We are happy to announce that we're celebrating 30 years! →

Articles Posted in Product Liability

Published on:

Monsanto is a major chemical producer that primarily provides chemical inputs to farmers and other agricultural operations. One of its most common products that can even be found in some urban dwellers’ pantries is Roundup, a chemical used to kill certain weeds. The main ingredient in Roundup is glyphosate. This chemical is applied to genetically modified crops that are engineered to withstand Roundup, allowing the chemical to kill other weeds and unwanted plants.

According to the World Health Organization’s International Agency for Research on Cancer, glyphosate is “probably carcinogenic to humans.” In response to many of these claims and other criticism over glyphosate’s allegedly harmful attributes, Monsanto insists that Roundup is “safe enough to drink.” In 2015, Monsanto reported receiving $4.8 billion in sales from Roundup alone.

A recent lawsuit is challenging Monsanto’s claims regarding Roundup’s safety. According to four farmers from Nebraska, the chemical has caused them to develop non-Hodgkin’s lymphoma. This disease is a form of cancer that originates in the lymphocytes that comprise a part of the body’s immune system. These lymph nodes and other lymphatic tissue like the spleen and bone marrow are a vital part of the body and can act as a conduit to spread cancer cells elsewhere.

Continue reading →

Published on:

The U.S. Food and Drug Administration has recently issued a safety alert for Wen hair conditioner products. According to the federal agency, these products may result in severe breakage, balding, rashes, itching, and hair loss. The products are the subject of ongoing litigation that was commenced in 2014 through a class action lawsuit. The low-lather conditioners, which were developed by celebrity stylist Chaz Dean, have been the subject of over 127 FDA complaints from consumers.

According to the safety alert, this issue constitutes the most reported adverse event associated with a hair product. In addition to the 127 complaints sent to the FDA, roughly 21,000 complaints were delivered to Chaz Dean, Inc., by consumers who used the product and experienced negative consequences.

The FDA safety alert states that the reason behind the adverse side effects is unknown and that the company that makes Wen cleansing conditioner products has been asked to provide data that could help the consumer safety agency determine the issue. There are a variety of ingredients in the products, many of which are harmless. Chamomile, aloe vera, soy protein, and almond oil are examples. A few ingredients are not as benign, like methylisothiazolinone and methlchloroisothiazolinone. Both of these preservatives have been associated with eye, skin, and lung irritations. The Environmental Working Group prepared a report about the side effects and dangers associated with these preservatives.

Continue reading →

Published on:

Some products pose obvious dangers to our well-being, like kitchen appliances, cars, and sporting equipment. When seemingly harmless objects cause serious injuries to us or our loved ones, it can be quite alarming. Recently, international furniture and home goods retailer IKEA initiated a recall of 29 million chests and dressers that have been linked to at least six child deaths that date all the way back to 1989, as well as at least 36 injuries. Based in Sweden, IKEA is the largest retailer of furniture in the world. The accidents occur when the dressers’ drawers are pulled out and children climb on the drawers like a staircase. The weight of the child tips the dresser or chest over and crushes them beneath it.

The chairman of the Consumer Product Safety Commission, Elliot F. Kaye, stated that the furniture is simply too dangerous to keep in your household if you do not properly anchor it to the wall, particularly if you have young kids in the house. Lars Petersson, the president and CEO of IKEA USA, issued a statement saying that the furniture was never intended to be used without the anchoring equipment, which secures the dressers and chests to the walls against which they are placed. In a recent interview, Petersson said, “If you are assembling correctly, the product is actually a very safe product.”

Continue reading →

Published on:

Moll Law Group has filed its first lawsuit against Johnson & Johnson, seeking damages on behalf of a 39-year-old woman who was diagnosed with ovarian cancer following her use of the company’s talcum powder-based products. In the lawsuit, which is captioned Barbara Ross v. Johnson & Johnson, et al., the plaintiff was diagnosed in 2014. She used Johnson & Johnson’s products for feminine hygiene purposes as part of her daily shower routine for 23 years, including Baby Powder and Shower to Shower.

In the complaint, the plaintiff alleges that her continuous use of these products directly resulted in her developing ovarian cancer and suffering other devastating and potentially fatal injuries in addition to infertility and serious mental and emotional suffering. Some sources suggest that the major international pharmaceutical and household product maker knew about the potential risks associated with talcum-based products for several years but failed to provide adequate warnings to consumers.

Talcum powder is derived from a mineral substance that has known similarities to asbestos, which is a known carcinogen. According to a group of researchers at Harvard University who conducted a study, women who used talcum powder-based hygiene products had a 36 percent higher risk of developing ovarian cancer compared to women who did not use talcum-based products.

Continue reading →

Published on:

Based in Chicago and representing clients across the United States, Moll Law Group is preparing to file lawsuits on behalf of women who have been diagnosed with ovarian cancer as the result of using Johnson & Johnson talcum powder products, including Baby Powder and Shower to Shower. The international pharmaceutical giant has already faced a number of lawsuits involving similar claims about the negative and devastating consequences of the long-term use of its talcum powder products.

Talcum powder is a mineral that has many similarities to asbestos, which is a carcinogenic agent. Prior to the 1970s, products that contained talcum powder frequently also contained asbestos. According to medical researchers, when talcum powder enters the vagina, it can travel to the ovaries, where it can lead to inflammation and an increased risk of developing ovarian cancer. Harvard researchers even concluded in a study comparing the rates of ovarian cancer in women who used talcum powder products to women who did not that there is a 36 percent increased risk of developing the deadly condition in women who do use the products.

In 2014, two class action lawsuits were filed just one year after a plaintiff in South Dakota prevailed against Johnson & Johnson. The woman in that lawsuit alleged that the company was negligent for failing to warn her about the risk of developing ovarian cancer as the result of using talcum powder products. The plaintiff was diagnosed with ovarian cancer in 2006. In May 2016, a jury in St. Louis, Missouri, returned a verdict awarding a plaintiff in a similar lawsuit $55 million in damages. The plaintiff in that case had used Johnson & Johnson’s Baby Powder product for four decades. Three months prior to that, another St. Louis jury awarded $72 million in compensatory damages to the family of a woman who lost her life as the result of ovarian cancer, which physicians linked to her use of the company’s talcum powder-based products.

Continue reading →

Published on:

One of Johnson & Johnson’s subsidiary companies has asked a federal appellate court to enter a stay of litigation in a lawsuit involving its Pinnacle metal-on-metal hip implant device. The company is seeking this time-out, claiming that it needs to appeal a $490 million jury verdict against the medical device manufacturer. During March 2016, a federal jury in Texas returned a verdict against DePuy Orthopedics, the subsidiary in question, totaling $490 million in favor of five plaintiffs who alleged the subsidiary’s hip implant caused them serious injuries.

Following a two-month trial on the product liability claim, the jurors concluded that DePuy’s metal-on-metal hip implants, which were a spinoff model based on the Pinnacle hip implants, were designed in an unreasonably dangerous manner and that DePuy had failed to include appropriate warnings with the products about the dangers that users may face. To recover compensation in a medical device case, the plaintiff must show that the medical device was designed in an unreasonably dangerous fashion. This can also include facts showing that the company failed to include proper warnings or instructions with the device. Here, for example, the plaintiffs alleged that DePuy failed to warn patients about the likelihood of metal fragments entering patients’ bloodstreams and causing metallosis. The jury returned a verdict form awarding $130 million in compensatory damages and $360 million in punitive damages.

Prior to this, in October 2014, the first case litigating whether the Pinnacle hip implant was defective was concluded when a federal jury returned a verdict stating that DePuy was not liable for the plaintiffs’ injuries and awarding the plaintiffs zero damages.

Continue reading →

Published on:

A former sales representative for the medical device manufacturing company Zimmer Biomet (“Zimmer”) has filed a lawsuit against the company, claiming that the orthopedics provider fired him as a result of the testimony he provided during a grand jury hearing against a physician who was accused of performing unnecessary knee replacement procedures. Further catapulting this story into the public eye is the fact that the sales representative, named Dominick Pistone, is the brother of Joseph Pistone, an FBI agent who served as the basis for the movie Donnie Brasco.

As a sales representative, Pistone sold Zimmer products for 25 years until the company terminated his employment in June 2015. The lawsuit also alleges that some time in 2007, Pistone learned that a physician who has not been identified by name was “performing numerous double knee replacements, well above the average . . .  primarily for financial gain and not in the best interest of the patients.”

Additionally, the complaint states that the device the unnamed doctor used in these procedures was not subject to FDA approval. The CEO of the company that formally manufactured the device, OtisMed, was sent to prison for two years, and the company was required to pay an $80 million settlement to Stryker, which had acquired OtisMed during 2009.

Continue reading →

Published on:

These days, a number of futuristic toys and machines are hitting the market, including hoverboards, drones, and the infamous Segway. This last device is a two-wheeled scooter that allows the rider to stand up while riding and steer the machine, which includes a self-balancing mechanism. Although many people have enjoyed riding Segways, and the devices have become popular at many tourist attractions, they are incredibly dangerous and can lead to serious injuries or even death.

In 2010, for example, a British entrepreneur died after the Segway he was riding drove off a cliff on his estate in Britain. The entrepreneur had purchased the company less than a year before the tragic accident. At the time of the accident, he had been driving one of the off-road models of the Segway, designed to handle more rugged terrain than common urban environments. This is not the only incident of injuries associated with Segways, with hundreds of people reporting to emergency rooms with serious traumas. According to a case review of injuries associated with Segway devices released in 2010, some of the most common injuries associated with the device are facial traumas, head injuries, and broken bones.

With tens of thousands of Segways in operation in the United States, many physicians and public health experts have asked the U.S. Consumer Protection Agency to promulgate stricter safety regulations for the devices to keep riders from harm. The study also urged riders to wear helmets and other protective equipment when riding Segways, which can be particularly important if the rider is inexperienced.

Continue reading →

Published on:

Thousands of women have come forward to bring lawsuits against the makers of transvaginal mesh products, alleging that they suffered serious, painful, and in some cases permanent injuries as a result of the products’ dangerous nature. Ethicon is one of the main manufacturers implicated in these lawsuits, which is a subsidiary of major health product manufacturer Johnson & Johnson.

In general, these lawsuits claim that after receiving an Ethicon transvaginal mesh implant, the women experienced a variety of adverse effects, including abdominal pain, painful intercourse, and other complications as the result of the device migrating after implantation or otherwise not functioning as promised in the marketing materials associated with the device. Several of these women required subsequent revision surgeries and will need constant ongoing care to monitor the resulting complications.

There have been so many lawsuits filed against Johnson & Johnson regarding the Ethicon product that the lawsuits have been organized into an MDL or multi-district litigation. Similar to a class action, an MDL proceeding seeks to associate cases that have common facts, legal claims, and injuries. This helps expedite the processing of these cases and promotes consistency in how each case is adjudicated.

Continue reading →

Published on:

California’s Office of Environmental Health Hazard Assessment has released a new set of revisions to its proposed overhaul of the state’s Prop 65 product labeling law. This effort is the first significant modification to the label, which must be appended to certain products and product shelf spaces, in several decades. The new warning label has been under development since 2013.

According to Prop 65, manufacturers must label products that contain a significant level of toxic chemicals deemed to pose health hazards to consumers, particularly cancer. Similarly, retailers must include a notice on shelving next to these products, further alerting consumers about the potential risks. As a result, manufacturers and product sellers doing business in California must conduct thorough tests and investigations into the chemicals that are present in their products.

OEHHA administers Prop 65 in California and maintains a list of the toxic chemicals that will require a manufacturer to include a warning. The list also provides the minimum levels at which a label will be required. In some cases, a trace amount of a toxic chemical present in a product will not require a label. There are a wide variety of chemicals on the list, including both naturally occurring and synthetic ingredients.

Continue reading →

Contact Information