator Barbara Boxer (D-Ca) fought to pass such a bill, banning asbestos, called the Ban Asbestos in America Act", several years ago. While it initially passed in the Senate, the bill ultimately did not become law.

Did BASF and/or Asbestos Defense Lawyers Destroy Evidence?

December 04, 2014 @ 11:13 AM — by Jim Pettit
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The daughter of an engineer who worked at Engelhard Corporation (a New Jersey company) contracted mesothelioma, a form of cancer caused only by asbestos in the United States. She claimed in the lawsuit that her father brought asbestos home on his clothes and also claimed exposure when she would visit him at work. The suit claimed that the talc at the Engelhard plant was contaminated with asbestos. At the time of the lawsuit, Engelhard no longer existed because a huge German chemical company, BASF SE, had  bought it. For years, Engelhard, and then BASF, and defense lawyers at the Cahill Gordon & Reindel lawfirm, maintained in thousands of asbestos cases that Engelhard's talc was asbestos-free. Now there is a lawsuit filed against BASF and also the Cahill lawfirm, claiming that they conspired to prevent injured or deceased plaintiffs from receiving compensation for their asbestos disease. 

Device Used in Hysterectomies May Cause the Spread of Cancer

November 24, 2014 @ 01:23 PM — by Jim Pettit
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Today the FDA warned against using a medical device called "Laparoscopic Power Morcellators" to remove uterus fibroids (i.e., hysterectomies). In fact, the FDA Notice was categorized as an "Immediately In Effect " (IIE) Guidance. In addition the FDA recommended that the companies that make the Laparoscopic Power Morcellators include safety statements in the form of "Boxed Warnings" and two (2) Contraindications. The boxed warning should include the fact that these devices may actually cause the spread of existing cancer which would decrease the long-term survival of patients. 

Jury Awards $155,000 to Actos Victim

November 18, 2014 @ 04:17 PM — by Jim Pettit
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An injured plaintiff was awarded $155,000 in West Virginia for his Actos-related bladder cancer. The jury was only out three hours before it rendered its verdict. This verdict followed right on the heels of a Philadelphia jury verdict of $2 million to another former Actos user. In the recent trial the judge allowed the lawyer for the plaintiff to argue that defendant, Takeda, intentionally destroyed many of its Actos development and marketing files. The US spokesperson for Takeda said that the company is considering its options, which would include an appeal. There are more than 8,000 Actos cases filed around the country, with over 3,500 filed in federal court (which is where Locks Law Firm LLC files its Actos cases).  

Toxic Chemicals, Benzene Concentrations Increase Exponentially by Fracking Sites

November 12, 2014 @ 02:22 PM — by Admin
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In a world increasingly concerned about available sources of energy, scientific innovations have opened the door to new methods of obtaining natural gas and oil. One such method, known as hydraulic fracturing – or fracking – functions as a double-edged sword because it permits energy companies to obtain previously unreachable sources of energy, but poses significant environmental and health risks.

The risks of hydraulic fracturing are manifesting as it was recently proven that eight poisonous chemicals were found near fracking sites in Pennsylvania, Arkansas, Colorado, Ohio and Wyoming. Benzene, a carcinogen linked to leukemia and cancer, was the most common chemical found near fracking sites.  Additionally, researchers from Yale and the University of Washington determined that residents who lived within a kilometer of a fracking well had up to twice the number of health problems as those living at least two kilometers away...

Your cosmetic products may contain asbestos!

November 03, 2014 @ 11:17 AM — by Jim Pettit
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Thousands of consumer products contain that fine powder called talc. In a recent study, scientists from three different laboratories discuss the fact that talc mines can be contaminated with the deadly mineral, asbestos. Doctors, researchers and lawyers representing plaintiffs have looked at patients with mesothelioma (a rare, fatal form of cancer caused by asbestos) and have sometimes struggled to find the source of the asbestos exposure that caused the mesothelioma, a cancer caused only by asbestos. If, for example, a woman diagnosed with mesothelioma never worked near asbestos, nor did her husband, it can sometimes be difficult to ascertain the source of the asbestos exposure. The existence of asbestos in baby powder, women's cosmetic products, men's barbershop powder,  and other products is a serious health concern.

Actos Defendant has found some of its missing documents

October 20, 2014 @ 12:25 PM — by Jim Pettit
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The defendant manufacturer in the Actos litigation, Takeda Pharmaceutical, has very recently advised the federal court in Louisiana that it has now found over 61,000 e-mails and attachments consisting of more than 330,000 pages. Takeda had previously been sanctioned by the court for spoliation of documents for 46 of its custodians of records. Indeed, attorneys for plaintiffs have been permitted by the court to tell the jury about Takeda's spoliation of this evidence. Locks Law Firm LLC represents patients who took Actos for their Type-2 diabetes and who subsequently developed bladder cancer.  Those cases were filed in federal court in New Jersey and were transferred to the federal multi-district litigation ("MDL") and so are being managed by Judge Rebecca Doherty in the Western District of Louisiana. If you or a loved one developed bladder cancer after using Actos, please contact Locks Law Firm today.  Our Pennsylvania, New Jersey and New York attorneys c

So-called tort reform does not decrease costs or reduce testing ordered by doctors

October 16, 2014 @ 04:47 PM — by Jim Pettit
The forces behind so-called tort reform (more accurately named tort deform) argue that tort reform legislation will save consumers money because doctors will not have to perform what is erroneously called 'defensive medicine" (that is, ordering tests so the doctor does not get sued). A study presented in the prestigious New England Journal of Medicine (October 16, 2014) shows that in three (3) so-called tort reform states, emergency room doctors basically ordered the same tests as before. There was no reduction in costs. Another inference one could reasonably draw from this study is that most doctors probably do not indulge in so-called "defensive medicine" in order not to be sued,  but rather most doctors probably order testing for the benefit of their patients.

Actos Verdict for Plaintiff

October 08, 2014 @ 10:49 AM — by Jim Pettit
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A jury in Philadelphia found defendant, Takeda, liable for over $2 million for failing to warn that its drug, Actos, can cause bladder cancer, and for causing a 79-year-old woman's bladder cancer. During the three-week-plus trial,  Takeda had argued that smoking or other causes were to blame. There have now been seven (7) trials involving claims that Actos caused bladder cancer. The largest verdict, $9 billion earlier this year, is being appealed by Takeda. Two verdicts in favor of plaintiffs (California and Maryland) which combined totalled $8.2 million, were overturned by the trial judge. Three verdicts (two in Las Vegas and one in Illinois) were defense verdicts in favor of Takeda. Evidence shows that Takeda officials destroyed documents about Actos. Actos is a Type-2 diabetes drug which  has generated over $16 billion in sales since it was released in 1999. 

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