| 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/

Continue Reading

| 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.®

Continue Reading

| 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/.

Continue Reading

| Read Time: < 1 minute | Defective Consumer Devices

Woman Diagnosed with Mesothelioma at 35 After Childhood Exposure to Asbestos

A 35-year-old woman was diagnosed with mesothelioma. The doctors found the cancer, which is most commonly found in men 70 years and older, in Heather Von St. James lung after she complained of shortness of breath after having a C-section. Doctors believe Von St. James was exposed to asbestos when she was a child and would wear her father’s jacket after he got home from his construction job.  Von St. James’ prognosis was 15 months, but she underwent aggressive treatment and surgery. Today, she is a mesothelioma survivor, outliving her expected survival window by 15 years. Source: Prevention.com

Continue Reading

| 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.

Continue Reading

| 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/

Continue Reading

| 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/

Continue Reading

| Read Time: 2 minutes | Defective Consumer Devices

Bayer Offers Sweeping Settlement to Plaintiffs

December 1, 2020 — Bayer is making significant progress toward settling thousands of U.S. Roundup lawsuits.  A large percentage of the plaintiffs involved in the lawsuits are choosing to participate in the settlement, even if they expect to receive what they consider to be unfair payouts.  According to a letter sent to plaintiffs in late November 2020 by one of the lead law firms in the Roundup litigation, more than 95 percent of the “eligible claimants” are reported to be participating in Bayer’s sweeping settlement plan.  Plaintiffs can opt-out of the settlement and take claims to mediation, or they can find a new lawyer to try their case in court.  The rough estimate on average gross payouts per plaintiff is said to be around $165,000 by the lawyers and plaintiffs involved.  There is no guarantee that a plaintiff’s payout proposal will be anywhere near that average, though, as it could be much higher or much lower. To be eligible to participate in the settlement, the plaintiff has to be a U.S. citizen, have been diagnosed with non-Hodgkin’s lymphoma, and had exposure to Roundup for at least one year before their diagnosis.  The terms of the settlement deal state that the agreement with Bayer will be complete when the settlement administrator confirms that over 93 percent of the claimants qualify.  A plaintiff found ineligible by the administrator has 30 days to appeal the decision.  Plaintiffs found eligible will be awarded a number of points by the administrator.  The points are based on specific criteria relating to the plaintiffs’ unique situations and determine the amount of money that they will receive. In the points system, basis points are determined by the age of the plaintiff at the time they were diagnosed with non-Hodgkin’s lymphoma.  They are also determined by the severity of their damages, which can be based upon treatment and the result of treatment.  The levels of severity vary from 1-5.  For example, a death would be given the points equal to a level 5 and more points are given to young people who have endured multiple rounds of treatment.  There are other adjustments allowed to the point system that give plaintiffs additional points, such as if they were exposed to Roundup longer or suffered from other damages.  Adjustments can also subtract points. Settlement funds are expected to start getting to the participants in Spring 2021, according to the lawyers involved. Reference:  “Monsanto Roundup & Dicamba Trial Tracker.” U.S. Right to Know, 2 June 2020, www.usrtk.org/monsanto-roundup-trial-tracker-index/

Continue Reading

| Read Time: < 1 minute | Defective Consumer Devices

Number of Roundup Cases and Settlements

November 9, 2020 — U.S. District Judge Vince Chhabria in San Francisco is still in charge of almost 2,000 unresolved Roundup cases at this point in time.  According to Bayer, 1,861 out of the 3,787 of the plaintiffs have not settled.  Judge Chhabria paused the litigation and gave Bayer until November 2 to settle.  Because Judge Chhabria did not extend the stay, some cases could move toward trial.  Bayer has reportedly resolved around 88,500 out of approximately 125,000 filed and unfiled claims, saying that they are “fully committed” to settling litigation. Reference:  Stempel, Jonathan. “Bayer Makes ‘Substantial Progress’ in Roundup Cancer Lawsuits, Mediator Says.” Reuters, Thomson Reuters, 9 Nov. 2020, www.reuters.com/article/uk-bayer-roundup-idUKKBN27P2YJ

Continue Reading

| Read Time: < 1 minute | Defective Consumer Devices

Bayer Reserves $2 Billion For Future Roundup Cancer Claims

November 3, 2020 — Bayer has stated that it expects to pay $2 billion to resolve future claims that Roundup causes cancer.  Its initial estimate for this amount was $1.25 billion. Reference:  “Roundup Lawsuit: Roundup Lawyer: Roundup Lawsuit Settlements.” TorHoerman Law, Publisher Name TorHoerman Law Publisher Logo, 4 Nov. 2020, www.torhoermanlaw.com/personal_injury_lawsuit/toxic_tort_lawsuit/roundup-lawsuit/.

Continue Reading