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metal on metal hip replacement

Metal-on-Metal Hip Replacement Failure More Common Than Believed

Hip replacement failures are more common that previously believed, especially in metal on metal hip replacement joint devices.

At least 500,000 Americans have had hip replacement surgery, and many have metal on metal (MoM) implants manufactured by companies like Johnson & Johnson, Stryker, Wright Medical Technology, Biomet and other manufacturers, in which hip replacement failure is more common that previously thought.

If you or someone you know are experiencing some of the hip replacement complications listed below, or if you already had your metal on metal hip implant replaced because of similar problems, the injuredGo.com law firm would be happy to discuss your situation to determine if you are due compensation for your injuries.

  • Failure of the metal on metal hip implant requiring early replacement
  • Dislocated hip
  • Leaking of toxic substances in your bloodstream from your hip implant like chromium or cobalt
  • Cancer
  • Degenerative Heart Disease or Cardiomyopathy
  • Loss of bone strength or structure which can result in bone fractures
  • Tissue death for any tissue surrounding the implant
  • Non-cancerous tumors or pseudotumors around the hip implant
  • Cobalt poisoning
  • Metallosis or metal poisoning due to chromium or cobalt particles from the hip implant leaking into nearby tissue or the patient’s bloodstream

According to the FDA, “in MoM hip implants, the metal ball and the metal cup slide against each other during walking or running. Metal can also be released from other parts of the implant where two implant components connect. Metal release will cause some tiny metal particles to wear off of the device into the space around the implant. Wear and corrosion at the connection between the metal ball and taper of the stem may also occur. Some of the metal ions (e.g. cobalt and chromium) from the metal implant or from the metal particles will enter the bloodstream.”

Furthermore, “Patients who receive MoM hip implants should also pay close attention to changes in their general health including new or worsening symptoms outside their hip. If they are referred to a doctor to evaluate new conditions, they should let their physician know they have a MoM hip implant. T here have been some case reports and articles in the medical literature that suggest patients with a MoM hip implant may have certain symptoms or illnesses elsewhere in the body (systemic reactions). These include:

  • General hypersensitivity reaction (skin rash)
  • Cardiomyopathy
  • Neurological changes including sensory changes (auditory, or visual impairments)
  • Psychological status change (including depression or cognitive impairment)
  • Renal function impairment
  • Thyroid dysfunction (including neck discomfort, fatigue, weight gain or feeling cold.”

Our page on hip replacement failure.

injuredGo.com Law Firm is happy to offer free consultations for those who may have a potential claim for hip replacement failure. Contact Us today.

car crash

Louisiana’s “No-Pay, No-Play” Statute Can Affect Your Car Crash Injury Claim

Some Innocent Car Crash Victims Cannot Recover

Louisiana’s “No-Pay, No Play” law bars uninsured and underinsured drivers from collecting the first $15,000 of bodily injury damages and the first $25,000 of property damages after a car crash. This means that even if the other driver is at fault, an uninsured driver will have to cover medical costs up to $15,000, and car repairs up to $25,000.

Car crash victims sometimes are left without an ability to recover damages. The Insurance Research Council (IRC) estimates that approximately 14 percent of all motorists in the U.S. are uninsured – nearly one out of every seven drivers. States, such as Louisiana that have a high number of uninsured drivers, also tend to have higher insurance costs. We are all frustrated by high insurance rates! That is because accidents caused by uninsured drivers cause insurance companies to lose money, and to charge more for insurance.

Here’s how the “No-Pay, No-Play” Law works

If the At Fault Driver Does Not Have Insurance At The Time Of A Car Crash

The insurance company of the person who is ‘at fault’ for a car crash is generally responsible for paying the cost of repairs to the innocent driver, who was not at fault. But, if the ‘at-fault’ driver does not have insurance, then the innocent driver will have to rely on their own insurance after a car crash. Usually, when a person files a claim against their own insurance company, the insurance company will pursue the other party’s insurance carrier through a process called subrogation. However, if the at-fault driver does not have insurance, the innocent driver’s insurance company must try to collect funds directly from the driver.

Usually, if a person is uninsured, and caused a car crash, then it is a good bet they do not have assets that the insurance company can seize to cover their loss. So, the insurance company will have to to increase the premiums for its customers in order to off-set the lost money spent on claims after a car crash.

Uninsured Drivers in Louisiana

Louisiana is the second most expensive state for auto insurance – partly because of its high number of uninsured drivers. In an effort to reduce insurance premiums for its consumers, the state legislature passed Act 1476, known as the Omnibus Premium Reduction Act. One part section of this comprehensive law was the “No-Pay, No-Play” provision, enacted to penalize uninsured and underinsured drivers, while encouraging them to purchase adequate levels of insurance.

The goal was to reduce insurance rates.

Louisiana Law (La. R.S. § 32:866)

The statute reads, in part:

“[t]here shall be no recovery for the first fifteen thousand dollars of bodily injury and no recovery for the first twenty-five thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.”

Exceptions to the Louisiana “No-Pay, No-Play” Law

There are exceptions to the law in very limited circumstances.  These include:

  • Only the state-required minimum liability insurance, not full coverage, is required to be exempt from the “No-Pay, No-Play” law.
  • The law does not apply to legally parked cars.
  • The law does not apply to drivers from another state if their state did not require them to have liability insurance at the time of the car crash.
  • The law does not apply if the other driver is convicted of driving while intoxicated, intentionally causes the wreck, fled the scene, or was furthering the commission of a felony at the time of the accident.
  • The law does not apply to a passenger’s claim unless the passenger is a co-owner of the uninsured car.

People who are opposed to No-Pay, No-Play contend that the reason that uninsured drivers don’t have insurance is because they can’t afford it and the law simply punishes people who are already having hard times. However, proponents of the law argue they are necessary in the name of fairness: uninsured drivers shouldn’t be rewarded by a system they did not pay into. And, shouldn’t benefit from law-abiding drivers’ insurance, while denying that same privilege to any drivers they themselves happen to hit.

No Pay, No Play Laws Nationally

Currently, 11 states have some version of No-pay, No-play laws on the books: Alaska, California, Indiana, Iowa, Kansas, Louisiana, Michigan, Missouri, New Jersey, North Dakota, and Oregon. Unlike Louisiana, many states with No-pay, No-play limitations on car crash claims, are only on noneconomic damages. This would include items such as pain and suffering, mental anguish, and loss of companionship. Economic damages, the uninsured motorist’s actual medical bills, and property damage, are typically still recoverable in these jurisdictions. Louisiana is the only state whose law specifically enumerates “No-pay, No-play deductible amounts,” which are equal to the state-required minimum bodily injury and property damage liability coverages for motorists.

Contact injuredGo.com if you have questions about your car crash claim.


roadway defect car crash

Roadway Defect Car Crash: Who Is Responsible?

In Roadway Defect Cases, Sometimes “The King can do no wrong.”

Under most laws in the United States, the federal government as well as state and tribal governments generally enjoy sovereign immunity from lawsuits for a roadway defect. In some narrow matters, this immunity has been waived by law. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort, or better known as personal injury cases.

The State and Local Governments are generally responsible for ‘local’ roads, including, in some instances, the Interstate Highway System within major metropolitan areas. So, if something goes wrong, on a completed section of highway or road, the person who is injured may face a situation wherein nobody is legally responsible for the damages, even death. If the roadway is under construction when an accident occurs, then a whole new set of issues develop.  Read post HERE.

Furthermore, the Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning “the king can do no wrong.

In some states, a very specific notice must be given to the municipality prior to suit.  These ‘State Tort Claims Acts’ usually require that a certain type of notice be given to the state within a certain period of time and containing specific information. Failure to provide this notice can cause a case against a state to fail and constitute a complete bar to an action.

In Louisiana, The State Can Be Sued for a Roadway Defect, Sometimes, Under Certain Conditions

In Louisiana, the right to sue the government is found in the Louisiana Governmental Claims Act, La. R.S. §§ 13:5101- 5113 (1975). Also, The State, a State agency, or a political subdivision shall not be immune from suit and liability for injury to person or property. La. Const. Art. XII, § 10. All Suits must be brought in Louisiana State Court, La. R.S. § 13:5106. Notice must be provided, and the notice deadline for a suit against the State is the equal to the normal statute of limitations for that type of claim. La. R.S. § 13:5108.

Furthermore, in Louisiana liability shall not be imposed on public entities or their officers or employees based upon the exercise or the failure to exercise their policymaking or discretionary acts when such acts are within the scope of their lawful powers and duties except for acts not reasonably related to governmental and acts which constitute fraudulent, or intentional criminal, misconduct. La. R.S. § 9:2798.1.

There is also a limit on certain damages at $500,000 per person for personal injury or wrongful death.  La. R.S. § 13:5106(B). Also, money for medical care post-judgment shall be placed in reversionary trust which goes back to political subdivision if not used. La. R.S. § 13:5106(B)(3)

Essentially, what this means is that in some cases you can sue the State, but with limitations. Also, monetary judgments won against the State won’t usually be paid without legislative approval.

Roadway Defect Cases are Difficult

Generally speaking, if a roadway defect causes a severe personal injury, the victims will understandibly want to seek redress and compensation for those injuries. Going about that, is not an easy process. This is because, for an injured roadway defect personal injury victim, it needs to be shown and proven that (1) there exists a right to sue; (2) the suit is filed in a timely manner with proper notification; (3) there was a defect; (4) the defect was a cause-in-fact of the accident; (5) that injuries were sustained; and (6) the value of those injuries. Even after that, collection against State and municipal governments can be challenging. Some insurance may exist, and, in other cases, the award would need to be appropriated from the budget, which many are stretched thin already.

If you suspect that you may have a roadway defect personal injury, contact the injuredGo.com Law Firm. We offer free consultations and want to help you. Proving a roadway defect case is no easy matter, and Attorney Ed Kramer has the experience necessary to help you evaluate your claim, and decide the proper course of action.

State Transportation Departments Generally Responsible For Roadway Defects

Every State has some version of a transportation department. These government bodies are generally tasked with the maintenance and repair of highways. Depending upon where your roadway defect case occurred, laws will differ.  The following is a list of State Transportation Web Sites:

über car crash

Who is Responsible in an Uber Car Crash?

Popular Ridesharing Companies Responsibility in an Uber Car Crash

Popular ridesharing companies like Uber and Lyft have been becoming more and more popular, and driving more and more people, causing, unfortunately, more Uber car crashes. Often, in urban areas, such as Baton Rouge, Uber has quickly surpassed cab companies, for safety, cleanliness, convenience, and affordability. The process is simple – riders download the Uber App onto their phone, and they can simply and easily request and pay for rides. They can also track their requested driver’s location at all times. But, Uber is not flawless and there are instances when an Uber car crashes.

Uber Car Crashes are Complex

In an accident where Uber is involved, several potential individuals, companies, and insurance companies may be responsible. In this way, Uber car crash cases can be extremely complex.

For example, most Uber cars are owned by individuals, and their insurance may or may not cover the Uber car crash. Uber has tried to distance itself from its drivers when they behave negligently behind the wheel or are deemed ‘at-fault’ for a motor vehicle accident. However, more recent cases have shown that Uber can share in the liability.

If you have been injured in a car crash involving an Uber ride vehicle, injuredGo.com can help. We can discuss the facts and circumstances of your case with you, and can file claims against all necessary parties on your behalf, helping to maximize your potential recovery.

Employees versus Independent Contractors

Although Uber requires its drivers to undergo thorough background checks and carry their own motor vehicle insurance, Uber drivers are not employees of Uber. Rather, they are independent contractors. The difference between an employee and an independent contractor largely rests with the amount of control the company has over the worker, whether the worker sets his or her own schedule, and how the worker is paid (e.g., salary versus contract work). In the world of personal injury lawsuits, this distinction can make a significant difference.

In past cases, Uber has tried to distance itself from its drivers when they behave negligently behind the wheel or are deemed ‘at-fault’ for a motor vehicle accident. However, more recent laws  have required Uber to cover its riders, but a coverage gap remains in many Uber car crashes.

If you are an Uber Driver, Louisiana insurers are now offering a few options for coverage for your business.

Responsible Parties

In the case of a car crash involving a negligent Uber driver, the following parties could potentially share in the liability:

  • The Uber driver
  • Uber – the company
  • The insurance company

As an experienced Baton Rouge Car Crash Attorney, Ed Kramer and the injuredGo.com Personal Injury Law Firm can help you. Typically, claims are made against all of these parties in order to safeguard liability and maximize the potential recovery in the case. However, each of these entities will often attempt to have an injured plaintiff sign an agreement that potentially limits settlement and/or prohibits the injured plaintiff from taking further legal action.

An injured plaintiff should never sign such an agreement (at least without first consulting with a lawyer), as he or she could potentially lose thousands of dollars in recovery and/or monetary damages.

Furthermore, studies have shown that “Settlement Mills” may not fight for your maximum case value and succumb to advising you to accept a “quick check.”

How Much is Your Uber Car Crash Case Worth?

Many people who are injured in Uber car crashes are anxious to find out the value of their personal injury case.  But, like car accidents, there are many unique factors to each case. There is no way to determine how much a case is worth without conducting a thorough analysis of all of the facts. Any estimate of what your case is worth is merely speculation until the facts of the case are all established and the case actually settles or a judge or jury make an award.

In many car accidents, the following damages are to be considered, both in the future and in the past:

  • medical expenses
  • lost income
  • property damage
  • physical and emotional pain and suffering

Like in most accidents, a few of the considerations that can affect the value of your Uber car crash claim are:

  • Your occupation
  • The severity of your injuries
  • Your age
  • Your prognosis
  • Whether you were partially at fault for your accident

Contact a Baton Rouge Uber Car Crash Lawyer Today to Discuss Your Case

If you have been injured in an Uber car crash, you need experienced legal representation. The Uber company, like many companies and insurers, has a vast number of attorneys and lobbyists at its disposal who will use all legal means necessary to limit – or eliminate – Uber’s potential liability exposure.

InjuredGo.com Personal Injury Law Firm offers free consultations in Uber car crash and other accident casesTo schedule a free consultation with a Baton Rouge Uber car crash attorney, call today at (225) 933-1500 or contact us online.

Louisiana Higher Education

Louisiana Higher Education: Which One is For You?

Selecting The Right Louisiana Higher Education

In Louisiana, the Board of Regents presides over public Louisiana higher education. The board oversees the colleges and universities in Louisiana that receive public funding.  The Board was established by the Louisiana Constitution of 1974. The Board of Regent’s primary objective is to create budgets for the public colleges and universities, encourage enrollment, and manage admission requirements. The Board of Regents is also tasked with ensuring that education is attainable for Louisiana students, which is no small feat.

The Board publishes a list of tuition at each school here. In Louisiana, promoting education is difficult, to say the least. Even a plan for free high speed internet was rejected.

Higher Education Universities in Louisiana

Foe Louisiana Higher Education, the ten-institution Louisiana State University System has a variety of specialized schools, including a law school, an agricultural center, and multiple heath science campuses. The University of Louisiana System is comprised of of nine schools, including McNeese State University and Northwestern State University.  The Southern University System is comprised mainly of its Baton Rouge campus.

Louisiana has over 90 campuses of private colleges and universities according to the National Center for Education Statistics. Ten of those formed the Louisiana Association of Independent Colleges & Universities, which acts as a student advocacy association.  It lobbies and tries to make certain that it’s member schools uphold high standards of education.

Community Colleges for Higher Education in Louisiana

The Louisiana Community & Technical College System has been growing in popularity over the last 10 years or so.  It’s membership includes colleges like Baton Rouge Community College, Louisiana Delta Community College, and Sowela Technical Community College.  The system’s website lists all member schools and locations. A growing segment of community college is their online class options. The link provides a list of classes that can be taken online, and registration information and fees.

The Louisiana Community & Technical College System foundation has as its mission to promote workforce advancement, collaboration within the global workforce, and producing programs with a high caliber of excellence.  Resources for adult education are listed as well.

While many people chose to attend training and education for their job, the injuredGo.com Personal Injury Law Firm knows that many injured victims of negligence are disabled. In many instances, some of these resources allow personal injury victims of negligence to return to a meaningful career.

Universities:

Colleges:

Community Colleges:

injuredGo.com Personal Injury Law Firm supports higher education through it’s Personal Injury Scholarship Contest.  After you decide on a school, enter the injuredGo.com Personal Injury Scholarship Contest to try to help pay for your Louisiana Higher Education.

Pharmaceutical Company Payment to Doctors

California Bill Restricts Gifts to Doctors from Drug Companies

“Pressure to Prescribe” Even if Wrong Drug, or Wrong Use of Drugs

The California Senate passed Senate legislation that restricts pharmaceutical or drug companies from giving gifts and incentives to medical professionals. There is strong pressure put on pharmaceutical salespeople to convince doctors to prescribe, even if the drug has problems.

Historically drug makers gave flights, travel, speaking fees, entertainment, consulting payments, or other financial benefits to health care providers. Often this is seen as a ‘quid-pro-quo’ for prescribing their product.  This practice is legal in most states, including Louisiana, with some limits.

Senator McGuire opined “I’ll be the first to say that the vast majority of physicians and medical professionals put the needs of their patients first. There’s a reason why doctors answer the call to practice medicine – to help people in their time of need,”  However, he further added “But growing evidence reveals that financial relationships between some physicians and pharmaceutical companies confirm what has been suspected – financial incentives change minds.”

A study by the University of California, San Francisco showed that health care providers – Doctors, Nurse Practitioners, Dentists, and other prescribers – who receive gifts such as travel, meals, speaking fees and royalties were two to three times likely to prescribe a costly name-brand pharmaceutical than the equivalent generic drug.  Generic drugs are most often lower priced.

The Senate appeared to want to protect both patients and tax payers, while also lowering the costs of prescription drugs.

injuredGo.com Personal Injury Law Firm is of the opinion that this type of legislation is on-track to help prevent abuse and should be considered by other states.

 

settlement mill lawyer advertising

So Many Lawyer Billboards, So Little Time

Injured? Hiring a Lawyer: What are you really getting?

In a recent Georgetown Journal of Legal Ethics Article by Nora Freeman Engstrom, it was determined that “the emergence of firms I call “settlement mills”—high-volume personal injury law practices that aggressively advertise feature “ads are fixtures on late-night television and big-city lawyer billboards.”

The article continues “[d]rawing on voluminous documents extracted from federal court and state bar disciplinary files, as well as dozens of interviews with current and past settlement mill employees, we have seen that settlement mills have proliferated across the United States.”

Most disturbingly “[s]ettlement mills differ from conventional personal injury law firms in many obvious respects: They have higher claim volumes, advertise more aggressively, tout a different fee structure, settle claims more quickly and with less effort, file fewer lawsuits, and delegate more duties to para-professionals.”

A Lawyer’s reputation is once what drove clients. This means that most lawyers will maximize profits over the long haul if they take their time, do quality work, and obtain full value for their clients.

However, with a settlement mill, advertising makes reputation and quality work less important. If an attorney obtains the vast majority of his business by paid advertising rather than referrals or word-of-mouth, he or she need not have a sterling reputation among fellow practitioners or past clients. This type of practice requires only a big advertising budget and a steady supply of unsophisticated consumers from which to draw.  (Run of The Mill Justice, p. 1523.)

Cases at Settlement Mills are often settled for less that one that is properly prepared to go to trial.  “A victim’s unique personal attributes are less likely to affect settlement values when the negotiator (or the attorney fixing the settlement parameters) has never seen or spoken to the client. It is hard for witness credibility to play a prominent role when witnesses are seldom interviewed,” according to the article.

“Instead of an individualized and fact-intensive analysis of each case’s strengths and weaknesses alongside a careful study of case law and comparable jury verdicts, settlement mill negotiators and insurance claims adjusters assign values to claims with little regard to fault based on agreed-upon formulas …” Most personal injury victims seem to want legal representation whereby they are treated individually, not as a number, set of facts, or injury profile.

These lawyers have no intention of filing suit. (Engstrom cites one Louisiana firm that tried four cases in a year and lost all of them, before deciding thatwas no way to make money in the law.) What’s more, she suggests, insurance adjusters know this. So they are more than willing to pay hundreds of questionable soft-tissue claims at $2,500 or $5,000 a pop to insure that the truly dangerous accident case, the kind the right jury might decide was worth millions of dollars, gets settled along with the rest.

“Insurance companies might be choosing to cooperate with settlement mills, in part because settlement mills appear willing to settle the largest claims — which present the highest chance of a catastrophic verdict — at an attractive discount. In addition, settlement mills and insurance companies share two sets of overlapping interests: speed and certainty. Insurers, it appears, cooperate with settlement mills, in even marginal cases, because cooperation is profitable.”

There are winners and losers in this game, Engstrom writes. The winners are the settlement-mill lawyers, who make nice incomes despite having subpar legal skills, and the people with soft-tissue claims that probably wouldn’t withstand close scrutiny but make a couple of grand just to go away.

Study Of “Settlement Mills” Shows Insurers Like Them

Run of the Mill Justice

What are you looking for in an attorney?  The injuredGo.com Personal Injury Law Firm is not a “settlement mill” and treats every client like they are the only client. Contact us for a free consultation.

Zofran birth defects

Defense Tries to Strike Fraud Allegations in Zofran Birth Defects Trial

Trial Over Alleged Zofran Birth Defects

Women who used the drug Zofran are alleged to be at higher risk of birth defects, according to recent lawsuits.

U.S. District Judge F. Dennis Saylor on April 24, ruling on a motion to dismiss, found that the suit’s marketing campaign allegations were too broad, but those “now untethered” marketing fraud allegations are still in the master complaints, GlaxoSmithKline PLC said in its bid to strike those claims.

“Striking these allegations is appropriate, given that the adequately pleaded claims — and the allegations underpinning them — define the scope of discovery,” the drugmaker said. “GSK will be significantly prejudiced if plaintiffs are permitted to obtain discovery on these inadequately pleaded allegations.”

Much of the Zofran controversy stems from the FDA discontinuation of the drug in certain cases. Zofran Oral Solution, a selective 5-HT3 receptor antagonist, is indicated for the prevention of nausea and vomiting associated with highly emetogenic chemotherapy, including cisplatin ≥50mg/m2; prevention of nausea and vomiting associated with initial and repeat courses of moderately emetogenic chemotherapy; prevention of nausea and vomiting associated with radiotherapy in patients receiving total body irradiation, single high-dose fraction to the abdomen, or daily fractions to the abdomen; and prevention of post-op nausea and vomiting.

Although Zofran is not approved to treat morning sickness, it is commonly prescribed “off-label” for this purpose. In fact, it has been estimated that approximately 1 million pregnant women are prescribed Zofran each year to relieve the symptoms of morning sickness, specifically nausea and vomiting. Off-label prescribing is legal and done at the doctor’s discretion; however, when used in this capacity, Zofran has been linked to birth defects.

Birth Defect Studies

  • Hong Kong-based study published in 2006 found that Zofran readily crosses the human placenta during the 1st trimester of pregnancy. Traces of the drug were found in every sample of fetal tissue taken from 41 test subjects.
  • Epidemiological study of more than 10,000 birth records performed by researchers at Harvard and Boston University links Zofran to a 2.37-fold increased risk of cleft palate.
  • Zofran associated with a 20% increased risk of kidney defects and other congenital abnormalities in a study published in BioMed Research International.
  • In 2013, a Danish Study titled “Ondansetron use in early pregnancy and the risk of congenital malformations”found a 2-fold increased risk of heart defects in babies whose mothers used ondansetron in pregnancy.
  • June 2014 study published in the Toronto Star finds at least 20 women who took Zofran for vomiting in pregnancy had children with birth defects, including 2 infant deaths and multiple cases of heart and kidney malformations. Four of the babies weighed as little as 4.5 lbs. In 6 cases, the birth defect was characterized as “fetal growth restriction.”
  • In December 2014, Reproductive Toxicology publishes the ‘Anderson Study’ which links ondansetron use during the 1st trimester to a doubled risk for atrial and ventricular septal heart defects, collectively known as “hole in the heart” defects.
  • Medical practice guidelines advise physicians to use caution when prescribing Zofran, saying the drug should be used only after all other options for treating morning sickness have been exhausted.

If you are interested in learning more, or feel that you may have a claim for the use of Zofran, please contact us, or visit this page.  injuredGo.com Personal Injury Law Firm offers free confidential consultations.

train wreck

Passenger on O’Hare Bound Train Wreck Awarded More Than $6 million

Tragic Train Wreck Leads to New Safety Rules

Yolanda Montes, 37, was a TSA Officer headed to work at O’Hare International Airport on the morning of March 24, 2014 when the tragic train wreck occurred.  She was in the sixth car from the front, standing and holding on to a metal pole.  Little did she know, the rookie operator was dozing off. As a direct result, the train crashed through a barrier at the end of the tracks and landed on top of an escalator.

The force of the train wreck caused her head to strike the pole and a door. Montes was initially diagnosed with a concussion, back sprain and neck sprain. It was later discovered that the crash had aggravated pre-existing conditions in her back and neck, which required surgeries. Because of her injuries, Montes is no longer able to do the type of standing, lifting and twisting required by her past work as a transportation security officer, and now works as an administrative assistant for the TSA.

The $6.654 million verdict awarded Friday, May 5, 2017, was the largest of all the legal cases brought over the March 24, 2014 train wreck. The train operator was fired by the CTA less than two weeks later. The National Transportation Safety Board blamed the crash on the operator, and on the failure of the CTA to properly oversee her work schedule.

Because of this tragic accident, the board made various recommendations to improve safety at the agency.

injuredGo.com personal injury law firm would like to help you if you are injured. Contact injuredGo.com for a free consultation.

Johnson & Johnson Talc

African-American Women Targeted by Johnson & Johnson Despite Knowing Baby Powder Causes Ovarian Cancer

Johnson & Johnson (J & J) has lost some big lawsuits recently, with Courts having found that its talc products, most notably Baby Powder and Shower to Shower, can cause ovarian cancer in women.

Very disturbing evidence showed that Johnson & Johnson, through internal documents discovered in a recent lawsuit, demonstrated that J & J has long been aware of the connections between talcum powder and cancer. Furthermore, these documents showed that J & J actually targeted black women in marketing campaigns, and did not warn anyone of the known risks.

Regular use of powder has been associated with ovarian cancer regardless of where the women used it, researchers report. Users of genital powder had more than a 40 percent increased risk of cancer, while those who used only non-genital powder had an increased risk of more than 30 percent.

Historically, African-American women have reported significantly higher use of so-called feminine hygiene products, including genital powder. A 2015 case-control study in Los Angeles found that 44 percent of African-American women reported using talcum powder, compared to 30 percent of white women and 29 percent of Hispanic women.

In the documents released, in the 1990s, J & J outlined a plan to hike slowing sales of its powder “by targeting” black and Hispanic women, according to a company memorandum unearthed in recent litigation.

In fact, the conclusion of a study conducted at George Washington University in 2015 is that African American women are twice as likely to use vaginal douches as their white counterparts.

Last year, the family of a black woman named Jacqueline Fox, who died from ovarian cancer after life-long use of talcum powder made by J & J for genital hygiene, was awarded $72 million by a jury. The jury found that J & J had intentionally hidden the known association between their products and cancer from consumers.

In the Fox Trial, the jury also found J & J guilty of conspiracy, after they were presented with internal company documents proving a targeted campaign to promote their talc products to African American women, in spite of potential cancer risks. It was alleged that women in the black community were believed by J & J to be less likely to know of the link between talcum powder and ovarian cancer and that they would also be less likely to sue the company if they learned of this link.

Read more HERE.

Contact the injuredGo.com Law Firm if you have a potential case.  We offer free consultations.