Category: Uncategorized


New J&J Talc Trial Begins in California

J&J

Another trial regarding claims of asbestos in Johnson & Johnson’s baby powder began yesterday in California.

Who is behind the new lawsuit?

Terry Leavitt is bringing the lawsuit against Johnson & Johnson. Ms. Leavitt came into contact with J&J baby powder as a infant, and that the powder used on her was talc mined in South Korea which contained asbestos fibers. Ms. Leavitt was diagnosed with mesothelioma in 2017.

How does this affect Johnson & Johnson?

The attorneys for Ms. Leavitt are arguing that the talc mined in South Korea contains the same asbestos fibers of talc that is mined in the U.S. for Johnson & Johnson according to an article posted by Citizen Truth. This is also one of the first lawsuits to be heard since the Reuters report detailing J&J’s knowledge of asbestos within their talc products was released (get more information here).

I have been injured by a talc-based product from Johnson & Johnson. What are my options?

If you or a loved one have been injured as a result of using Johnson & Johnson talc products contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on talcum powder here.

The Importance of Having Insurance

insurance policies

While insurance policies can vary from amount to coverage type, these four types of insurance policies are important to consider having. As life happens so do accidents and having these types of policies can be helpful to have in your back pocket.

Auto Insurance

Many states (including Colorado) require that you have some form of auto insurance. However, that doesn’t mean that every driver has adequate coverage. This can be an issue if you find yourself in an accident with a uninsured or underinsured person. Since cars can be an expensive item, having some form of liability coverage as well as bodily injury coverage is important to ensure you aren’t stuck with the full bill if an accident occurs. We highly recommend also purchasing UM/UIM coverage. Having this additional coverage can save you thousands of dollars in the event that you are hit by a driver with inadequate coverage.

Life Insurance

Having life insurance can help make sure your loved ones are covered in the event of your death. Life insurance policies can cover funeral expenses or any additional debt you still owed before your passing. It can also be paid out to a beneficiary that you designate (such as spouse, a child, or partner).

Property Insurance

In the event of a fire, weather incident, or an accident that damages your home having property insurance can help cover the cost of repairs or rebuilding if necessary. It can also provide defense against you losing your property if you are sued.

If you have a mortgage, many financial places require you to have property insurance while you are making payments on your mortgage. If you do not own any property, having renters insurance can help cover any loss of belongings due to burglary, on premise injury, or other incident.

Health Insurance

We all want to stay healthy but at one point or another an illness or serious injury can occur. Having health insurance allows you to to receive treatment at a more affordable rate.

If you have a job, inquire with your employer if you are eligible to receive health benefits through an employee health plan. If your employer does not often a health plan, you can also find options through the federal health care system or open marketplace during open enrollment.

 

FDA Expands Blood Pressure Medication Recall

Blood Pressure Medication

Blood pressure medication recalls involving the ingredient valsartan have expanded once again as the FDA has reported additional recalls.

When was the announcement made?

The FDA made the announcement on December 31st. This announcement included a voluntary recall by Aurobinado Pharma USA, Inc. for over 80 types of blood pressure medications containing the valsartan ingredient, according to an article posted by Fortune.

What was the reasoning behind the recall?

As previous blogs on blood pressure medications have mentioned (check out our most recent post here), the ingredient valsartan is known to contain N-nitrosodiethylamine which is considered to be a human carcinogen.

Where can I find the most current list of all medications being recalled?

Check out the FDA’s list here (most recently updated as of December 31st, 2018).

I have been injured by a blood pressure medication that has been recalled. What resources are available to me?

If you or a loved one have been affected by the use of a blood pressure medication contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on pharmaceuticals here.

Serious Rollover Crash in Colorado Springs

Car Accident

Southbound I-25 in Colorado Springs had three lanes closed down for an extended period of time on Sunday due to a serious car accident that occurred as reported on by The Denver Post.

How did the accident happen?

According to posts on Twitter from Colorado Springs Traffic, the incident happened at around 5:30 p.m. on Sunday evening with at least one person who was seriously injured as a result of the accident. The accident was considered to be a vehicle rollover.

Did delays occur?

According to additional information provided by Colorado Springs Traffic, all three traffic lanes heading southbound were closed down for about two hours as a result of the accident. Traffic was being rerouted off of I-25 S via Unitah Street. Around 8:30 p.m. it was reported that one lane had reopened, with the other two lanes reopening shortly afterward.

Who responded to the scene?

Colorado Springs Police Department responded to the accident and an investigation is ongoing.

I have been injured in a car accident. How do I get help?

If you or a loved one have been injured in a car accident contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on Motor Vehicle Accidents here for additional information.

 

Pivotal Ruling Issued on Roundup Trial

Roundup

A federal judge in San Francisco issued a ruling yesterday that could impact Roundup cases going forward.

What was the ruling?

U.S. District Judge Vince Chhabria approved a request from Bayer AG (who is the parent company of Monsanto who distributes Roundup) to split an upcoming trial into two parts. This ruling affects the next Roundup trial waiting to be heard which is scheduled for February 25th. The counsel for the plaintiff, Edwin Hardeman,will be unable to present evidence that Monsanto “attempted to influence regulators and manipulate public opinion” according to a Reuters article written about the ruling.

What is the significance about the counsel being unable to present certain evidence?

Now that the trial is split in two parts, Hardeman’s attorneys are only able to show evidence relating to the fact that glyphosate was a factor in causing Mr. Hardeman’s cancer during the first phase of trial.

If that claim is found to be true and the trial moves forward, then only in the second part can the evidence be presented regarding Bayer’s liability in causing Mr. Hardeman’s cancer.

What does this mean for other Roundup cases waiting to be heard?

The impact on other Roundup lawsuits remains to be seen. This case is considered to be a bellwether case, along with two others, in which the case is considered to be a test of sorts to see how arguments hold up in a courtroom.

I have been injured due to the use of Roundup. What resources are available to me?

If you or a loved one have been diagnosed with cancer as a result of using Roundup, contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our Roundup practice area page here for additional information.

Johnson & Johnson Continue to Push Talc Safety Claim

Reuters

Johnson & Johnson is trying to save face following the release of the Reuters report which has received widespread media attention.

What was the report about?

Reuters conducted an investigation which found that Johnson & Johnson knew that their talcum powder products contained trace amounts of asbestos since the 1970’s. More information regarding details of the article can be found here.

How has Johnson & Johnson responded?

Johnson & Johnson has launched a widespread digital advertising campaign that claims their talc is safe. In a response to the Reuters report, the company released a statement (you may read the statement here) regarding their continued beliefs in the safety of their talcum powder based products. 

Reuters has found that Johnson & Johnson left out crucial evidence regarding studies on talc, that in some instances weaken the pharmaceutical company’s claims, as indicated in this follow up report.

How is the public responding to Johnson & Johnson’s advertising efforts?

Views on the campaign have been mixed. On social media there have been posts backing Johnson & Johnson and offering words of support. However, others have noted the loss of family members due to ovarian cancer or mesothelioma, which they say was caused by the use of Johnson & Johnson talc products.

I have been diagnosed with ovarian cancer and/or mesothelioma after using J & J talcum powder products. What are my options?

Contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page at our website on ovarian cancer and baby powder here for additional information.

$2.5 Million Dollar Risperdal Verdict Upheld

Janssen Pharmaceuticals

A Pennsylvania Superior Appeals Court has ruled against overturning a $2.5 million dollar verdict that was awarded to an Alabama man and his family.  The lawsuit is against Johnson & Johnson’s subsidiary company, Janssen Pharmaceuticals. Janssen Pharmaceuticals is the pharmaceutical company behind the antipsychotic medication Risperdal.

What was the basis for the lawsuit?

The lawsuit was based on the claim that a young man named Austin Pledger took Risperdal as a teen to treat his autism disorder. As a result of taking Risperdal, he developed Gynecomastia (a condition where breast tissue develops in males). More details about the lawsuit can be found here.

Why is this significant?

This lawsuit was considered to be a guinea pig case of sorts, in that it was the first Risperdal lawsuit to reach a verdict that was awarded to the family. This can potentially affect thousands of other lawsuits that are being brought against Janssen Pharmaceuticals under the same claim.

What happens next?

The Pledger family has filed an appeal asking for a new trial for punitive damages. Other lawsuits regarding Risperdal have had their verdicts overturned stating conflict of law issue. Janssen Pharmaceuticals is also considering a second appeal.

What are my options if I have been affected or know someone who has developed Gynecomastia as a result of using Risperdal?

If you or a loved one have developed gynecomastia as a result of using Risperdal, contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our practice area page on pharmaceuticals at our website here for additional information.  

Use Caution: Slip and Falls in the Snow

slip and fall

Even with the holidays behind us we all still may be dreaming of snow – and not be thinking about the dangers that can occur in these conditions. A slip and fall in snow or ice can cause injuries such as fractures, spine injuries, and even a Traumatic Brain Injury (also known as a TBI).  Here are some tips to keep in mind for when snow rolls into town.

Be Aware:

Being aware of your surroundings and keeping an eye out for icy spots (especially black ice) or other spots where you are walking that may become slick from ice or snow. This is important in keeping yourself safe from a slip and fall.

Take Your Time:

Taking smaller (and slower) footsteps can help you keep your balance and stay upright when walking in difficult conditions.

Be Prepared for Conditions:

Wearing proper shoes can give you the appropriate grip and traction you need when walking on ice or snow.

Use Resources:

If there is a handrail or guardrail available, use it to help support your balance when walking.

Stay Hands Free:

Keeping your hands out of your pockets when walking can help you re balance yourself if you feel yourself starting to slip.

If you do fall, and get injured:

If you or a loved one become injured as a result of a slip and fall, contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our experienced attorneys. Please also visit our practice area page regarding personal injury here for additional information.

Share Food, Not Illness: Food Safety Tips

Christmas is next week, and cooking up a storm is going to be on the mind of a lot of individuals and families. Handling food in a safe and proper way is vital to helping to minimize your chance of getting a food borne illness. Here are some food safety tips to keep in mind when handling your turkey (or other meat/alternate protein of choice) and other foods during the holidays:

General

  • Clean and wash food prep surfaces regularly
  • Store foods properly
  • Make sure foods are cooked to correct internal temperature (use an internal thermometer to get an accurate reading).

Working With Food

  • Wash hands with warm soap and water for at least 20 seconds before working with food, and immediately after handling raw or under cooked items like meat, fish, or eggs
  • Avoid cross contamination by keeping raw meat, fish, or poultry products away from other foods.
  • Clean cutting boards and other food prep equipment regularly that are used to handle multiple types of foods.

Storing

  • Refrigerate perishable food within two hours to prevent bacteria growth.
  • Use or freeze fresh poultry, fish or ground meat products within two days, other meats, lamb etc. within three to five days
  • Canned foods are safe to store for a long period of time as long as they are kept in an area not exposed to freezing or temperatures above 90 degrees. Throw away any damaged or dented cans.

Cooking

  • Poultry products must be cooked to an internal temperature of 165 degrees.
  • Ground meats must be cooked to an internal temperature of 160 degrees
  • Meat products must be cooked to an internal temperature of 145 degrees at minimum.

Serving

  • Keep hot foods at 140 degrees or warmer
  • Keep cold foods at 40 degrees or colder
  • Do not keep perishable food out for more than 2 hours at room temperature, 1 hour if temperature is above 90 degrees.

Leftovers

  • Use food storage containers to properly store food in refrigerator
  • Eat cooked leftovers within 4 days
  • Make sure food is reheated to an internal temperature of 165 degrees.

 

If you or a loved one are injured due to a food borne illness, contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our experienced attorneys. Please also visit our practice area page on food borne illness at our website here for additional information.

Receiving Survivor Benefits through WC

Survivors Benefits

If you have recently lost a loved one due to a Workers’ Compensation injury or occupational illness, you may be entitled to receive survivors benefits through Workers’ Compensation.

 

Here are a few things to keep in mind if you are looking into receiving Survivor Benefits.

 

Eligibility:

Eligibility requirements vary from state to state, consulting with an attorney can help you figure out if you are eligible to receive Survivors Benefits in the state that the death or injury took place.

What qualifies for Survivors Benefits?

One of the main qualifications to see if your loved one’s Workers’ Compensation case qualifies for death benefits is proof that the injury or illness that occurred at work, either caused or was a prominent factor in your loved one’s passing. Having legal representation who has knowledge of the WC system, can help you figure out if your case has a high probability of receiving these benefits.

 

How much can I receive?

The amount can vary, as the percentage is normally calculated on the past employee’s wage, which can also vary by state. Furthermore, if you are receiving benefits through Social Security, a portion may be deducted which lowers the amount that you receive.

 

How much time do I have to make a claim?

Time limits can be very strict, and vary from state to state. It is important to seek legal representation as soon as possible if you feel you might meet the requirements for receiving benefits.

I have further questions, what resources are available to me?

If you have recently lost a loved one due to a WC injury or illness and are interested in inquiring about receiving Survivor’s Benefits, please contact our office at (303)-999-9999 or (303)-835-9342 to schedule a free consultation and speak with one of our highly experienced attorneys. Please also visit our website at www.boesenlaw.com for additional information.