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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

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| 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/

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| 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...

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| 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

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| 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/

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| Read Time: 3 minutes | Dangerous Drugs

Who Can File a Wrongful Death Lawsuit in Kentucky?

When you lose a loved one due to someone else’s actions, you may experience many emotions. Naturally, you feel grief and anger. You may also wonder how you can achieve justice for your loved one and prevent others from experiencing similar harm. At Gerling Law, we can’t take away your pain. However, we can help you pursue justice. We can help you hold the person who caused your pain accountable for their actions. Our compassionate attorneys have been representing victims and their families for decades. If you would like to speak with one of our knowledgeable lawyers, call anytime for a free consultation. When many clients initially speak with us, they’re not sure if they can sue for their loved one’s death. Here, we provide an overview of who can file a lawsuit for wrongful death and what such legal action involves. What Is a Wrongful Death Lawsuit? The goal of a wrongful death lawsuit is to compensate the surviving family for the harm they have suffered. Before considering a Kentucky wrongful death lawsuit, you should know what the term actually means. Wrongful death is the death of a person caused by the negligent or wrongful act of another. This wrongful act could be unintentional or purposeful. In other words, someone does not have to intend to kill your loved one for it to be a wrongful death. A person or company might be responsible for your loved one’s death. For instance, if a drunk driver hits your loved one, that individual should be held responsible. However, if a sober driver hit your loved one after her brakes malfunctioned, the auto manufacturer may be liable. Who Can File a Kentucky Wrongful Death Lawsuit? In Kentucky, the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit. The probate court names a personal representative based on the instructions in the deceased’s will or the preference of the judge. While the personal representative files the wrongful death lawsuit, most of the lawsuit proceeds go to the deceased’s estate and surviving family members. Funeral and burial expenses, as well as attorney fees, go to the estate. But then the remainder of the award goes to the deceased person’s surviving family members. Payment is awarded according to these rules: All to the surviving spouse if there are no surviving children; If there are a surviving spouse and surviving children, half to the spouse and half divided among the children; If there is no surviving spouse, all divided among the children; or  If there is no surviving spouse or children, all to the surviving parents. If there is no surviving spouse, children, or parents, the wrongful death award goes to the estate. After paying debts, the award will be distributed according to the deceased’s will or intestate succession rules. What Damages Are Available? A wrongful death lawsuit compensates family members for the harm they have suffered as a result of their loved one’s death. You can sue for these damages in a wrongful death case: Pain and suffering, Loss of companionship, Loss of support, Loss of care, Funeral and burial expenses, and Attorney fees. You may also be able to request punitive damages for intentional harm or gross negligence. These damages go beyond compensating your family for the harm suffered. Instead, they serve the goal of punishing the person for their wrongful actions. The State may choose to criminally prosecute the defendant, but that is a separate legal action. A criminal prosecution punishes a wrongdoer by taking away their freedom. A wrongful death lawsuit is a civil action that will not put the defendant behind bars but seeks to financially compensate your family for the death of your loved one. If you think you might have a Kentucky wrongful death claim, you should contact an experienced attorney. At Gerling Law, we have helped grieving family members with wrongful death claims in Kentucky for decades. We have the experience to get the results you deserve while showing you compassion and respect. Contact our law firm for a free consultation. You’ll have the opportunity to ask questions and get to know our knowledgeable legal team. If we think we can help you, you should know that we work on contingency. This means you owe us nothing until we win your case. Review our decades of winning cases here, and call us when you’re ready to talk. Don’t trust the fight for justice and your family’s financial future with just anyone. Remember: Go with Experience. Go with Gerling.®

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| Read Time: < 1 minute | Defective Consumer Devices

A New Roundup Settlement

January 13, 2021 — The lawyers for Jaime Alvarez Calderon, a plaintiff diagnosed with non-Hodgkin’s lymphoma following his use of glyphosate-based herbicides, agreed to a settlement offered by Bayer.  The Alvarez family lawyer, David Diamond, announced in a hearing on January 13, 2021, that the settlement would close out the case.  The settlement came after Judge Chhabria had denied summary judgment in favor of Monsanto, allowing the case to move closer to a trial.   Alvarez had worked at the Sutter Home group of wineries for 33 years using a backpack sprayer to apply glyphosate-based herbicides to their landscaping.  Diamond reported that Alvarez would come home drenched with the weed killer due to leaks in the equipment and any herbicide that flew up at him.  His non-Hodgkin’s lymphoma diagnosis occurred in 2014, and he tragically passed away from his cancer in 2019 at the age of 65.  The settlement will go to Alvarez’s four sons. Bayer has lost all three trials that have occurred and have also lost the early rounds of appeals seeking to overturn said losses.  The juries analyzing the trials have decided that Monsanto’s glyphosate-based herbicides do cause cancer and Monsanto attempted to hide that risk from the public for decades. Reference:  “Monsanto Roundup & Dicamba Trial Tracker.” U.S. Right to Know, 2 June 2020, www.usrtk.org/monsanto-roundup-trial-tracker-index/.

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| Read Time: < 1 minute | Defective Consumer Devices

Atrium C-Qur Lawsuits Consolidated

Dec. 8, 2016 – Multiple Atrium C-Qur lawsuits are consolidated into MDL No. 2753 in the U.S. District Court, District of New Hampshire. For more updates and information about joining a lawsuit, please visit our Hernia Mesh Lawyers page. References U.S. District Court, District of New Hampshire, https://www.nhd.uscourts.gov/multi-district-litigation-mdl.

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| Read Time: < 1 minute | Defective Consumer Devices

Bayer Faces Additional Litigation Strife

December 1, 2020 — Not only does Bayer face consequences from Monsanto’s Roundup, but the company is also suffering from Monsanto’s liability in polychlorinated biphenyls (PCBs) pollution cases and cases where crop damage was a result of Monsanto’s dicamba herbicide-based crop system. Within the past week, Bayer proposed a payment of $648 million to settle litigation where plaintiffs alleged contamination from Monsanto’s PCBs.  A federal judge in Los Angeles rejected the proposal. The trial judge in the case Bader Farms, Inc. v. Monsanto also rejected Bayer’s requests for a new trial around the same time. The judge did cut the punitive damages awarded by the jury from $250 million to $60 million in favor of Bayer, leaving compensatory damages of $15 million for a total award of $75 million. Monsanto was exposed for knowing about the damaging effects of its system for years by documents obtained through discovery. Reference:  “Monsanto Roundup & Dicamba Trial Tracker.” U.S. Right to Know, 2 June 2020, www.usrtk.org/monsanto-roundup-trial-tracker-index/

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| Read Time: < 1 minute | Defective Consumer Devices

Bayer Continues Seeking Roundup Trial Verdict Appeal

December 1, 2020 — Bayer has lost all three of its Roundup trials.  The company is continuing its attempt at overturning the results of those trials even though the appeals do not look promising for Bayer. The first trial, Johnson v. Monsanto, found that Monsanto was liable for Dewayne “Lee” Johnson’s cancer at the appellate court level.  In October 2020, the California Supreme Court refused to review the case. Since the decision, Bayer has had 150 days to request for the U.S. Supreme Court to handle the case.  The company has not officially decided how it will proceed despite previously indicating that it will pursue its Supreme Court action, according to a Bayer spokesperson. If Bayer does take such action, Johnson’s attorneys are expected to file a conditional cross-appeal in order to review the decisions behind cutting Johnson’s jury award from $289 million to $20.5 million at the appellate level. Reference:  “Monsanto Roundup & Dicamba Trial Tracker.” U.S. Right to Know, 2 June 2020, www.usrtk.org/monsanto-roundup-trial-tracker-index/

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