Category: Uncategorized


Workers’ Compensation: Receiving Medical Treatment

injury

When going through the Workers’ Compensation process, several questions can come up. How do I go about how the process of receiving medical treatment occurs? Will I receive income benefits? What happens next? Below are some things to keep in mind when receiving treatment for a work related injury.

Choice of Doctor

Unlike an injury that occurs outside of work, you may not be able to receive payment for your medical treatment if you decide to choose your own doctor to provide your care. However, if your employer does not provide you with a medical provider to seek treatment from, you are allowed to choose a provider yourself as per the Department of Workers’ Compensation Website.

Temporary Total Disability Benefits

If you injury claim is admitted and you are not able to work according to your workers’ comp. doctor, Colorado law protects you by stating that an insurance company should be paying ⅔ of your average weekly wage while you are unable to work.

Reaching MMI

During treatment, your doctor or treatment provider will provide routine status reports noting your progress. Once the provider has decided that you have made as much improvement from your injury as possible, they will place you at MMI or Maximum Medical Improvement.

Injured on the job?

If your or a loved one has been injured while working 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 Workers’ Compensation here, as well as our other Workers’ Compensation blog posts here and here for more information.

J&J Announce Three Settlements for Talc Lawsuits

Johnson & Johnson

Johnson & Johnson announced three quick settlements last week over lawsuits involving their talcum powder.

Where did the lawsuits originate from?

The suits varied by state from Oklahoma, New York, to California. All the cases involved individuals who had been diagnosed with mesothelioma and stated that their use of Johnson & Johnson’s talcum powder was a significant factor in causing the diagnosis.

What were the settlement amounts?

As of this time, Johnson & Johnson has not released details of the settlement amounts to the public.

What is the significance of these settlements?

It could signal a shift in how the company is approaching these types of lawsuits. Jean Widen who is a law professor at Widener University was quoted in an article by Bloomberg saying that “It looks like they have decided to cut their losses and move on..often times that kind of individual scrutiny will produce settlements.” Johnson & Johnson have commented that despite the settlements, they still stand by the safety of their talc products. A spokeswoman for the company commented that there are currently no plans to change their legal approach to handling these types of lawsuits in light of the settlement agreements.

Diagnosed with mesothelioma or ovarian cancer?

If you or a loved one has been diagnosed with mesothelioma or ovarian cancer as a result of using Johnson & Johnson talcum 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 more information.

$80 Million Dollar Verdict Announced In Roundup Case

Johnson & Johnson

A California federal jury announced a $80 million dollar verdict in a Roundup trial brought against Bayer AG and Monsanto by plaintiff Edwin Hardeman.

What was the basis for the lawsuit?

Mr. Hardeman claims that his prolonged exposure to glyphosate caused his diagnosis of non-Hodgkin’s lymphoma (get more details on the specifics of his case here).

What is the significance of the verdict?

This could potentially set a precedence for the 11,000 other pending Roundup cases at the federal and state level according to CNN. Bayer AG who is the parent company of Monsanto has stated they do not believe this verdict will have any effect on future lawsuits.

Are there plans for an appeal?

Yes. Bayer AG has announced they plan to file an appeal of the ruling.

Injured by Roundup?

If you or a loved one has been diagnosed with non-Hodgkin’s lymphoma due to prolonged exposure to Roundup 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 more information.  

$270 Million Dollar Settlement Announced in Purdue Pharma Lawsuit

opioid

The Sackler family who are the founders of Purdue Pharma that developed the opioid OxyCotin have agreed to pay $270 million dollars as part of a settlement in an Oklahoma lawsuit against the company.

Who brought the lawsuit against Purdue Pharma?

The Oklahoma attorney general brought the lawsuit against the company claiming that aggressive marketing tactics led to a statewide epidemic that has cost the lives of many in the state.

What are the terms of the settlement?

Of the $270 million dollars $100 million will go towards establishing an addiction foundation and research center to help further understand the crisis on a national level with $15 million dollar payments annually for a five-year period. $20 million will go towards providing rescue medication and treatment at the center also over a five-year period. The remaining sum of money will be given to cities and communities statewide to help them battle the crisis according to an article by CNN.

Are there any other lawsuits being brought against Purdue Pharma?

Yes. Thirty-six other states have filed lawsuits against the company (including the Massachusetts attorney general – get more info about that lawsuit here) and are awaiting to go to trial. There is a possibility that a precedent can be set with the Oklahoma lawsuit and how it can affect the other lawsuits moving forward.

Affected by the opioid crisis?

If you or a loved one has been affected by the use of OxyCotin or other opioids 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 pharmaceuticals here for more information.    

$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.