Category: Uncategorized


$775 Million Dollar Settlement for Xarelto Lawsuits

Bayer AG and Janssen Pharmaceuticals (a subsidiary company of Johnson & Johnson) announced yesterday that it would pay $775 million dollars to settle all remaining U.S. Xarelto lawsuits.

What is the significance of settling the lawsuits?

The money resolves any pending U.S. lawsuits involving Xarelto. Furthermore, as a result of the deal, neither company is required to admit any sort of liability according to an article by Reuters.

What was the basis of the Xarelto lawsuits?

Plaintiffs sued the two companies over the claim that the companies (who collaborated on the production of the drug) failed to provide sufficient information about the risk of uncontrollable and/or severe bleeding that can result when taking the drug.

Why did they choose a settlement deal?

While Bayer AG has stated they believe these lawsuits lack credibility, the company released a statement that the settlement “allows the company to avoid the distraction and significant cost of litigation.”

Injured by a bad drug?

If you or a loved one has been injured as the result of a pharmaceutical drug 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 pharmaceutical drugs here for more information.  

Avocadon’t: Recall Underway over Listeria Fears

avocado

A massive avocado recall is underway over listeria concerns.

Who is behind the recall?

The California based avocado company, Henry Avocado, issued the recall after finding positive results for the bacteria during a government inspection of the food.

Who is affected by the recall?

Currently as of the writing of this post, at least six states are affected by the recall: Arizona, Florida, New Hampshire, North Carolina, and Wisconsin according to an article by CNN. Consumers are being advised to check for a “Bravocado” sticker on their avocado, and are being urged to return them to the store of purchase for a full refund.

What are the symptoms of listeriosis?

The symptoms of listeriosis include but are not limited to: muscle pain, headache, stiff neck, trouble with balance, and even upset stomach issues. Women who are pregnant, the elderly, and those with weakened and/or compromised immune systems are considered the most vulnerable if they contract the bacteria.

I have been diagnosed with listeriosis. What are my next steps?

If you or a loved one have been diagnosed with listeriosis or any other 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 here for more information.

Going Digital: Case Management Software and Law

When imagining a law firm one might think of a large maze of offices, coffee brewing in the breakroom, and file cabinets filled with various client files and papers. While some of this is true, technology has definitely taken shape in our law firm. We’ve recently switched over to a digital case management software in our bid to go paperless and secure our client’s sensitive information. Read on to find out why going digital is the way of the future and how it benefits our clients.

Everything is Kept in One Spot

Having centralized access to all files allows our office to be more organized and prepared. Whether a team member is away for the day or at a courthouse, our system allows us access to your case wherever there is internet connection. Furthermore, it allows a more collaborative nature to take place with everyone who needs access to the file being able to work on it in one single place.

Data Privacy

Our firm takes handling of client data very seriously. Fortunately, our case management system comes with a security certification that offers protection for e-mail messages, ensures identities of computers accessing the software, as well as prevention of alteration of software after publishing. Later this year our firm will begin using our software to send faxes, which are encrypted allowing for an extra layer of protection for your data.

How does it benefit our clients?

Our system allows us to keep accurate notes, assign immediate tasks, and keep data secure. By keeping data in a location, we are better able to help our clients with their needs instead of searching endlessly for documents or records.

Roundup Trial Moves to Second Phase

roundup

A federal jury out of San Francisco came to a decision Tuesday, deciding that glyphosate was a substantial factor in the diagnosis of non-Hodgkin’s lymphoma in a man. Glyphosate is a component used in commercial herbicide product Roundup distributed by Monsanto.

What significance does this decision have?

The finding means that the trial is now allowed to proceed to its second phase (read more about the significance of the separate trial phases here) which is to determine whether Monsanto can be held liable for the diagnosis of non-Hodgkin’s lymphoma in the plaintiff, Edwin Hardeman’s.

Is this the first two-part trial of its kind?

Yes, at the federal level. There have been other trials at the state level (like Dewayne Johnson out of California – read about the result of his trial here). The state level cases tend to move faster according to an article posted by CNN.

How does this impact other Roundup lawsuits awaiting trial?

The impact remains to be seen at this time. A spokesperson for Bayer AG, who owns Monsanto, was quoted saying that the decision “has no impact on future cases and trials because each one has its own factual and legal circumstances.”

I have been diagnosed with non-Hodgkin’s lymphoma after using Roundup. What are my options?

If you or a loved one has been diagnosed with non-Hodgkin’s lymphoma after extended use of the Roundup product 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 Roundup here for additional information.

Ride Share Accidents: What You Should Know

transportation

In today’s world we have a multitude of ways to get around. Driving, taxis, public transportation are just some of the few modes of transportation we can use. One mode of transportation that is rapidly surpassing other forms of transportation is ride sharing. Ride sharing can be an inexpensive and easy way to get access to transportation. However, a gray area can come in if you are involved as a passenger in a car accident in a ride share. Here are some things to keep in mind:

Get Help

If you are involved in an accident, be sure to call the police and notify them of the accident. If possible, try to move the accident out of the roadway and set up emergency cones etc. to alert other drivers to use caution and avoid the accident scene.

Take Notes

Write down details pertaining to the accident (time of day, weather conditions etc.), as well as include the information about your driver.

Weigh Your Options

Due to the fact that ride sharing laws (and who can be held liable) can vary from state to state, it may be beneficial to seek legal representation that can help you navigate through the auto injury claim process.

Injured in a Rideshare Accident?

If you or a loved one has been injured in a car accident through a ride share service 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.

 

 

 

Tips adapted from an article posted online from Inc. by author John White.

 

$29 Million Dollar Verdict Issued in Latest J&J Talc Trial

talc

A California woman diagnosed with mesothelioma was awarded a $29 million dollar verdict in her lawsuit against Johnson & Johnson over their baby powder.

Seven Losses

The losses continue to stack up for Johnson & Jonson. According to a Bloomberg article, this is now the seventh loss the company has suffered in its litigation battle with consumers who claim their talc based products have caused them to develop mesothelioma and ovarian cancer.

Significant Factors

The jury, which was made up of five men and seven women, asked Johnson & Johnson to compensate the plaintiff Ms. Leavitt after they concluded that asbestos within the powder was a “substantial contributing factor” to her diagnosis. They also concluded that the company failed to warn its consumers of the hidden dangers of using their product.

Internal Documents

Ms. Leavitt’s representation used the internal documents brought to public attention through an investigative Reuters article (read more about the article here) to demonstrate that Johnson & Johnson were aware of asbestos within their talc products, but chose not to make the public aware. Johnson & Johnson stated that they are looking to file an appeal of the case.

Injured as a Result of using Talc Products?

If you or a loved one has been injured through the use of Johnson & Johnson talc-based products, 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 talcum powder and ovarian cancer here for additional information.

Bike Safety Tips for Spring Riding

bike

Spring is on the horizon (Bomb Cyclone of snow aside) and with the warmer weather, many people will be looking to other modes of transportation to get to work rather than just driving. Case in point: more bicyclists on the road and the potential for more accidents. Here are some things to keep in mind to help minimize the chance of an accident occurring.

Be Aware

While it seems cliche, having an awareness of your surroundings can help prevent you from getting in an accident. Not using headphones to listen to music/talk on the phone, scanning the road ahead for potential obstacles are all important in keeping yourself safe.

Wear proper equipment (ie: Helmet)

Using safety equipment like a helmet can protect your head from a more serious injury if you do end up in an accident. If you are biking at night, wearing reflective clothing or using reflective equipment can help you be visible to other traffic on the road.

Injured in a bike accident?

If you or a loved one have been injured in a bike accident, 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 website here for additional information.

These tips were adapted from the AAA website

Man Killed in Back Country Avalanche

backcountry

An employee working for a backcountry skiing company died last Thursday after getting caught in an avalanche.

Where did the avalanche occur?

The avalanche occurred a little before 2 p.m. in Jones Pass according to an article by The Denver Channel – ABC 7.

What are the factors that led to the cause of the avalanche?

At this time no direct factors were noted that caused the incident, however the area has experienced very heavy snowfall as of late which has led to multiple road, ski area, and pass closures due to the high risk of more avalanches.

Who reported the avalanche?

The company who the employee worked for, Powder Addiction, notified emergency services about the avalanche. The employee was eventually able to be freed from the snow, however they were eventually pronounced dead at the hospital. The person was later identified to be Hans Berg of Empire, Colorado.

I have been injured in a skiing accident. What options are available to me?

If you or a loved one have been injured in a ski accident 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 website here for additional information.

Workers’ Compensation: Receiving Benefits

workers' compensation

When you are injured on the job, the workers’ compensation process can oftentimes be a stressful and confusing process. While having legal representation can make things a lot easier (see our blog post about having legal help for a WC claim here), it is important to know what benefits you may be entitled to as a worker, whether you hire a representative or not.

Payment of Medical Bills

If your injury claim is accepted by the insurance company, all medical treatment that is considered necessary will be billed to your employers insurance company. Under Colorado law, the company is required to make payments or let you know within thirty (30) days as to why they will not be making a payment for a certain treatment.

Wage Loss

If you end up missing more than three (3) days or shifts of work due to an injury, you may be entitled to start receiving disability benefits starting upon your 4th missed day or shift of work. These payments are called “Temporary Disability” payments and are to be paid every two weeks by your employer. These payments will be what is two-thirds (⅔) of your weekly wage – usually a benefit calculator is used to determine the correct amount to be paid to the injured worker.

Settlement

You may be also entitled to additional compensation upon the end of your claim. Keep in mind however that any payment may be offset, based on what your employer has already paid for wage loss.

Have a WC claim?

If you or a loved one have been injured on the job and need help with your WC claim 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 Workers’ Compensation here for more information.

 

The information above was found at the Colorado Department of Labor and Employment – Division of Workers’ Compensation website.

FDA Confirms Asbestos Present in Certain Claire’s Cosmetic Products

asbestos

The Food and Drug Administration (FDA) announced this week that they discovered asbestos fibers in three of Claire’s cosmetic products.

How long had the FDA been looking into Claire’s?

The FDA has been looking into reports about asbestos in Claire’s cosmetic products since 2017 according to an article by the Washington Post discussing the findings. Claire decided to voluntarily recall the products as a result. The affected products include compact powder, eye shadow, and contouring kits by the store’s own label (check out our other blog post on the products here).

Did the FDA place any restrictions on Claire’s as a result of the findings?

Unfortunately, no. Due to the guidelines of the administration which have not been updated since the late 1930’s, the most the FDA can do is issue a safety notice warning customers to steer clear of those particular products.

What has been Claire’s response to the release of the findings?

Claire’s has continued to deny that their products contain asbestos, saying that the findings have been “mis-characterized” according to a spokeswoman for the company.

I have been injured due to asbestos exposure. What resources are available to me?

If your or a loved have been hurt through exposure to asbestos, 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 asbestos here for additional information.