Archive for the ‘Uncategorized’ Category

Another Roundup with Monsanto

Friday, September 14th, 2018

A while back we talked about Monsanto and their use of glycophosphate (the principal ingredient in Roundup ™ ). We said it would be problematic and things will have to be determined. Well, it’s time that things start to get determined all right. And speaking of Time – you can check out their coverage of this right here.  

Long story short, the jury unanimously awarded the victim 39 million dollars, and socked Monsanto with $250 million dollars in punitive damages in a judgment for failure to warn users of the pesticide of potential health hazards associated with their chemical. Monsanto was bought by Bayer in 2016. And, what a surprise, Bayer will be retiring the Monsanto name. They probably hope that their reputation as a medicine maker will offset the negative associate the Monsanto brand carries.

But will that work? There are another five thousand cases already in the pipeline of the US’s legal system. Glycophosphates were found to be “probably carcinogenic” by the World Health Organization back in 2015. There is a correlation between farming with pesticides and incidences of non-Hodgkin lymphoma.  Monsanto claims it is safe, yet they have a study from over 30 years ago that says otherwise. That study, entitled “A Chronic Feeding Study of Glycophosphate (Roundup Technical) in Mice,” found a statistical increase in tumors in mice exposed to glycophosphate. And in 1985 an EPA statistician wrote disagreeing with Monsanto stand on glycophosphate. He wrote, “Glycophosphate is suspect. Monsanto’s argument is unacceptable.”

And yet here we are. We hope you aren’t having to deal with this terrible disease. But if you are, you need legal help. Talk to an attorney to find out how you can get that help. If you want to talk to us, you can contact us through the website or call us at 877-717-5342.    

Friday, July 20th, 2018

Pressure Cooking in Summer

As the weather is hot, it’s a nice break now and then to think of winter and the holidays.  When I think of the winter holidays, I also think about the great food associated with it.  We all want something good to eat, and here’s a link to some appropriate music to go with it.  Don’t worry – I’m not sending  you to Christmas music in July.

We all want to make something special for our loved ones, especially over the holidays. Alas, one company has made this challenging. Tristar Products makes a pressure cooker that they promoted as an “amazing, one-button kitchen miracle.” I probably wouldn’t use that word. That “kitchen miracle” has a habit of not being able to handle the pressure of the holidays – or any other time.

The Power Pressure Cooker XL has a nasty habit of exploding. This has caused severe burns to a number of people.

Pressure cookers can be tricky. Several companies that have made them and had problems over the years. But the problems with the Tristar model were so numerous that judges have approved a class action lawsuit to try to deal with the claims.

No one likes to be sold a faulty product. No one likes to get burned – Sorry, but in this case, pun intended. If that happened to you, let us help.

Blowback

Sunday, July 8th, 2018

Cars and trucks are a lot safer than they used to be. There have been numerous developments in safety over the years. In light of that though, the last thing we expect to be hurt by in a car accident is the so-called “safety” features.The Takata company made airbags for over 30 car makers. These airbags were used in both cars and trucks, work vehicles and luxury cars. Unfortunately over 70 million vehicles have been recalled because the airbags had serious problems.

Yes, problems – plural. They didn’t have a problem that made them unsafe, but they had multiple problems. Not only did they suffer from manufacturing problems, but they used materials that degraded in humidity and used ammonium nitrate as a propellant for the inflation device, even after some of their employees pointed out that ammonium nitrate has the nasty habit of exploding.

And explode they did. They have caused a number of deaths and injuries. Instead of just inflating the airbag to minimize injuries in the event of a car crash they threw fragments like a grenade. We hope you haven’t been injured because of an exploding airbag. If you have, give us a call.

Even if you haven’t – check out the National Highway Traffic & Safety Administrations website here. to see if your car was on the recall list. If so, don’t blow it off. Your life may depend on it.

Heartburn Keeping You Up Again?

Tuesday, June 26th, 2018

 

We spoke back in July about dangers of using prescription proton pump inhibitors (PPI’s) for heartburn. As if the general problems weren’t enough to give you heartburn, how about this one? A medical study published by JAMA (Journal of the American Medical Association) in 2016 concluded that “Proton pump inhibitor use is associated with a higher risk of incident CKD (Chronic Kidney Disease).”  A new study published this past April appeared in the Journal of American Nephrology found that patients taking the PPI drugs had over 90 % probability of developing kidney failure, and almost a 30% increase in developing chronic kidney disease than those taking another type of medication.

Many think that PPIs are over prescribed. While no one wants to suffer from heartburn, there are safer alternatives available that don’t have such high risks of kidney damage. It’s not worth causing a problem that may wind up being fatal.

If you have been prescribed PPIs from the list below and have wound up with kidney problems, please give us a call. We can help -with the legal heartburn at least.

Nexium (esomeprazole magnesium)  
Aciphex (rabeprazole)
Protonix (pantoprazole)
Prevacid (lansoprazole)
Zegerid (omeprazole / sodium bicarbonate)
Dexilant (dexlansoprazole)
Prilosec (omeprazole)
Vimovo (esomeprazole and naproxen)

Dicamba – Further Questions

Friday, June 8th, 2018


A couple months back we promised you some interesting questions regarding the dicamba controversy. Here are some interesting controversies this case brings up beyond just the damage to crops. None of them have simple answers.

First, is Monsanto being held to an unfair standard? They make a product. The product comes with instructions. Is the manufacturer liable if the instructions are not adhered to?

How do we know if the product instructions are followed? Who is going to police the actions of farmers to make sure the instructions are followed so not to damage a neighbor’s crops? Did the manufacturer make a product assuming that the instructions would not be followed close enough to prevent damage to neighboring crops?

Next, with ever increasing technology, will farmers be forced to purchase Monsanto’s dicamba resistant products just to be able to bring their crops to market? Where does corporate R&D move from simple one-upmanship to deceptive trade practices?

I promised you questions. I don’t have answers for these just yet. Several of these cases will be headed to court. Those cases might provide some of the answers.

Or, they may just provoke even more questions. We’ll have to see.

Meshy Business

Saturday, May 26th, 2018

You’ve heard the expression – always go with your gut feeling.  If your gut tells you something is wrong, even if you can’t figure out what it is, check it out.

Back in June we talked about Johnson & Johnson’s subsidiary Ethicon and that they were withdrawing their Physiomesh product from the market. The Physiomesh is a fabric inserted into the body to help repair hernias. The Physiomesh was withdrawn for high revision rates. If you recall, the revision rate is measurement of how often a medical procedure such as surgery has to be redone. So if two out of every hundred procedure needed to be done the revision rate would be 2%.

In defending itself in a Georgia lawsuit regarding the failure of the Physiomesh to do an adequate job, one of the defenses Ethicon is putting forth is the physician instructions.

Let’s think about this.

Let say I make 300 peanut butter and jelly sandwiches, 100 each with three different brands of bread. If the jelly squirts out the sandwich needs to be remade – we’ll call that the revision rate. So if the jelly squirts out twice with brand A bread, brand A has a 2 % revision rate. If the jelly squirts out four times with brand B, brand B has a 4% revision rate. Let’s say that the jelly squirts out twenty times with brand C. 

Now explain this to me – Did the instructions of how to make a PBJ really affect how often the jelly squirted out of the sandwich? Or was it the bread?

I know this is oversimplifying things, but in this instance the jelly squirting out is someone’s innards and probably pretty darn painful. And redoing abdominal surgery is a lot more pain and expense than making a sandwich.

Instructions? My gut says otherwise. How about yours?

If you are having complications due to Physiomesh, give us a call.

Let’s Not Make Kids Sicker

Tuesday, February 20th, 2018

 

No one likes to see their child suffer. When you kid is sick you want to comfort them and do anything you can to make them feel better.  And while the flu can be serious, it could be much worse.

But the last thing you want to do as a parent is make it worse.  But inadvertently some parents and drug makers are doing just that.

It’s one thing to have a kick sick with the flu, but psychosis and hallucinations?  Sometimes so bad that poor child wants to jump out a window?  That’s serious stuff.  I wish this wasn’t a  real example.  I’m usually a fan of a good flu pun, but I just didn’t think it appropriate this time.

Unfortunately, these can be some of the side effects of the popular flu medicine Tamiflu (also known as Oseltamivir). These are common enough that the drug has been banned in Japan for use in children for over a decade. The flu can be serious, but would you prefer that to potentially permanent neuropsychiatric problems, brain infections, convulsions, delirium and delusions?

We all want to relieve our children’s suffering. But parents and doctors need to be aware of the side effects that might be attached to the drugs given to relieve the suffering.

Call If You Have Cancer After a Hysterectomy Due to Morcellation

Thursday, July 28th, 2016

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If you have been diagnosed with upstaged uterine or abdominal sarcoma or leiomyosarcoma, call our law firm. At The Garmon Law Firm, we help women and their families after a devastating diagnosis has been delivered. You are an integral part of your family and getting sick can cause everything to stop while you receive ongoing medical care.  This can harm both you and your entire family emotionally, mentally, and financially.  Not being able to work or needing to hire someone to help you, can have a significant financial toll, but, there is hope.  You may not have come down with this condition for no reason. You could be suffering due to a medical procedure using the powered morcellator.  If so, you are entitled to financial compensation, something that we can help to recover as your injury attorney.

Maximizing the Value of Your Claim

You could be entitled to financial compensation, if your condition was caused by a faulty medical device or your doctor performing your hysterectomy without giving a proper warning of the risk associated with it.  In this case, we will evaluate what you have paid to-date in medical bills and what you are likely to pay in the future.  We will also analyze how your quality of life has been impacted and how much money you have either lost or had to pay due to your condition.  You could receive compensation for things like –

  • Diagnostic services
  • Procedures
  • Hospital stays
  • Hiring help for the house
  • Needing to secure child care
  • Being unable to work
  • A spouse needing to take time off to care for you
  • Pain and suffering
  • And more

At The Garmon Law Firm, we account for all of the ways that your life has been negatively impacted through the use of the morcellator device and work to ensure that you receive as much compensation as possible.

About the Morcellator Device

The FDA issued a warning in November of 2014 which was an update of the original warning issued in April of that year. The warning went out to healthcare providers, cancer advocacy groups, manufacturers of devices used for minimally invasive surgeries, medical associations, etc. In other words, the medical community has been made aware of the dangers associated with this device and method of performing a hysterectomy. Typically, it has been used for women undergoing a hysterectomy or myomectomy.

The problem is that one out of every three hundred and fifty women that undergo a hysterectomy, in order to remove fibroids, have a specific type of uterine sarcoma which can lead to uterine cancer. The problem is that when a laparoscopic power morcellation is completed, there is no way to tell if the cancer exists and, as a result, cancerous cells may spread.  If this has happened to you, you have the right to seek financial compensation and at the Garmon Law Firm, we can help you to do so.

 

Johnson & Johnson Mesh Slings Cause Erosion, Pain, Incontinence

Wednesday, July 13th, 2016

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Hundreds of lawsuits have been filed against Johnson & Johnson due to complications caused by their transvaginal mesh slings. The mesh slings, or Mentor ObTape sling, is used to treat stress urinary incontinence (SUI) and pelvic organ prolapse (POP) in women. This mesh was originally used to treat hernia repairs in the 1950’s. In the 1970’s doctors began using the mesh abdominally to treat SUI and POP. Physicians cut a piece of mesh into the desired shape and surgically implanted it in the abdomen.

The Food and Drug Administration did not approve the use of transvaginal mesh until the year 1996. The FDA did not require studies of the drug on humans before they approved it. These transvaginal mesh slings have been found to cause major complications in women. The mesh can erode through the tissue of the vagina and cause bleeding and painful intercourse. In some cases, the erosion goes into the bowel and can lead to infection. Some women experience incontinence, pain, and discharge. Often women undergo revision surgeries only to discover that the mesh has become absorbed into the tissue of the vagina and cannot be easily removed.

Physicians and consumers were not warned of these possible complications until it was too late for many women. Pharmaceutical manufacturer Johnson & Johnson has agreed to settle over 100 lawsuits regarding their mesh sling product, awarding some women over a million dollars.

What you can do

If you or someone you know has used mesh slings and suffered any of the above injuries contact us today. We will evaluate your case to determine if transvaginal mesh is to blame for your complications. These types of injuries can take a heavy toll on people both physically and financially. We know how difficult this can be for you and your family. Contact the Garmon Law Firm today to get the compensation you deserve.

Product Liability: Pursuing Justice When Manufacturers Fail You

Monday, March 21st, 2016

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Many products on the market are carefully tested and labeled for consumer protection. Some products, however, present a serious threat to consumers. Using these products can result in injuries and harm. Common dangerous products include:

  • Vehicles,
  • Prescription and over-the-counter medications,
  • Household items,
  • Some types of Toys.

In some cases, the manufacturer fails to warn consumers about known problems or hazards. For example, a pharmaceutical manufacturer may fail to notify consumers of dangerous side effects that may exist with their medications. A toy manufacturer may receive reports of consumer injury but not take action for fear that a recall would be costly or harm their image. In these cases, the manufacturer may be held liable for not notifying the public or providing sufficient warnings regarding their products.

In other cases, problems occur during manufacturing. When manufacturers do not work aggressively to ensure that they adhere to proper standards, products may be deemed unsafe. For example, if a cookie manufacturer does not properly maintain their baking equipment and metal shavings accidentally get baked into the cookies, they may be liable for any injuries that may occur.

Sometimes the design of the product, itself, presents a problem. For example, large top-heavy sports utility vehicles may be prone to flip when the driver turns rapidly. If a design flaw caused the product to be inherently unsafe, they manufacturer may be held responsible.

In order to pursue a product liability case, we must be able to show that the product itself caused harm. We may employ the help of experts to analyze the item to determine what dangers exist. It is important to keep any materials that may be related to the dangerous product. Retain product packaging, the product itself, any instructional materials that came with it, and a product receipt if you have it.

Do not hesitate to contact the Garmon Law Firm for help in your case. Remember, you can contact us at any time for a free, no obligation consultation. Often we can tell you whether or not you have a case during our initial conversation. Manufacturers that produce dangerous products must be held responsible when consumers are injured. We will put you first and demand the compensation you deserve so that you can recover from your injuries. Contact the Garmon Law Firm today online or by phone at 256-543-HURT.

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