Articles Posted in Class Action

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A hernia exists when there is a hole or an overall weak area in the muscular wall that typically maintains organs located in the abdominal region in their place. In many instances, individuals will produce a noticeable bulge as a result of the push through the hole or overall weak area. For some individuals, their hernia may be painless, for others it may cause serious pain or overall discomfort and as a result must take the necessary actions to help alleviate their ultimate suffering.

Typically, an individual will have a hernia located in upper stomach, groin, belly button, high in the thigh or near a past surgical scar/incision. Those diagnosed with a hernia frequently have pain in the area, which can be found in the form of pressure or heaviness on the affected area or a burning or aching responsiveness at the affected area.

The most common leading causes of a hernia include, but are not limited to:

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Recently, a federal court has unsealed documents that cast a dark shadow on the research and safety practices of the chemical company Monsanto. Monsanto’s primary product is Roundup, which is currently being used from large farms to everyday home gardens across the world in order to help kill weeds.

For many years, the use of this product was thought to be moderately safe. Although, recent events in federal court have led the court to the findings of an international panel that claimed the use of the weed killer Roundup, due to its key ingredient glyphosate, may be linked to causing cancer.

The documents were unsealed by Judge Vince Chhabria. He is presiding over a current matter in court where an individual has claimed that their exposure to glyphosate caused the development of their non-Hodgkin’s lymphoma.

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Xarelto (rivaroxaban) is commonly marketed in the United States as a blood-thinner generally prescribed to combat blood clots. Although, the serious nature of the side effects caused by Xarelto are leading to a staggering number of lawsuits.

Current and former users and their families are claiming that the risks and side effects of Xarelto were not made clear when they were prescribed the drug. Also, those who have used Xarelto are alleging that they were not properly warned about the negative effects of Xarelto prior to their usage of the drug.

Those bringing suit found that the drug caused them to suffer from harmful side effect(s) due to their consumption of the drug. Xarelto side effects may include, but are not limited to:

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Biloxi, Mississippi was the scene of a gruesome collision between a charter bus and a CSX freight train on the morning of March 7. As a result of this accident, four individuals passed away during the collision, as confirmed by the local coroner’s office. Additionally, more than 35 passengers were injured and were hospitalized as a result of their injuries.

The total number of passengers on the character bus, during the collision, was around 50. The majority of the passengers were elderly individuals from Bastrop Senior Center, located near Austin, Texas. It has been reported that the charter bus was heading towards the Boomtown Casino as a part of their casino charter trip.

Biloxi Police Chief John Miller addressed this matter at a press conference. Miller explained the crash as a “terrible, chaotic scene.” He was also quick to add that the Biloxi police department was doing all that it could in order to assist those passengers of the bus.

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On Friday, a St. Louis jury chose to reject a woman’s claim that Johnson & Johnson baby powder played a role in her cancer diagnosis.

Nora Daniels, a 55-year-old woman from Tennessee, brought the unsuccessful claim against Johnson & Johnson. Daniels based her claim against the company around her usage of Johnson & Johnson baby powder from 1978 to 2013 in alleged connection with her cancer. Daniels stopped using the Johnson & Johnson powder product in 2013 when she was diagnosed with both ovarian and uterine cancer. As part of her treatment, she underwent a hysterectomy and was forced to have her ovaries and fallopian tubes removed. Also, Daniels made a claim that Johnson & Johnson refused to warm the public of the potential link between their product and major health concerns.

Before Friday’s decision, Johnson & Johnson had lost the previous three lawsuits brought against the company for similar types of claims regarding their talc powder products. The previous three decisions, also made by Missouri juries, awarded an overall amount just under $200 million. Last year, in those three previous judgments, plaintiffs and plaintiff’s families were awarded $55 million, $70 million and $72 million.

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According to a Washington University research study, published recently in the medical journal of neurology, the current safety standards in place for welders may be cause for major health concern. The present safety standards spotlight the inadequate safety measurements currently in place to protect welders from the harmful fumes that they encounter on a daily basis.

The published study observed the long-term effects of airborne manganese on welders with its connection to symptoms that are correlated with parkinsonism. The results amplified over the welder’s lifetime due to their corresponding individual exposure level. Welders frequently encounter instances when manganese may found in base metal and the welding rod therefore it may be airborne, then inhaled by the welders. When exposed to high levels of manganese, it has been found that similar neurological problems found in Parkinson’s disease can be found in those individuals. The problems may include but are not limited to:

  • Movement abnormalities
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It has been announced that Amtrak has agreed to a pay out in a one of the largest railroad crash settlements in the history of the United States, in the amount of $265 million. The payout is the result of a court order recently issued on the claims that related to the high-speed derailment that occurred in 2015 in Philadelphia. Tragically, that Philadelphia derailment took the lives of eight and injured more than 200 individuals.

Judge Legrome D. Davis, of the Federal District Court for the Eastern District of Pennsylvania appointed two masters in order to evaluate the claims of each of the plaintiffs. The masters were tasked with then making recommendations as to the appropriate amounts each person or estate is to be rewarded as a result of the derailment. The factors that were and will continue to be taken into account include: plaintiff’s occupation; plaintiff’s lost earnings; plaintiff’s time out of work and plaintiff’s future medical expenses among other characteristics. Ultimately, the judge has the final approval and can modify any amount as is necessary.

The exact amount of total plaintiffs named to this claim is currently unavailable, but it is known that it exceeds 100 individuals and estates. This means that if the total damages exceeds the the court ordered capped amount of $265 million then each of the plaintiff’s claim will be decreased proportionality and if the total damages amounts to less than the $265 million, then the opposite will occur proportionality under the court order.

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A Missouri jury concluded that Deborah Giannecchini’s use of Johnson & Johnson baby powder for more than 40 years caused her ovarian cancer.

This verdict follows verdicts of $72 million and $55 million in other cases. In all 3 cases, the plaintiff’s alleged that Johnson & Johnson knew that studies linked talc in its baby powder and Shower-to-Shower products to ovarian cancer in women. They further alleged that despite this knowledge, Johnson & Johnson continued to market the products to women and failed to put warning labels on their products.

Gloria Ristesund of Sioux Falls, SD was diagnosed in 2011 with cancer after continuous use of Johnson & Johnson feminine products that contained talc for over a 40-year span. In May of 2016, a St. Louis jury awarded her $55 million after talc was found in her ovarian tissue following her hysterectomy.

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In the United States, a leading health concern is coronary heart disease. Currently, this health concern is amounting to over 370,000 deaths per year. Individual’s with a coronary heart disease suffer from plaque, a waxy substance, buildup that can have a serious impact on an individual’s health. Subsequently, the buildup of unwanted plaque results in the narrowing of the individual’s arteries. This narrowing allows for the reduction of proper oxygen-rich blood flow to the individual’s heart. In order to combat this, individuals have options, one being to elect to have a heart stent procedure.

In today’s society there are hundreds of thousands individuals that have chosen to have a heart stent implanted due to health complications.

Heart stents, in the past, were primary made using bare-metal or mesh and are still presently an option. Although, for over a little more than a decade, drug-eluting stents have been manufactured, approved and used in the United Stated as well. Two popular types of drug-eluting stents being used currently are the Boston Scientific Taxus Stent and the Johnson & Johnson Cypher Stent. Regardless of the type, all of the heart stents are the subject of some criticism and documented complaints due to their potential risks and side effect(s).

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In the early weeks of October, passengers riding the Long Island Rail Road (L.I.R.R.) commuter train began to hear loud sounds, feel robust vibrations and see wild sparks while glancing outside their train’s window. Then an abrupt impact occurred. As a result, the passengers were confined in the blackened trains while waiting for rescue for an hour after two L.I.R.R. trains collided.

The collision resulted in injuries to at least thirty-three passengers, seriously injuring four. Of those injured, 26 were passengers and seven were employees. Additionally, close to 100 passengers were treated for minor injuries at the scene.

One of the trains involved was a single-car maintenance car and the other was a 12-car L.I.R.R. commuter train traveling eastward. The commuter train was occupied with about 600 people total at the time of the impact with the maintenance car.