News & Media - Gerling Law

Mar 2, 2021 | By Gayle Gerling Pettinga | Read Time: < 1 minute | Defective Consumer Devices

Court Rules That Plaintiffs’ Cases Against 3M Can Proceed

September 3, 2020 – The recent denial of 3M Company’s attempt to have the courts dismiss litigation from 150,000 veterans suffering hearing loss or tinnitus from faulty earplugs means one of the country’s largest multi-district cases is moving closer to settlement or trial. “It doesn’t mean the plaintiffs win, but it means they can pursue their state tort claims,” said Michael Green, a torts professor and scholar at Wake Forest University School of Law in North Carolina. This is just the latest step in a lengthy dispute between 3M and the government, as well as individuals, stemming from a 2016 whistleblower suit brought by a 3M competitor. It alleged that earplugs manufactured by Aearo Technologies, which 3M acquired in 2008, were faulty and led to hearing impairments for American troops serving in Afghanistan and Iraq between 2003 and 2015. Reference: Smith, Katherine Snow, 3 September 2020, Thousands of Veterans Suing Over 3M Earplugs are Closer to Resolution, accessed 20 October 2020 https://www.legalexaminer.news/health/thousands-of-veterans-suing-over-3m-earplugs-are-closer-to-resolution Thayer, Rose L., 29 April 2020, Judge Unseals Hundreds of Pages of Documents in Veterans’ Lawsuit Against 3M Over Earplugs, accessed 20 October 2020 https://www.stripes.com/news/veterans/judge-unseals-hundreds-of-pages-of-documents-in-veterans-lawsuit-against-3m-over-earplugs-1.627827

Feb 12, 2021 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Car Accident

Can I Get Compensation for Pain and Suffering? (From a Serious Accident)

If you sustained injuries in a serious accident due to someone else’s negligence, you could have the legal right to bring a claim for your damages. Depending on your accident circumstances, you could receive money for your injuries, property damage, lost wages, and pain and suffering. Compensation for pain and suffering is often a large part of your injury claim, and it’s dependent on the type and severity of your injuries. To learn more about filing a pain and suffering injury lawsuit, contact the skilled personal injury lawyers at Gerling Law. What Are Pain and Suffering Damages? If you are making a claim for pain and suffering, you’re demanding compensation for the physical and emotional pain that you endured because of the accident. If not for the person who caused your injuries, you would not be in the pain you are. Pain and suffering damages fall under what’s known as general or non-economic damages. That means there is no specific number that relates to your pain and suffering from a car accident. General damages are subjective, and you will likely think your pain and suffering is worth far more than the insurance company does. Calculating Your Pain and Suffering Compensation To reach a value for pain and suffering, you must look at a variety of factors. Please don’t rely on settlement calculators you find online as they are not going to give you accurate results. These calculators do not consider everything that a judge, jury, or insurance company will look at when they determine an amount. No two claims are exactly alike, which is why there’s no average settlement amount for car accident claims either. Someone who suffered only minor injuries will not receive the same pain and suffering compensation as someone who is permanently disabled after the collision. Here are some examples of questions that insurance adjusters, juries, and judges consider when determining a dollar amount for your accident pain and suffering: What type of impact did the accident have on the plaintiff’s life? Did the plaintiff lose a lot of time off work? What types of injuries did the plaintiff sustain in the accident? How long did the plaintiff’s injuries last? What types of medical treatments did the plaintiff have? Will the plaintiff require additional medical treatment? Can the plaintiff return to work? Did the plaintiff sustain any permanent impairment? What is the usual physical and mental pain that people typically experience with these injuries? What is the plaintiff’s prognosis? When it comes to calculating pain and suffering, some insurance companies and juries might use one of two methods. The first is known as the multiplier method. You multiple your economic damages by a number between 1.5 and 5, depending on the severity of your injuries. For example, if your medical bills and loss of earnings total 30,000 and you use a multiplier of three, then your pain and suffering is worth $90,000. The second option is the per diem method. This option assigns a specific value to every day that you were injured. The cut-off date is when you reached your MMI, or maximum medical improvement. Proving Pain and Suffering in a Serious Accident Before you can successfully collect any compensation for your pain and suffering, you must provide evidence showing why you deserve the amount you’re asking for in your claim. Always document all your medical visits, and see a therapist about any emotional turmoil after the accident. When you’re submitting copies of your records, include the opinion of your medical health professionals too. You should have information from all your providers on your injuries and how severely you’re injured. The reports should talk about how your injuries will impact your life and what you are going through pain wise. In some cases, it may be necessary to hire a medical expert. This person is a neutral third party who will confirm the reports and evidence submitted by your medical doctors. Some accident victims start a journal after the accident. It can be therapeutic, but it can also help your case. You can describe your daily life: How did the accident change your life? How did it impact your ability to take care of daily tasks, etc. Describe your pain, using a pain scale. Your case may not go to litigation for one or two years; having that information written down can help jog your memory and provide valuable evidence on how drastically the accident affected your life. Contact Our Experienced Personal Injury Lawyers Today If you were seriously injured in an accident caused by someone else’s negligence, you deserve to be compensated for your damages, including pain and suffering. However, pursuing a claim can be complicated, especially when your injuries are severe. Don’t let the insurance company take advantage of you and offer you less than your case is worth. Instead, let one of our seasoned personal injury lawyers fight for the compensation you deserve. At Gerling Law, we have decades of experience representing injured victims just like you in Indiana, Kentucky and Illinois. We have a proven record of success and have recovered hundreds of millions of dollars on behalf of our clients. Contact our office today to learn more about how we can help. Remember, Go with Experience. Go with Gerling®.

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Personal Injury

What Is the Average Personal Injury Settlement Amount?

If you or a loved one sustained injuries in a personal injury accident that wasn’t your fault, you deserve justice and fair compensation for your damages. You probably also are curious about what your case value might be worth. Getting a fair settlement is important for two primary reasons: You deserve justice for your injuries and other damages, and you need the financial resources to get comprehensive medical treatment and pay your bills. Clients often ask us how they can determine what a fair settlement might be for their case and what the average personal injury claim value is in the tri-state area. The experienced personal injury lawyers of Gerling Law assist wrongfully injured clients in Indiana, Kentucky, and Illinois. Our knowledgeable team provides compassionate assistance for our clients while fighting tirelessly to get you the outcome you deserve. Contact us today to schedule a free case evaluation. We can tell you more about what the average personal injury settlement amount includes—and how this might affect your claim. Is There an Average Personal Injury Accident Settlement Amount? You face a variety of unique challenges when you fall victim to a personal injury. Whether your injuries were minor or you face a long road back to recovery, you have many challenges ahead. The factors that make you and your injuries unique also make it virtually impossible to identify an average personal injury claim value. Our experienced attorneys help accident victims throughout the tri-state area. We know from experience that it is not realistic to even attempt to identify an average injury claim value in Illinois, Kentucky, or Indiana. We evaluate your claim based on the unique details and circumstances of your case. We provide you with individualized service and answers because we understand that no one-size-fits-all approach is ever practical or fair to you. Are Injury Accident Claim Value Calculators Helpful? Be wary of any online accident settlement calculators or any other resource that claims to provide an accurate estimate of your claim’s potential value. Even the most experienced injury accident lawyers need all the details of your case to determine its potential value. In many cases, online calculators are designed to gather your information so an attorney can reach out to you directly. You might be able to obtain general information about what may or may not be included in an injury claim. However, getting real answers will virtually always require a more detailed analysis of your case, conducted by a knowledgeable legal professional. How Will My Personal Injury Settlement Value Be Calculated? Personal injury attorneys calculate the value of any personal injury claim by first identifying all the economic and non-economic damages you suffered. Calculating economic damages—which might include the cost of your medical treatment, any lost wages, etc.—is a fairly straightforward process. Documenting these types of damages is also relatively simple, using copies of medical bills, income statements, and other documentation of this nature. Non-economic damages, which include emotional trauma, pain and suffering, etc. present more of a challenge. These types of damages are more subjective and not as easy to document. This is why it’s critical to have an experienced attorney on your side. If your injuries affect your ability to work or to resume your prior job duties, your attorney may recommend pursuing damages of lost income capacity as well as future lost income, benefits, and opportunities. If you suffered any permanent damage, scarring, etc., your attorney may also want to include those damages as a part of your overall claim value. As you can see, determining the value of your injury accident claim requires research and an in-depth knowledge of this complex area of the law. What Factors Could Affect the Value of My Personal Injury Settlement? One of the most important factors that attorneys consider in determining the value of a personal injury claim is the nature of the victim’s injuries and how those injuries will affect the victim in the future. Another factor that could affect your claim is how you sustained your injuries. If you were hit by a drunk driver, for example, or if you suffered injuries due to the wrongful actions of a semi-truck driver, your attorney may be able to gather a variety of evidence and build a persuasive case on your behalf. In most cases, personal injury lawyers can negotiate a fair settlement with the at-fault party’s insurance company. This provides several advantages over going to court. Your case gets resolved at the earliest possible time without the cost and hassle of a trial. Whether your attorney negotiates a settlement or prevails in court, you won’t have to pay any legal fees up front—so you don’t have to worry about out-of-pocket costs. If you do go to court, however, most attorneys have a higher fee percentage than they do for settling. This can also affect your ultimate award. Once you talk with an experienced attorney, you can get the details on all of these factors and more and get a realistic estimate of how much you could collect for your personal injury settlement amount. Contact the Experienced Personal Injury Lawyers at Gerling Law Now At Gerling Law, our experienced attorneys focus on the unique details of your case. When you choose us to assist you, you won’t have to face this challenging situation alone. Take a moment to browse our past case results, and you will see how committed we are to getting the job done for you. We do everything in our power to get the best possible outcome for your case. Contact us today to learn more about how we can assist you with injuries sustained in a car accident, truck accident, medical malpractice case, construction accident, or any other type of personal injury accident. We look forward to answering your questions and helping determine the possible value of your personal injury settlement.

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Car Accident

Injuries in 18-Wheeler Accidents vs. Car Accidents

If you suffered injuries in a car accident with an 18-wheeler, you could be facing some difficult challenges. The harsh and intense nature of trucking accidents often leaves victims with severe or life-threatening injuries and permanent or long-lasting damage. Your road to recovery could be long, painful, and expensive, especially if you need extensive treatment and time away from work. If the accident wasn’t your fault, you could be entitled to pursue a legal claim for your damages. However, this area of the law is complex and can be especially difficult to navigate on your own. Having an experienced 18-wheeler accident attorney on your side can be invaluable. In Kentucky, Indiana, and Illinois, the experienced truck accident lawyers at Gerling Law understand what you are going through. We can help you with every facet of the legal claims process, fighting to get you the compensation you deserve for your injuries, lost wages, and other damages. What Makes an 18-Wheeler Accident Worse Than a Car Crash? Any large, commercial vehicle can be difficult to maneuver or stop in an emergency. The size and weight of commercial trucks, including semi-trucks, tractor-trailers, and 18-wheelers, often cause significant damage and injuries to drivers and passengers of personal vehicles. In addition to the increased risk of injury and damage, trucking accidents can be more difficult to document for a legal claim. Getting an attorney on board as soon as possible can go a long way toward leveling the playing field for accident victims. Trucking companies face significant penalties and legal liability in the case of an accident. Consequently, getting to the scene and gathering evidence should begin immediately to ensure the preservation of evidence. In the case of a car crash, you typically only have to deal with another driver and their insurance company. In an 18-wheeler accident, you must deal with the driver, the trucking company, and possibly multiple other parties. Any involved insurance companies will act quickly and aggressively to minimize both legal and financial liability. The insurance company may try to negotiate a small settlement with you immediately, hoping to keep your claim as small as possible. They may also look for any potential reason to deny your claim or minimize your damages. Common Causes of Car Accidents with 18-Wheelers In the tri-state area, semi-truck accidents occur frequently when truck drivers are negligent or commit wrongful actions. Some of the most common types of driver actions that lead to crashes include the following: Speeding, Impaired driving, Fatigued driving, Distracted driving, Reckless driving, Tailgating, Illegal lane changes, and Failure to yield. Truckers also may fail to notice your vehicle and back or turn their truck into your car unexpectedly. Inexperienced drivers and those without appropriate training may be more prone to causing injury accidents. In some cases, 18-wheeler crashes occur due to equipment failure or improperly maintained equipment. In other cases, poorly marked or maintained roadways, road construction, or roadway obstructions can lead to these serious motor vehicle collisions. Whatever the cause of your crash might have been, an experienced lawyer can work to get you the compensation you deserve for your damages. What Should You Do After Getting into an Accident with an 18-Wheeler? Immediately after a collision, get to a safe place and call 911. Seek medical attention for yourself and any passengers. If you can do so safely, gather information about the truck and the driver and collect contact information from any witnesses. Take photos of the vehicles and the accident scene, if possible. Going to the emergency room or hospital is imperative to ensure you get the treatment you need in a timely manner. You will also need the resulting medical records to help support your legal claim. Do not provide any statement to the insurance company before talking to an attorney. Anything you say to the insurance company could be used to deny your claim. Most truck accident lawyers—including those at Gerling Law—offer a free consultation. We have options for teleconferences as well as video conferences, so you can get the legal assistance you need right away. What About Accidents with Other Types of Commercial Trucks? These words of wisdom apply to any accident with a semi-truck, tractor trailer rig, or 18-wheeler, as well as dump trucks, cement mixers, flatbed trucks, moving vans, etc. If you are involved in an accident with a truck owned by a government agency—such as a city, township, county, state, etc., you may be subject to a different set of rules, depending on where the accident took place. You may have to file your claim more quickly than you otherwise would as well, based on the statute of limitations and tort claim notice statute in that state. Having an attorney on your side is one of the best ways to ensure that you don’t compromise your legal right to pursue a damage claim or civil lawsuit. Should I Hire a Truck Accident Lawyer? Although you have no legal obligation to get a lawyer, an experienced attorney can provide substantial advantages versus trying to pursue a claim on your own. Trucking companies need to avoid liability claims as much as possible, otherwise they face expensive insurance rate increases. They could also face sanctions from governmental agencies that oversee the transportation industry. You can plan on facing down a legal team that understands the law and how to minimize or deny injury accident claims. With an experienced attorney on your side, you can level the playing field. You need financial resources to pay for your medical care. If your injuries prevent you from working, you may also need serious help paying for your household and living expenses. Your attorney can investigate the crash, gather evidence, and build the most persuasive case possible. In most cases, your attorney can negotiate a fair financial settlement with the insurance company. This gets you the funds you need while helping you avoid the hassle and time necessary for going to court. Throughout the process, your attorney will handle everything,...

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: < 1 minute | Defective Consumer Devices

Zoom Webinar Motion Hearing In re Roundup Products Liability Litigation MDL No. 2741

March 3, 2021 — The Court will hold a Zoom webinar hearing on Plaintiffs’ Co-Lead Counsel’s Motion to Supplement Pre-Trial Order 12: Common Benefit Fund Order to Establish a Hold Back Percentage. This proceeding will be held via a Zoom webinar and interested members of the public and media may access the webinar information at: https://www.cand.uscourts.gov/vc Reference: “Chhabria, Vince [VC].” United States District Court, Northern District of California, 17 Nov. 2020, www.cand.uscourts.gov/judges/chhabria-vince-vc/

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: 5 minutes | Car Accident

Examples of Wrongful Death Cases

Losing a loved one is a difficult thing for anybody. Losing a loved one due to someone else’s negligence can be even harder. Lives are cut short every day for many reasons, but losing a loved one in an accident caused by someone else’s negligent actions is especially tragic. When such an event happens, the family of the person who died is entitled to compensation. Wrongful death suits occur when someone who has lost a loved one due to someone else’s negligence files a claim against the individual responsible for the death. In 2019 more than 170,000 people lost their lives in the US from accidents or unintentional injuries. In fact, such accidents are the third leading cause of death in the US. While accidents happen in an almost infinite number of different ways, some wrongful death causes are more common than others. Here are some examples of wrongful death causes. Car Accidents There is no way to ignore the fact that driving a vehicle can be dangerous. While many of us may go years without getting into a car accident, others are not so lucky. Many wrongful death lawsuit cases happen each year after fatal car accidents. Generally, if a driver’s negligent actions cause a death on the road, they are liable for the wrongful death. The number of car accident fatalities each year may surprise you. More than 38,000 people die in car accidents each year. In 2020, while there was less traffic volume than normal due to the COVID-19 pandemic, the number of vehicle fatalities rose. Some experts say that the increase in fatalities was due, in part, to increased rates of speeding in the US. If a loved one dies after a car accident that someone else negligently causes, you are entitled to compensation through a wrongful death claim. Some of the most common causes of death after car accidents stem from things like: Brain injuries, Neck injuries, and Internal bleeding. The two best things you and your loved ones can do to avoid suffering a fatal injury in a car accident are wearing your seatbelt and avoiding distractions while driving. Defective Products Defective products lead to numerous wrongful death claims each year. Most consumer products producers are responsible for ensuring consumer safety as long as their products are used as intended. Some products are inherently dangerous, but other times, a consumer product can have a fatal defect. For example, a cooking utensil that leaches deadly chemicals into food as it is used as intended can lead to a wrongful death claim against a manufacturer. Similarly, a safety feature in a vehicle that doesn’t work properly, like a seatbelt that comes unbuckled easily in an accident, can easily cause fatal injuries and leave the manufacturer liable for wrongful death claims. Even an inherently dangerous consumer product, such as a gun, comes with an assumption of safety with proper use. A defective part in a gun that causes a chambered round to go off without the user pulling the trigger can easily lead to a wrongful death claim. When a manufacturer of goods is made aware of a dangerous defect in their product, they are responsible for notifying the public of that defect and recalling any defective products. They are also responsible for replacing those products free of charge. Boeing became responsible for numerous wrongful death claims after a design flaw caused some of their 737 Max commercial aircraft to crash in 2018. Since then, in addition to settling wrongful death claims, Boeing has recalled and replaced all of the affected 737 Max airplanes. If you want to keep track of any consumer product recalls to help ensure your safety, the US Consumer Product Safety Commission (CPSC) is the best place to do so. The CPSC website contains a database of all consumer product recalls. You can even subscribe to the CPSC to get a newsletter of product recalls relevant to you. Workplace Accidents Unfortunately, many accidents happen in the workplace. While all employers must provide their employees with a safe workspace, some employers fail to do so. Even an employer who takes all necessary precautions can have a fatal accident occur at their workplace. In addition, some jobs and workspaces are more dangerous than others. For example, a construction site will typically be more dangerous than an average office. While the vast majority of workplace injuries are nonfatal each year, the number of fatal injuries is still significant. Employers in the US reported 2.8 million nonfatal injuries in 2019. During the same period, however, a total of 5,333 workers died due to workplace injuries. If a loved one dies after a workplace accident, you can file a claim through their employer’s workers’ compensation program. Most employers in the US are required to maintain workers’ compensation insurance. However, if a loved one dies due to negligence by someone other than their employer or coworker, or if the employer did not carry workers’ compensation insurance, you may be able to seek additional compensation through a wrongful death claim. Medical Malpractice Medical malpractice commonly gives rise to wrongful death claims. Medical malpractice is estimated to take roughly 250,000 lives each year. Generally speaking, medical malpractice occurs when an error in medical treatment leads to injury. If the patient dies due to a medical error, their loved ones are entitled to compensation through a medical malpractice wrongful death claim. To file a successful wrongful death claim based on medical malpractice, one must prove that the death was caused by a medical provider’s mistake that amounts to a violation of the medical standard of care. Pedestrian Accidents Another common source of wrongful death claims is pedestrian accidents. Unlike when a car strikes another vehicle, when a car strikes a pedestrian, the pedestrian does not have the protection that a vehicle offers. Thus, a pedestrian receives the full force of impact when a car strikes them. As a result, it is not uncommon for injuries to a pedestrian after being struck by...

Feb 10, 2021 | By Gayle Gerling Pettinga | Read Time: 6 minutes | Social Security Disability

Social Security Disability Requirements You Must Consider

If you are an individual living with a disability, both the Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs can provide you with critical financial assistance while you are unable to work. Unfortunately, Social Security disability requirements are complex and often confusing to understand. As a result, many applicants who legitimately qualify for benefits get their claims denied. You have the right to appeal a denial of benefits in most cases. However, you could fight for months or years only to receive additional denials. The Social Security disability attorneys at Gerling Law understand these challenges, and we are prepared to fight to get you the benefits you deserve. We can help you understand the Social Security disability criteria, the application process, and how to proceed if your claim was already denied. Understanding the Social Security Disability Claims Process To apply for SSDI or SSI, you must follow the process required by the Social Security Administration (SSA), using the forms and format that the agency requires. If you deviate from the process in any way, the SSA may automatically deny your claim. Your application must include all required documentation and medical records. Most important, your application must clearly represent how your condition affects your ability to work. Once you complete your application and submit it to the SSA, the agency will put it into the queue for evaluation by a reviewer. Reviewer comments are typically returned within approximately three to six months. If the SSA approves your application, your benefits could begin in as little as four weeks. If the SSA denies your application, however, you have a limited amount of time—typically 60 days—to submit a request for reconsideration, or RFR. Do You Qualify for Social Security Disability Benefits? The criteria for determining whether you qualify for Social Security Disability benefits depends on which type of benefits you plan to apply for. Each type of disability benefits requires a unique criteria for qualification. Social Security Disability Insurance (SSDI) SSDI benefits are specifically for disabled workers, adult children with disabilities, disabled widows or widowers of qualified benefits recipients, and divorced spouses with disabilities. To qualify for SSDI, you (or the qualified party) must have had a job for a long enough period and paid the required amount of Federal Insurance Contributions Act (FICA) taxes to become fully insured by the SSA. Supplemental Security Income (SSI) Impoverished senior adults and disabled persons who have not worked long enough or paid enough FICA taxes to qualify for SSDI may qualify for SSI, provided they meet the stated guidelines for income and assets. Finally, you must have an accepted condition that prevents you from functioning sufficiently to fulfill work duties. What Conditions Does Social Security Consider as Disability? If you suffer from a mental or physical impairment that prevents you from performing your job duties, the SSA may deem you as having a qualifying disability. Any disability condition must qualify as either life-threatening or of sufficient severity to prevent the applicant from working for one year or longer. If your condition is already included in the official SSA list of acceptable conditions (a document known as the Listing of Impairments, more commonly referred to as the SSA Blue Book), the application process may be easier. However, if you have a condition that is not included in the Blue Book, you can still qualify for benefits. The only difference is that your application must document the condition sufficiently, specifically in the way it prevents you from working. Documenting your condition is one of the most critical aspects of a successful benefits claim. Providing too little documentation can lead to a denial of your application. Providing too much documentation can also interfere with getting claim approval. For this reason, it is critical to have both an attorney and a medical provider who understand the process and what the SSA needs to approve your claim. In most cases, a formal medical assessment known as a residual functional capacity (RFC) assessment will form the basis of your claim. The medical professional who administers this assessment must be appropriately qualified under the SSA’s criteria. If you have your RFC performed by a doctor or another medical treatment professional who doesn’t know how to conduct or document your RFC assessment, or if the doctor is not qualified to perform the assessment, it could lead to a denial of your claim. Does Mental Illness Qualify for Social Security Disability? You may be entitled to receive SSDI benefits if mental illness affects your ability to work. Just as with a physical condition, any qualifying mental illness must prevent you from working for at least a year. The condition must also prevent you from being successfully trained to work in another position or in another capacity. Your functional assessment must be performed and documented by a qualified psychiatrist, psychologist, or other accepted treatment professional. Some of the most common types of mental illness that could qualify for SSDI include dementia, anxiety, depression, schizophrenia, bipolar disorder, and a variety of other personality and affective disorders. What If Your Social Security Disability Claim Was Denied? The SSA commonly denies initial disability claim applications. The good news is that if you receive a denial, it doesn’t automatically mean you don’t qualify for or won’t get your benefits. If you do receive a denial, you have only 60 days to request a formal review. If you don’t request a reconsideration within this period, you will have to submit a new application and restart the process. Once the SSA receives your formal request for review, it will assign a new reviewer to your case. Once this occurs, the process for review typically takes three to four months before the reviewer issues a decision. If you receive a second denial, you can request a formal hearing for your claim. However, you must submit your request within 60 days. A formal hearing could take up to two years to take place. An administrative law judge (ALJ) oversees the...

Jan 28, 2021 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Defective Consumer Devices

Widow Sues Monsanto For Husband’s Cancer

January 28, 2021 — Pamela Smith v. Monsanto Company — A Nebraska woman has sued Monsanto Co. in Oklahoma federal court on January 27, 2021, alleging that it caused her husband’s death from cancer as a result of manufacturing the herbicide Roundup, which contains the active ingredient glyphosate. She is arguing that it has known for decades that it falsely advertises the safety of Roundup. Smith is asserting claims for design defect, strict liability for failure to warn, negligence, breach of express warranty, breach of implied warranties, and loss of consortium. Smith is further asserting that the U.S. Environmental Protection Agency (EPA) initially classified glyphosate as possibly carcinogenic to humans in 1985. But, then it allegedly succumbed to urging from Monsanto to change the classification to “evidence of non-carcinogenicity in humans” in 1991. Additionally, Smith is alleging that the EPA found that the labs which Monsanto hired to test Roundup’s toxicity for registration purposes committed fraud. Smith asserts that neither she nor her husband had a reasonable way of knowing about the risk of serious illness associated with the use of, or exposure to, Roundup until the International Agency for Research on Cancer made a formal assessment of glyphosate in 2015. Monsanto, however, was under a continuous duty to disclose to consumers, users, and other persons coming into contact with its products, including her husband, accurate safety information concerning its products and the risks associated with the use of and/or exposure to Roundup and glyphosate. She accuses Monsanto of knowingly, affirmatively, and actively concealing safety information concerning Roundup and glyphosate and the risks associated with the use of and/or exposure to its products. She claims that as a proximate result of Monsanto’s wrongful acts and omissions in placing its defective Roundup products into the stream of commerce without adequate warnings of the hazardous and carcinogenic nature of glyphosate, and in breach of its warranties, negligence, and strict liability, she and her husband suffered injuries. Reference: Lexis Legal News, “Widow Sues Monsanto For Husband’s Cancer, Death From Exposure To Glyphosate”, 28 Jan 2021, https://www.lexislegalnews.com/articles/58689/widow-sues-monsanto-for-husband-s-cancer-death-from-exposure-to-glyphosate

Jan 26, 2021 | By Gayle Gerling Pettinga | Read Time: < 1 minute | Defective Consumer Devices

JPMDL Sends More Glyphosate Cancer Cases To Roundup MDL

January 26, 2021 — In re: Roundup Products Liability Litigation, MDL No. 2741, N.D. Calif. — The Judicial Panel on Multidistrict Litigation (JPMDL) on January 22, 2021 transferred six additional glyphosate cancer cases to the In re Roundup Products Liability Litigation MDL pending in California federal court. All of the plaintiffs contend that exposure to glyphosate, the active ingredient in the herbicide Roundup, caused them to develop various types of cancer such as non-Hodgkin’s lymphoma (NHL) and chronic myeloid lymphoma (CML). Reference: “In Re: Roundup Products Liability Litigation (MDL No. 2741).” United States District Court, Northern District of California, 9 Sept. 2020, www.cand.uscourts.gov/judges/chhabria-vince-vc/in-re-roundup-products-liability-litigation-mdl-no-2741/

Jan 19, 2021 | By Gayle Gerling Pettinga | Read Time: 2 minutes | Dangerous Drugs

Increasing Number of Veterans Filing Zantac Lawsuits

January 19, 2021 — Veterans are increasingly filing Zantac lawsuits claiming the drug has caused cancer. The lawsuits allege that the manufacturers knew the active ingredient in Zantac, ranitidine could form a toxic chemical called N-Nitrosodimethylamine (NDMA) inside the human stomach, but kept this information from the public. NDMA is known to cause cancer in animals and may cause cancer in humans. Zantac has been available by prescription and over-the-counter, and it’s been available in the United States since the early 1980s. It treats several disorders caused by too much stomach acid. The U.S. Food and Drug Administration had asked all manufacturers to withdraw Zantac and all ranitidine products from the U.S. market in April 2020 because the drug could expose people to unacceptable levels of NDMA. After the FDA announced the market withdrawal, the Defense Health Agency (DHA) told military health beneficiaries to stop taking Zantac (ranitidine) and look for an alternative stomach acid-reducing medication. Veterans are more likely to suffer gastrointestinal problems such as such as heartburn, indigestion, acid reflux, gastroesophageal reflux disorder (GERD) and irritable bowel syndrome, and they are more likely to take gastrointestinal medications. For example, some studies show that veterans with post-traumatic stress disorder (PTSD) often have GERD, acid reflux and irritable bowel syndrome (IBS), according to Dr. Jaimie L. Gradus of the National Center for PTSD, VA Boston Healthcare System and colleagues published in Epidemiology. Drugs for GI problems include proton pump inhibitors (PPIs) such as Nexium and Prilosec or H2 blockers such as Zantac. The VA’s blog said that one in six veterans uses PPIs to ease heartburn or acid reflux. They are among the most prescribed medications in the VA. Lawyers who accept these cases say their veteran clients have been diagnosed with a variety of cancers after using Zantac. Their doctors told them that they had no family history or genetic risks for the disease and that the cause was most likely from an environmental exposure such as Zantac. Many of the veterans who filed Zantac cancer lawsuits took Zantac that had been prescribed at the VA. Cancers potentially linked to Zantac include: Bladder cancer and bladder removal Breast cancer Colon cancer Esophageal cancer Kidney cancer and kidney removal Liver cancer Melanoma Ovarian cancer Prostate cancer Stomach cancer Reference: Turner, T., Veterans Increasingly Filing Zantac Lawsuits. Retrieved November 19, 2020, https://www.consumernotice.org/news/veterans-filing-zantac-lawsuits/