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Victims across the United States are filing individual afff foam lawsuits alleging that the PFAS chemicals in the firefighting foam are causing cancer. AFFF is an extremely useful foam often utilized by firefighters because the foam quickly extinguishes hydrocarbon-fueled fires. Steer clear of an afff foam class action lawsuit because only the foam class action lawyers benefit from class actions. Victims should file individual lwsuit not Firefighter foam class action lawsuits. Firefighters believed that the foam was both effective and safe and was the most effective way to put out a fire. Firefighters and residents who live near where the foam has been unleashed into the environment are now at risk of a cancer diagnosis due to the toxic chemicals in the foam.

Firefighter foam lawsuit lawyers

***This AFFF post was updated by an attorney on January 20th, 2023 so that readers can have the most up to date information.

Aff foam lawsuit

For many years and even decades, firefighters have used foam when they put out fires. Many firefighters have suffered from cancer caused by the foam. Hundreds of AFFF lawsuits have been filed in federal and state Courts against the manufacturers of Aqueous Film Forming Foam (AFFF). If you allege that you have been harmed by firefighting foam, you can pursue an AFFF lawsuit.

If you have a history or any experience as a firefighter or a commercial venture when you were exposed to aqueous film-forming foam (AFFF) you have a higher likelihood of a diagnosis of certain types of cancers that are linked to substances contained in AFFF.  If you suffer with cancer and were exposed to the toxic foam, you should consider an AFFF foam lawsuit. An afff lawsuit will help the victim hold the manufacturers accountable and help the victims get compensation

If a child, husband / wife/ spouse, father, mother or member of your family passed away as a result of cancer after enduring AFFF exposure, the victim or the victim’s loved may be able to receive substantial compensation through an aqueous film-forming foam lawsuit. An experienced high powered product liability lawyer can help you get top compensation and justice. You can be assured you will not be part of a firefighter foam class action.

Many people believe that only firefighters as well as military personnel are victims of AFFF. However, there are many other types of victims of this foam.

What are the FIREFIGHTING FOAM LAWSUIT criteria?

Exposure or usage to Fire Fighting Foam (AFFF).

Many victims lived close to a military base or were employed at a military base between the years of 1970 and 2016.

The afff foam was often utilized at these military bases AND the surrounding local supply of water was often determined to be tainted.

Generally acceptable criteria is Diagnosed 2011 or after.

Diagnosed with thyroid cancer, chronic kidney disease, bladder cancer, prostate cancer, pancreatic cancer, neuroendocrine tumors, ulcerative colitis, skin cancer, testicular cancer, leukemia, acute kidney failure, kidney cancer, lymphoma or other type of cancer.

Within the applicable statute of limitations.

Is there an afff foam class action lawsuit or is it an AFFF mdl?

There is no afff class action. There is an afff lawsuit known as an afff mdl. Below you will find an afff lawsuit update.

“This multidistrict litigation is currently comprised of approximately five hundred cases pending before this Court. Additional cases are expected to be filed or transferred to this Court in the coming months. These cases all involve varied causes of action and claims relating to per- or polyfluoroalkyl substances (PFAS). Plaintiffs generally allege that aqueous film-forming foams (AFFFs) containing perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), two types of PFAS, contaminated groundwater near various military bases, airports, and other industrial sites where AFFFs were used to extinguish liquid fuel fires. The plaintiffs allege that they were caused personal injury, a need for medical monitoring, property damage or other economic loss” https://www.scd.uscourts.gov/mdl-2873/index.asp

WHAT IS FIREFIGHTING FOAM?

Firefighting foam is also known as Aqueous Film Forming Foam (AFFF).  AFFF foam is rarely used to put out residential fires. The name literally explains how the substance puts out a major fire. Aqueous Film Forming Foam is utilized in places where there is a chance of a large fire. It is often available for use at airports or other venues where chemicals are located or there is a likelihood for a huge fire. In many cases, firefighters are using AFFF firefighting foam extinguishers.

Afff foam and AFFF firefighting foam extinguishers

AFFF is suppressant foam which is utilized to extinguish out of control and potentially dangerous fires. Scientists and medical personnel have linked the foam to cancer and various severe illnesses. Aqueous film-forming foam (AFFF) is basically water and also comprised of synthetic foaming agents, various solvents, and assorted surfactants. AFFF was used for decades by the military, firefighters, businesses as well as the aviation industry.

Water will not be enough to extinguish a petroleum fueled fire

Water will not be sufficient to put out a fire fueled by highly flammable petroleum.  Petroleum fueled fires spread rapidly and water alone will not do the job. When AFFF is mixed with h2o and spread onto a fuel fire, the mix creates a film like substance that cools the fire and becomes a smothering agent to the fire. This means that the fire then does not have enough oxygen to sustain the conflagrations. The flames are then extinguished in an expeditious manner.  Firefighter Foam is unquestionably effective in extinguishing fuel-based fires. The utility and effectiveness is never in doubt and that is why it is do widely used.

When you see firemen and firewoman spraying firefighter foam to put out flames, that afff foam is in actuality a complicated combination of various chemicals. The foam appears safe, but in actuality it is very dangerous. The foam is dangerous because of the ingredients that are harmful.

The vast majority of the ingredients in the foam is made up of air and water. On the face of it, this appears safe and effective. Nonetheless, the third ingredient is where the problem lies. This third ingredient is known as foam concentrate. Foam concentrate is made up of various chemicals. The problem appears to be that some chemicals are a type of substance known as PFAS. Specifically, firefighting foam contains perfluorooctane acid (PFOA) and perfluorooctanesulfonic acid (PFOS). These PFAS chemicals are infamous for causing health issues and problems

Dangerous chemicals are necessary to put out the fire

AFFF  literally smothers a fire. Firefighters spray the firefighter foam over the flames. The foam creates a thin layer that smothers the fire. This prevents the fire from emitting vapors. Eventually, the fire is deprived of the oxygen that it needs to keep going and would die out. However, in order to achieve this effect, dangerous chemicals are necessary to envelop the fire. They need a certain strength in order to form the layer that covers the fire. Specifically, they need to be resistant to heat to do their job in extreme temperatures.

AFFF lawsuit updates:

“Update- BALTIMORE, MD. (Friday, November 4, 2022) – The City of Baltimore today announced the filing of a lawsuit against over 20 manufacturers of aqueous film-forming foams (AFFF) and certain “forever chemicals” used in those products. In solidarity with the City of Philadelphia, which also filed a similar lawsuit today, Baltimore seeks to hold DuPont, Chemours, 3M, and others accountable for knowingly allowing the City’s waterways and water systems to come into contact with these substances.” Mayor Baltimore

8/9/2022- “According to allegations raised in a lawsuit recently filed by a former Air Force firefighter, exposure to aqueous film-forming foam (AFFF) used to fight petroleum fires throughout his career resulted in a testicular cancer diagnosis. The complaint (PDF) was brought by Gary Flook and his wife, Linda, in the U.S. District Court for the District of South Carolina on August 4, presenting claims against several chemical and safety equipment manufacturing companies as defendants, including 3M Company, BASF Corporation, and others.” About lawsuits

2-25-22- BOSTON, AFFF Firefighter Foam lawyers “filed a products liability lawsuit today on behalf of 14 Massachusetts firefighters in the United States District Court of Massachusetts against 28 manufacturing companies, including 3M Company, DuPont, Chemguard and Tyco Fire Products.”

2-16-22- “WORCESTER, Mass. – A group of 16 firefighters, including 10 from Worcester, filed a federal lawsuit on Tuesday against several chemical companies who either manufactured or used PFAs in the making of firefighting foam or gear. The firefighters allege turnout gear was extensively treated with the potentially harmful chemicals, also known as forever chemicals.”  Spectrum News

2/15/2022- A distributor  located in Auston Texas filed a lawsuit requesting that a Texas federal court determine that its insurance indemnity company should be required to pay for its lawyers fees and Court costs  related to a multidistrict litigation asserting that the foam is unreasonably dangerous. Law 360

Purposefully discharged

The AFFF lawsuits are pursued against companies that make aqueous film-forming foam (AFFF) which contain PFCs.  The manufacturers allegedly were engaged in the design, sale of, and or manufacture of AFF to various organizations.  These businesses and entities include; various airports, industrial processing plants that manufactures (or otherwise processes) chemicals to be used by: fire authorities, organizations which promote fire safety, and industrial type facilities.

These organizations and facilities are alleged to have purposefully discharged the AFFF into the natural world and sadly contaminate water that collects on the surface of the ground as well as water intended for drinking. The fire foam lawsuits assert that victims were exposed to elevated amounts of PFCs. Those victims have a greater likelihood to contract cancer and other severe complications.

Complications and AFFF side effects may include:

liver damage

immune system problems

complications in the liver,

high cholesterol,

hormone related thyroid issues

Kidney  Cancer

Other Cancers

The manufacturers of firefighter foam

There are many large chemical companies who have been in the AFFF market for decades. Some of the bigger players in the field include:

E.I. DuPont De Nemours and Co.

Tyco Fire Products

Chemours

DuPont

3M

Chemguard

Buckeye Fire Equipment Company

There are numerous other potential defendants in your AFFF foam lawsuit. It is imperative that you discover the corporation that made the firefighting foam that polluted the area in which you live or that you used on the job.

[davidslepkow]

Sadly, numerous veterans, their family members as well as workers at the  Camp Lejeune Marine base suffered organ cancer such as Bladder, Kidney, Prostate and Liver cancer that is linked to the contaminated water at Camp Lejeune. For over three decades, The federal government carelessly exposed service members and their families to a Litany of toxic chemicals at Camp Lejeune. Not knowing the danger, these marines and their families drank and bathed in heavily contaminated water. Although Camp Lejeune was designed poorly in a manner that increase the danger of the water, the exact hazards were not known for almost 30 years. Even after the federal government learned of the danger in which they placed these families, it was years before it fully disclosed the hazards to those exposed. By that time, Camp Lejeune victims were not able to file a lawsuit for financial compensation.

Speak directly with a Camp Lejeune lawsuit attorney NOW using our 24 hour hotline at 855-908-6822

[davidslepkow]

In a classic case of the fox guarding the henhouse, the task of writing new guidelines for hernia surgeries was given to doctors who were on the payroll of the hernia mesh industry. The result was predictable as the doctors drafting the recommendations came up with guidelines that overwhelmingly favored the use of hernia mesh. While this may well serve the doctors who were paid and the companies who make money, it certainly is not in the best interests of the patients who are at risk of being permanently injured by hernia mesh. Once again, industry scratches the doctors’ backs and the patients are the ones who lose.

The new guidelines are expected to apply internationally. This is important because the number of hernia surgeries overseas in emerging economies is on the rise. Thus, people in those countries will soon learn the pain that hernia mesh may cause.

THE NEW GUIDELINES: BOUGHT AND PAID FOR BY HERNIA MESH MAKERS

The main problem with the new standards is that they make hernia mesh the default option for surgical procedures. In fact, hernia mesh is  always be used unless it is not available or the patient has specifically requested not to use the mesh. The doctor must first mention hernia mesh to the patient and can only discuss other options after talking about mesh. They may not even reach a discussion of other choices unless the patient specifically asks.

DOCTORS MAY NOT EVEN BE TELLING THEM THE FULL RISKS OF HERNIA MESH

The problem is that many patients simply do not know enough about the risks of hernia mesh to make a request not to use it for their procedures. Their doctors may not even be telling them the full risks of hernia mesh, instead telling them that the surgery is safe and routine. The patient may be unaware that the authors of the guidelines were not exactly disinterested. The victim may learn years later that hernia mesh is anything but safe.

The guidelines were produced by a European group called HerniaSurge. They were immediately adopted by the American Hernia Society. This is a membership organization for surgeons and it claims to advance the science of hernia repair. In addition, other organizations that represent hernia surgeons internationally also signed on to the new guidelines.

AUTHORS WHO HELPED WORK ON DRAFTING THE GUIDELINES WERE NOT DISINTERESTED

Where the conflict comes into play is that dozens of authors who helped work on drafting the guidelines were not exactly disinterested. To the contrary, 50 of these authors received money from companies that are participants in the hernia industry. The funding was to help defray the costs of writing these guidelines.

Industry participants who helped fund the study included some of the largest makers of hernia mesh in the world, including Johnson & Johnson, C.R. Bard and Medtronic

The industry participants who helped fund the study included some of the largest makers of hernia mesh in the world, including Johnson & Johnson, C.R. Bard and Medtronic. Not only did these companies help pay the doctors, but other companies that profit off of the current hernia surgery process were also writing checks that these doctors cashed. Of course, HerniaSurge maintains that the fact that its study and results were paid for by the industry did nothing to influence the ultimate conclusions. However, it is not as if HerniaSurge could say anything different and still expect to be taken seriously.

HEALTHCARE COMPANIES OFTEN END UP FUNDING RESEARCH THAT MAY BENEFIT THEM

It is increasingly difficult to trust industry guidelines and even some medical research in this country given the role that companies play in funding research. Oftentimes, this results in findings that conveniently end up benefiting the companies who paid for the research. Even if the authors disclosed that they received money from the industry, it still does nothing to disturb the standards that they drafted and doctors follow. The mere disclosure does not undo the fact that the drafters of these guidelines show a bias towards hernia mesh in an exercise that is funded by the makers of hernia mesh.

In fact, over two-thirds of the funding for health care research in this country comes from industry. While companies often augment government funds and can even fill the gaps when the government does not provide enough money, there is still a question as to who ensures that the research that they provide is not biased. Here, in the case of the hernia guidelines, there are sufficient questions about the objectivity of the standards given the fact that they were paid for by the companies who stand to benefit the most.

NON-MESH OPTIONS ARE COMPLETELY LEFT OUT OF THE DISCUSSION

What makes these standards even more questionable is that they almost completely shut out non-mesh options. This does not reflect the current reality in this country where ten percent of the hernia procedures are performed without the use of mesh. Nonetheless, the new guidelines make it extremely difficult for doctors to even bring the possibility of non-mesh surgeries up to their patients.

SHOULDICE HOSPITAL IN CANADA USES MESH IN ONLY 1.5 PERCENT OF ITS SURGERIES

Research that is backed up by actual numbers shows that patients who have surgery without the use of hernia mesh actually experience five times fewer complications than those who have mesh surgery. Shouldice Hospital in Canada uses mesh in only 1.5 percent of its surgeries. It has its own method of tissue-only hernia repair, and its patients rarely suffer side effects of the surgery. However, doctors cannot even discuss Shouldice surgery with their patients until they have first brought up hernia mesh.

RISK OF A LIFETIME OF PAIN

Hernia mesh is one way to repair a hernia. After these new guidelines have had some time to take effect, it may become one of the only ways because they effectively silence those who advocate for alternative methods. As a result, patients end up at risk of a lifetime of pain as the hernia mesh may migrate or disintegrate within the body. This will cause them intense discomfort and will require numerous surgeries to remove it from the body if it can even be removed at all.

HERNIA MESH IS ALMOST A $4 BILLION BUSINESS

Meanwhile, now that the hernia mesh companies have been able to leverage their financial largesse to assert their dominance over the industry, they have seized the lion’s share of the market for hernia surgeries. Hernia mesh is almost a $4 billion business and it is growing every year as the number of hernia surgeries in the world moves past 20 million annually.

IF YOU HAVE BEEN INJURED BY HERNIA MESH, YOU CAN FILE A LAWSUIT

Those who end up being convinced to have hernia mesh surgeries without a full discussion of the options can have a legal claim if they end up with complications from the surgery. Here, the lawsuit would be against the company that made the hernia mesh.

Hernia mesh manufacturers have not been able to get away without being called to account for the product that they have sold. Now, they face thousands of hernia mesh lawsuits brought by injured patients. The first of these cases are beginning to go to trial in 2020. If you have been injured by hernia mesh, contact an attorney to file your hernia mesh lawsuit.

[davidslepkow]

Over the last century, appliances have improved the quality of life for American households. Functions that previously had to be done by hand could now be performed automatically. Appliances have made things easier in the kitchen and have made having clean clothes a quicker and more predictable process. However, appliances have also introduced danger into the American household. Making something electric brings on a new set of risks. Over the years, scores of Americans have been injured by defective products. There are numerous risks when you use a product that relies on electricity and operates at a high measure of heat. In general, appliances can be dangerous because so many things can go wrong. These are complex products that have wires, motors and many different parts. Any one of these parts can malfunction and injure a consumer. Sometimes, injuries resulting from defective appliances can cause death or severe, catastrophic injuries. If you loved one, spouse or child was severely injured as a result of a dangerous appliances get justice through a big time, high powered personal injury lawyer who has experience with litigating product liability lawsuits.

APPLIANCES CAUSE THOUSANDS OF INJURIES EACH YEAR

One research study shows that nearly one in every four household fires are caused by appliances. According to the Consumer Products Safety Commission, over 150,000 people will go to the emergency room every year because of household appliance injuries. The brands that consumers trust not only do not always deliver for them, but they can injure them too.

Here are some of the most dangerous appliances in your home: ● Stoves ● Refrigerators ● Microwave ovens ● Washing machines ● Dryers ● Toasters ● Space heaters ● Refrigerators ● Dishwashers

The most dangerous appliance on the above list is a space heater. You may have heard of a recent deadly fire in the Bronx that killed 19 people. The cause was a space heater. In the kitchen, surprisingly enough, the most dangerous appliance is a toaster. Every year, 700 people worldwide are killed by toaster injuries. With a toaster, people are directly touching and manipulating the appliance with their hands. Even smaller appliances that may seem harmless have caused serious injuries.

MAJOR RISKS FROM HOUSEHOLD APPLIANCES

Here are some of the major risks from household appliances that cause injuries:

Electrocution – Faulty wiring is one of the most common defects in a household appliance. When an appliance short-circuits, it can cause a fire or electrocution. Consumer products cause nearly half of the electrocution fatalities in the United States. Larger appliances such as washers and dryers have higher risks of severe electrocution injuries because they use more electricity. Even smaller appliances can be serious risks when they have defects such as exposed wiring. Burns – Appliances can cause burns directly when people touch them. This is common when they overheat during use. This happens most often with small household appliances, such as toaster ovens. There have been numerous examples of appliances such as coffee makers and deep fryers that overheat and cause burns to the consumer’s limbs and face.

Fire – Not only can users be burned by directly touching these appliances, but they may ignite the home. Faulty wiring and defective parts often cause fires. Stoves and ovens are especially risky because of the way that they use gas. Statistics show that ranges are by far the most common appliance to cause a fire. Dryers are the second-biggest cause of fires because of the extreme heat that they use to dry clothing.

Tipping – One of the overlooked risks of household appliances is that they may tip over and fall on someone. This is particularly true with larger appliances such as refrigerators. Manufacturers may try to cut back on their manufacturing costs, especially as raw materials are becoming far more expensive. They may use lower-grade steel that could lead to the appliance becoming unstable.

Carbon Monoxide – This type of poisoning is a silent killer. Colorless and odorless gas can escape from an appliance, and within minutes, the consumer can be sickened or killed. Carbon monoxide can cause brain damage through oxygen deprivation. Defective space heaters are one of the common causes of carbon monoxide poisoning.

INVESTIGATE THE CAUSE OF AN APPLIANCE INJURY

Right away, you should know that appliances should never cause you injury. However, before you can try to recover financially for the harm that your appliance has done, you must understand exactly what happened and why it was defective. You should have the appliance examined by an expert to figure out where the defect was. In addition, you should report the incident to the Consumer Products Safety Commission. They may have information on other similar defects that have injured people. There are several ways that you could recover financially for a defective appliance. The first is by proving an actual product defect. If you can do this, the defendant will be strictly liable for the damages that they caused you. The only way that they can escape liability is by showing that you did not use the product as intended.

LEGAL THEORIES IN A DEFECTIVE APPLIANCE CASE

There are three types of product defects:

● Design defect – there is a flaw in the design that makes it unreasonably dangerous for consumers ● Manufacturing defect – there was nothing wrong with the design, but the product departed from the intended design in the manufacturing process in a way that made it unreasonably dangerous ● Marketing defect – the seller knew or should have known of the defect and failed to warn the public about it

In addition, there are several other ways to get compensation for a defective product. You could prove that the seller was negligent, meaning that they acted unreasonably in designing, manufacturing or selling the product. Finally, you could receive compensation if you can show that the seller breached one of the implied warranties that come with buying a product. If your injury results from a product defect, you may be entitled to financial compensation. Manufacturers and retailers cannot sell products that are unreasonably dangerous. If they do, anyone who was involved in the process of selling it to you can be sued. However, these are complex lawsuits that require an experienced  product liability attorney. If you have been injured by a defective product, one of the first calls that you should make is to a product liability lawyer or wrongful death law firm.

[davidslepkow]

Malignant mesothelioma is a very rare cancer of the lining of the lung (pleural mesothelioma) or the lining of the abdomen (peritoneal mesothelioma). The only known cause of mesothelioma in North America is exposure to asbestos.

Asbestos Exposure

Typically, mesothelioma occurs 20, 30, 40 or more years after the first exposure to asbestos – although it can be as short as 10-15 years after first exposure. Unlike other asbestos-related diseases, even low exposures to asbestos can lead to the development of malignant mesothelioma. It is not uncommon for someone to develop this cancer after only a few weeks of exposure at a summer job decades earlier or from washing clothing worn by a worker exposed to asbestos on the job. There are even cases of mesothelioma developing in people who simply lived near a site where asbestos products were used or manufactured.

If you or a family member has been diagnosed with mesothelioma and you would like to discuss your case (at no charge) with an mesothelioma lawsuit attorney and member of the United States Supreme Court Bar click here.

Mesothelioma Symptoms

The initial symptoms associated with mesothelioma are usually pain in the back, chest or abdomen as well as fatigue and loss of weight. This is usually followed by an unexplained and sudden shortness of breath caused by a buildup of fluid (called a pleural effusion) between the lining of the lung and the chest cavity. A chest x-ray will usually look like it has a haziness on one or more sides of the chest or an entire lung may be hidden from view.

Usually, draining the fluid buildup (a procedure called thoracentesis) relieves the shortness of breath. In a few weeks, the fluid may build up again, requiring additional draining.

Mesothelioma Prognosis

Unfortunately, malignant mesothelioma is almost always fatal. Survival is usually limited to 12 to 18 months from the diagnosis, sometimes substantially less. There are some people, however, who have achieved long-term survival.

Asbestos Lawsuit : What You Should Know

Getting asbestos cancer diagnosis can be devastating. If you got asbestos cancer as a result of asbestos exposure at work, there is a strong chance you can get asbestos cancer compensation by filing  an Asbestos lawsuit. With the help of an asbestos cancer lawyer, you can get legal representation for compensation or settlement. Since the problem with Mesothelioma or asbestos related cancer is that it can take 20 to 30 years before you find out that you are suffering from this condition, you need to work on it as soon as you get diagnosed.

State statute of limitations in filing an Asbestos lawsuit

Apart from the set state limitations in filing an Asbestos lawsuit, the time you have is also limited. Furthermore, you need to consider the amount of time necessary in doing research and in compiling evidence for this kind of cancer. A majority of people who have this condition may have jumped from one job to another. This will make it harder for your lawyer to investigate on all your employers for signs of asbestos exposure. At the most, these lawyers will just hire a private investigator to do the research work.

Good asbestos law firm

It is not easy to find a good asbestos law firm these days. With the number of people who are coming out with complaints that they got their Mesothelioma or asbestos cancer from their previous or current employers, the chance of getting compensation or settlement is also at its peak. So if you will file your Asbestos lawsuit early, you should be able to get what want from your previous or current employer. To ensure a smooth flow of proceedings and processes, you need to get an experienced asbestos cancer lawyer. One who is knowledgeable about the health threats of asbestos poisoning and one who knows the full extent of the law when it comes to this kind of lawsuit.

Treatment for Mesothelioma

The treatment for Mesothelioma or asbestos cancer is not cheap. You need a lot of money to shoulder the chemotherapy sessions and other laboratory necessities. If you will be using up your savings or your retirement, you will find it stressful that you are not only finding it hard to support your family, you are also not able to secure their future anymore because of your condition.

That’s the reason why you need to get a good asbestos cancer lawyer and to file an Asbestos lawsuit. The compensation or settlement you can get will help you through your medical bills and it can also help you support your family. With all the pain and suffering this crippling disease has brought into your life, you can feel good knowing that you can now secure the future of your loved ones.

Mesothelioma

Mesothelioma or asbestos cancer is still considered a rare kind of cancer. It affects the linings of the lungs or the heart and abdomen. Though there are thousands of asbestos cancer cases every year, there are still a large number who has it without even knowing. This type of cancer is also more common in men than in women.

It seems that Mesothelioma or asbestos cancer patients still have one more year to live after asbestos cancer diagnosis. But several factors like early detection or aggressive treatment options can increase chances to live longer. But the result is the same : you still need to get a good asbestos cancer lawyer to help you file an Asbestos lawsuit.

The dangers of asbestos exposure and asbestos poisoning are not new to people anymore. If companies back then are not aware of the threats of asbestos to their workers, there are mandated laws now over the use of asbestos in commercial industries. This means, if there is still no protection against asbestos exposure for their workers, they should be held liable and they should be charged at the full extent of the law.

Dangers of asbestos exposure

In fact, most asbestos cancer patients are not afraid to come out and file charges against their employer. Filing an Asbestos lawsuit will prompt these companies to stop using asbestos-containing products. Mesothelioma or asbestos cancer may shorten your life but there is still hope for the people you love. This also goes for your fellow workers who are still left unprotected from the dangers of asbestos exposure. You can do your part in helping not only the other workers in your previous or current company but also in helping your family. Everyone has the right to safe working conditions.

How To File

To file an Asbestos lawsuit, you can seek legal representation by an experienced lawyer in getting asbestos cancer compensation. This is a good way to claim your right over your lost income and for them to cover your medical expenses as well as to pay for your suffering or pain. The settlements received by asbestos cancer victims are worth millions of dollars. With this amount, filing an Asbestos lawsuit can really help you and your family in the long run.

To have your case evaluated for FREE by an experienced and knowledgeable asbestos cancer lawyer who will help you file an Asbestos lawsuit, you need to fill up a compensation evaluation form. You can indicate your expectations and demands. After submission, you will be contacted within 24 hours if you qualify. With the asbestos cancer lawyer assigned to you, you can get more information about asbestos lawsuit proceedings, compensation or settlement.

Exposure to toxic asbestos

Many people in the United States have been diagnosed with Mesothelioma because of their exposure to toxic asbestos years before. We think that the companies responsible for their exposure should be held accountable for all the pain and damages caused by their negligence. Victims should be fairly compensated for theterrible consequences on their lives that these companies are legally responsible for.

Our site is dedicated to make victims know their legal rights by helping them get justice and compensation. Fill out our FREE Compensation Evaluation form and know if you qualify for compensation within 24 hours!

Asbestos Cancer

Mesothelioma is a rare form of cancer caused by asbestos exposure. It is a very aggressive type of cancer, and most patients die within a year of diagnosis. The symptoms of mesothelioma typically do not appear until 20 to 50 years after exposure to asbestos. There are factors which can improve mesothelioma prognosis and survival, such as early detection.

Mesothelioma Basics

Mesothelioma is cancer of the mesothelium. The mesothelium is the lining which surrounds your internal organs. In most cases, asbestos enters the body by inhalation. The most common type of mesothelioma affects the lining of the lungs (pleura) and is called pleural mesothelioma. Mesothelioma can also occur in the lining of the abdomen (peritoneal mesothelioma) and the protective sac around the heart (pericardial mesothelioma).

Mesothelioma occurs when asbestos fibers work their way into the mesothelium causing irritation and inflammation which eventually lead to cancer. As mesothelioma advances the cancer spreads to other areas of the body.

Mesothelioma Pain

Mesothelioma is an extremely painful form of cancer. Pain management is an important part of mesothelioma treatment. In patients who are in early stages of mesothelioma, who can still benefit from cancer treatments, pain management is more than a comfort and quality of life issue. Uncontrolled pain interferes with the efficacy of cancer treatment.

Patients who are no longer candidate for aggressive treatment still require palliative care which addresses the symptoms of mesothelioma and includes extensive pain management.

Mesothelioma Life Expectancy

Many factors affect life expectancy after a mesothelioma diagnosis. While it is still common for patients to die within a year of diagnosis, advances in mesothelioma treatment have greatly increased the number of patients who achieve a five year survival rate.

Patients who are diagnosed and begin treatment in the earliest stage of mesothelioma have the best chance of wiping out the cancer. Age is another important factor. Older patients may not be candidates for more aggressive treatments because their bodies are too frail. The subtype of mesothelioma also affects life expectancy. People with epithelioid mesothelioma tend to live long than those with sarcomatoid or biphasic mesothelioma.

Mesothelioma Detection

Mesothelioma patients and their doctors often overlook the cancer in the earliest stage because the early symptoms can be mistaken for the symptoms of other illnesses. Understanding of mesothelioma symptoms and awareness of any asbestos exposure risks which may apply to you can help you recognize the possibility of the disease so that you can tell your doctor that you need mesothelioma testing.

[davidslepkow]

Johnson & Johnson is a company that has been under serious legal pressure for some time. From its major liability in the opioid crisis to tens of thousands of lawsuits over asbestos in its talc powder, the company is facing fire on many fronts because it sells dangerous products. Now, the latest legal headache for the company comes from lawsuits filed over its Benzene sunscreen. The product has been recalled because it contains cancer-causing ingredients. Now, the company is being sued in multidistrict litigation in Florida by numerous plaintiffs.

Benzene in Sunscreen cancer lawsuit

In July 2021, Johnson & Johnson issued a recall of Neutrogena and Aveeno sunscreen. These products were found to have contained Benzene, which is a known carcinogen. This is not something that the company wanted to do. Johnson & Johnson often does everything it can to keep products on the market, even those that it knows are dangerous.

BENZENE WAS DETECTED IN INDEPENDENT TESTING

The product testing was not done by Johnson & Johnson, nor did the company warn the public of any dangers associated with its products. Instead, the testing was performed by a company called Valisure. This is an online pharmacy that is committed to product safety. Valisure has ordered numerous products and tested them for safety, including Johnson & Johnson’s talc powder. Valisure has performed an important role in keeping the public safe that companies themselves will not do.

Surely, one would expect that Johnson & Johnson would have tested its own product and known that it contained a known carcinogen. However, the company has a track record of knowing about its own products’ dangers and either concealing them or failing to alert the public of dangers.

JOHNSON & JOHNSON WILL NOT ADMIT THE DANGER OF ITS PRODUCTS

Even still, the company denies any knowledge that its sunscreens contained benzene. After Valisure released the results of the tests, the company claimed that it was beginning an internal investigation to learn how Benzene became a part of its products because it said that Benzene was not an ingredient in any of its sunscreens. The company claimed that it was recalling its sunscreens “out of an abundance of caution,” even though it denied that they were tainted with benzene.

BENZENE CAN BE A VERY DANGEROUS SUBSTANCE

Benzene is a highly-toxic substance that has been associated with cancers of the blood and the immune system. It is a colorless and highly flammable liquid. It is usually formed through natural processes, such as volcano eruptions and forest fires.Benzene is a widely-used chemical that can be found in:

Plastics

Lubricants

Detergents

Pesticides

It is also naturally found in crude oil and petroleum. One can imagine that this would hardly be a safe substance for humans to be exposed to as part of a household product that they breathe in when sprayed.

THE CANCER RISK THAT COMES FROM BENZENE EXPOSURE

The main risk is that someone exposed to benzene can develop leukemia. The substance has been shown to cause chromosome changes in bone marrow of lab mice. Research has also shown that people who have been around benzene at work have a higher rate of developing leukemia.

Unlike other substances, the international health agencies do not even hedge about the danger of benzene. The International Agency for Research on Cancer has classified benzene as a known carcinogen. There is a little doubt about the dangers of benzene.

Even if Benzene was not an active ingredient in the sunscreens, there is always the possibility that there was a defect in the manufacturing process that would have caused it to form in the sunscreen. This is how toxic substances often end up as ingredients of popular products. For example, the heartburn drug Zantac was tainted with NDMA because the instability of its active ingredient caused it to form the carcinogen over time, especially when the product was exposed to heat.

JOHNSON & JOHNSON IS FACING MANY LAWSUITS

There have been several class action lawsuits that have been filed against Johnson & Johnson. Consumers want their money back because they have purchased a recalled product that they cannot use. Beyond that, there have been lawsuits filed by consumers who claimed that they were injured after they used these sunscreens. Right now, the personal injury lawsuits are separate from the class action cases.

Most of the Johnson & Johnson sunscreen benzene lawsuits stem from use of aerosol sunscreen products. However, there are a number of plaintiffs who claim that they were injured from using Johnson & Johnson sunscreen lotions.

THERE IS MULTIDISTRICT LITIGATION IN THE JOHNSON & JOHNSON BENZENE LITIGATION

Right now, the Johnson & Johnson sunscreen lawsuits have been granted multidistrict lawsuit status. This means that the cases will proceed together as one right up until the time that the cases go before a jury. Then, each one of the cases is heard by a separate jury. Therefore, it is possible for some plaintiffs to win their cases, while others may lose.

As of now, the cases that have been consolidated are the consumer class action lawsuits. However, there have been some personal injury cases that have also been filed. If you or a loved one have been injured by any of these products, you have legal rights.

SUNSCREEN PRODUCTS THAT COULD POTENTIALLY CONTAIN BENZENE

While the litigation thus far has focused on Johnson & Johnson, there are other sunscreen makers that may have sold products that contain benzene. These makers could include:

Sun Bum

CVS Health;

Fruit of the Earth

Raw Elements

SunBurnt

Goodsense

Banana Boat

Coppertone

Not only is the maker of the product potentially liable, but the retailer that sold a product that sickened you could also be made to pay. This includes stores like:

Walgreens

CVS

Walmart

Target

The recall news just came out several months ago, and lawyers are still investigating potential cases against the product makers. Sunscreen cancer lawsuits are still in their early phases. If you or a loved one have been injured, we would like to talk to you about your case. We can help you file a lawsuit against the company that was responsible for your injuries. However, you have a limited amount of time to bring a court case for your injuries. Call us today to schedule your free initial consultation.

[davidslepkow]

BABY FORMULA LAWSUITS | SIMILAC BABY FORMULA LINKED TO NEC

Parents are sold baby formula from practically the first moment they seek out prenatal care. The baby formula companies make a fortune on these products, and they want parents hooked on using them. They sell the idea of an easy way to feed the baby, so the parents can be less stressed. In the process, they make hundreds of millions of dollars each year. However, these products are not always safe. Premature infants have been injured by a bacterial infection called necrotizing enterocolitis (NEC). This happens far more often when they are fed cow’s milk-based formulas. As a result, the makers of Similac and Enfamil are facing product liability lawsuits from parents of injured babies.

Baby Formula lawsuit

Premature infants have critical nutrition needs. They need to grow from their very low birth weight. However, they often do not have the strength to make the sucking motion necessary to breastfeed from their mother. Many doctors simply give them formula as an easier way for them to get nutrition. Research shows exactly how dangerous that approach is. However, this practice has persisted for many years.

HOW NEC PUTS A BABY’S LIFE IN DANGER

NEC is a very serious and potentially deadly condition. A premature baby’s digestive system is vulnerable and immature. When the baby develops an infection, they could suffer permanent damage. With NEC, the infection can permanently kill parts of the intestine. This makes a hole, and fluid can seep into the abdominal cavity. Losing a large part of the intestine can impact the baby for the rest of their life, if they even survive NEC at all. Up to 30% of babies who develop NEC will die from the condition.

In general, one in every 1,000 premature babies will develop NEC, but the rate is far higher among babies who received cow-milk formula.

COMMON SYMPTOMS OF NEC

NEC can cause the following symptoms in babies:

Constipation

Trouble gaining weight

Distended abdomen

Intense pain

Discolored vomit

If the infection progresses, the baby will develop symptoms consistent with an advanced infection. These could include:

High fever

Lethargy

Shock

Doctors will often need to perform emergency surgery to remove the dead parts of the intestine. They often need to do multiple procedures. In the meantime, the baby suffers pain and discomfort. If they have lost a large part of their intestine, the pain will persist for the duration of their life.

RESEARCH SHOWS THAT BABIES FED COW-MILK FORMULA HAVE A MUCH HIGHER RISK OF NEC

For years, research has shown that cow-milk based formula can harm premature infants. Some of this data goes as far back as the early 1990s. About a decade ago, there were several more studies that confirmed what the early data showed. Research has documented that premature babies who have been fed cow-milk baby formula are three to seven times more likely to develop NEC.

As a result, the American Academy of Pediatrics issued a 2012 recommendation to doctors to only give human milk to premature infants. This could include:

The mother’s milk

The mother’s milk with fortifiers

Human donor milk

Even with this warning and guidance, the makers of products like Similac and Enfamil failed to do anything in the face of mounting evidence that their products were dangerous. Initially, parents sued the doctors who gave these products to the babies. Parents won several major medical malpractice verdicts against physicians and hospitals when babies were seriously injured or died from NEC.

GROUNDS IN ENFAMIL AND SIMILAC PRODUCT LIABILITY CASES

Now, parents have begun to file product liability lawsuits against the makers of these infant formula products. There are two major allegations in these complaints. They are:

These companies have long known about the dangers of cow-milk based formulas to infant children, and they did not warn doctors or parents about the potential risks. This is a marketing defect.

There was a reasonable and safer alternative to use human milk in formulas marketed towards premature infants instead of cow-based ingredients. This is a design defect.

THE NUMBER OF BABY FORMULA NEC LAWSUITS WILL GROW

Parents have recently begun to file these lawsuits. Given the number of premature babies who have been given Similac and Enfamil, we expect the amount of these cases to grow. Right now, these cases are in their very early stages. At some point, we expect a motion to consolidate these cases into multidistrict litigation.

There are two major companies that are defendants in these lawsuits. They are:

Mead Johnson – the maker of Enfamil

Abbott Laboratories – the maker of Similac

These two companies each control approximately 40% of the baby formula market. Any baby formula maker who sold a defective product can be made to pay. Despite the dangers of these cow-milk based products, they are still on the market and have not been recalled.

WHAT FAMILIES CAN RECOVER IN A BABY FORMULA LAWSUIT

These are the potential damages that parents could get as part of an Enfamil or Similac lawsuit:

Medical bills for past and future treatment

Pain and suffering (these damages can be considerable – in one of the medical malpractice lawsuits, the plaintiff was awarded $5 million for pain and suffering)

Emotional distress

Lost wages if the child is not able to work in the future, or if the parents have to miss work to care for their child

Wrongful death damages if their child died from NEC

It is too soon to know how much these cases are worth. However, if the medical malpractice cases against doctors who gave babies this formula are any guide, we think that these cases could be valued at up to $1 million in a settlement, and even more if the case goes to a jury. Large multinational companies are not very sympathetic to a jury, especially when their product has seriously injured a baby.

CONTACT AN ENFAMIL AND SIMILAC LAWSUIT ATTORNEY

Given the potential damage awards, there are high stakes with these cases. You should consult with an attorney immediately if your baby has been given cow-milk formula and developed NEC. Your attorney will advise you whether it is best to file a medical malpractice case or a product liability lawsuit against the company that made the formula. What we do know is that the person or company responsible for harming your baby can be held legally accountable and made to pay for your damages.

[davidslepkow]

When it comes to ERISA long-term disability claims, UNUM has what can be charitably described as a poor record. The company has been in trouble with the government numerous times for conspiring to deny claims. This has become part of the corporate culture. UNUM is known as one of the country’s worst insurance companies. While its business practices make it billions of dollars, there is a long trail of hundreds of thousands of people who faced extreme financial hardship so UNUM can make money.

ERISA IS A LAW THAT FAVORS LONG-TERM DISABILITY INSURERS

When you are unable to work over the long term, you may have the ability to apply for long-term disability benefits. Your company may offer you a policy as a benefit. Since long-term disability through your job is an employee benefit, it is governed by the Employee Retirement Income Security Act of 1974 (ERISA). While you may think that this helps you, the reality is quite the opposite. ERISA actually gives insurance companies even more cover to do as they please with fewer consequences.

In order to receive long-term disability benefits, you must file a claim with the insurance company that your company uses for the policy. You must submit evidence that you are unable to work and that your condition meets the policy’s definition of a disability. Many times, the insurance company will deny the claim. As long as they follow the rules of ERISA, they have the ability to deny claims if they believe that you do not deserve benefits. Many times, they will end up putting their finger on the scale and denying your claim.

Even the appeals process is skewed towards them. The initial appeal of a claims denial is filed with the insurance company itself. They have the right to review their own decision. It is only after they deny your appeal that you have the right to go to federal court. When you do, you do not have the ability to call witnesses or introduce new evidence. You can understand why the ERISA process favors the insurance company.

COMPANIES LIKE UNUM DO NOT HAVE FREE REIN TO DO WHATEVER THEY WANT

While ERISA gives the insurance company quite a bit of power, they do not have unlimited license to do whatever they want. Even though they cannot be sued for bad faith, there is still an outer limit on what they are allowed to do. Apparently, UNUM crossed this line. In what turned out to be a major scandal, years of bad behavior came to light. Just over a decade, UNUM unreasonably denied hundreds of thousands of claims.

The Department of Labor opened an investigation into UNUM and punished it severely. Multiple states also opened their own investigations into the company’s claims practices. The company was ordered to pay a $15 million fine. In addition, the Department of Labor ordered the company to change the way that they evaluate and process long-term disability claims. Finally, the government ordered UNUM to reopen over 200,000 claims that were unfairly denied.

UNUM HAS NOT CHANGED, EVEN AFTER BIG FINES AND LAWSUITS

Unfortunately, despite an agreement with the government, nothing really changed at UNUM. The claimants who were promised a fair shot at disability benefits never got it, as UNUM only reopened a very small fraction of the claims. In addition, it was business as usual at the company. For UNUM, business means putting profits over people and denying claims in any way that they can.

Not only does UNUM deny claims whenever they can, but they also look for reasons to terminate benefits. They hide behind their large team of in-house doctors and lawyers to do everything that they can to take away the long-term disability benefits that you desperately need.

YOU CAN TAKE ACTION WHEN UNUM HAS DENIED YOUR LONG-TERM DISABILITY CLAIM

You can hold UNUM accountable for what they have done to you. People who have had their claims unfairly denied may be able to file or join a class action lawsuit against the company. UNUM has faced numerous class actions lawsuits for the way that it has handled and processed disability claims.

There are two ways to take action against UNUM when it has unfairly denied your claim. Of course, you have the ability to file an ERISA appeal. You can and should take your appeal as far as you can to hopefully get the benefits that you deserve.

Second, you can consult with an attorney with the aim of suing the company itself for damages. UNUM faced class action lawsuits in both 2004 and 2005, and the company has not cleaned up its act since then. Courts have certified classes of plaintiffs when they were based on a corporate scheme to use all methods to deny as many claims as possible.

In addition, the ERISA rules have been changed to make it easier to sue an insurer directly. Now, you have the legal ability to sue UNUM directly when they violate certain legal rules of the claims process, even if you cannot sue them for a bad faith denial.

In the meantime, UNUM continues to be called to account in various lawsuits after it denied benefits and appeals. In one case, the company denied benefits for a double amputee, combing through every nook and cranny of the record and surveilling her social media to try to argue that she had not proven that she was disabled and could work. In this case, UNUM never even examined the claimant in person.

This is just one of many cases where UNUM has not only denied a claim that should have been persuasive, but it also denied the appeal. Courts have routinely slapped down the insurer and have expressed amazement that claims had to go this far in court. The conditions are ripe for another investigation and class action lawsuit against UNUM.

CONTACT AN ATTORNEY TO TAKE ACTION AGAINST UNUM

First, you need to see an attorney to learn more about your legal options. Before you can sue UNUM directly for damages, you must fully appeal your ERISA disability denial. If you are looking to file a case against UNUM to make them pay for the unreasonable hell that they have put you through, we can help you. In the end, while UNUM may never clean up its act, cases like yours could teach it a lesson that arbitrarily denying claims to save money may be more trouble than it is worth.

[davidslepkow]

0 BIGGEST CAR RECALLS OF ALL TIME

Car recalls are not just a hassle for owners. They signify a dangerous problem that can cost lives if left unaddressed. Many of these recalls only happen after there has been a widespread problem that has already led to numerous critical incidents. Here are ten of the largest car recalls in history.

FORD (1981)

This recall did not just affect one model of Ford cars. It impacted almost every single Ford in existence. The company was forced to recall over 21 million cars from ten model years. The problem was a defect in the parking gear. The car often slipped into reverse after it was placed in park, causing it to move backwards. This problem led to over 6,000 accidents that killed 98 people. The recall did not fix the problem. Instead, it simply led to a warning that urged owners to put the parking brake on at all times to keep the issue from occurring.

FORD (1999-2009)

These recalls occurred over a decade, and they touched 15 million vehicles. Here, the issue was with the speed control system. There was an electrical problem that caused short circuiting in this system. This increased the risk that the vehicle could have an underhood fire. In total, there were seven recalls over a decade. The problem was so serious that NHTSA issued a safety bulletin to Ford owners who did not have the work done, urging them to disconnect the speed control system.

FORD (1996)

The automaker holds the dubious distinction of having the three largest auto recalls of all-time. This problem involved ignition switches. Again, the issue is that they had the potential to short-circuit. This had the potential to cause fires. The recall was to replace the faulty ignition switch. The difficulty for owners was that this problem could arise even when the car was parked and turned off for hours. Numerous owners had their cars catch fire in their garage, damaging both their vehicle and their home. The recall impacted cars over six model years.

GENERAL MOTORS (1971)

This was one of the earlier wide-scale auto recalls in the United States. General Motors could hardly be considered to have adeptly or even honestly handled the recall. Here, the problem was with the engine. The car had a separated motor mount that caused engine lift. This meant that throttle could momentarily increase out of the blue. In addition, the car could experience failures in steering and jammed accelerators and gear shifts. GM claimed that it was only doing the recall to “correct misinformation.” The company had originally denied that there was a problem.

GENERAL MOTORS (1981)

This recall affected nearly six million vehicles. While the problem seemed simple, the consequences were drastic. The bolts that connected the lower rear control and the car frame would fracture. This caused the control arm to drop from the car. This led to a loss of control of the car. The recall was to repair the bolts to keep the control arm attached. Prior to the recall, the defect was responsible for 27 accidents, although nobody was known to have died from the problem.

TOYOTA (2007)

This was another seemingly minor issue that became a major problem that led to 89 deaths. Here, the design of the floor mats caused them to interfere with the accelerator. The floor mats would shift while the car was moving, causing the accelerator to become stuck. The driver would not be able to stop the car. Carpets in the car would lead to unexpected acceleration. The company had to pay out billions of dollars in settlement for lawsuits claiming injury or wrongful death from the stuck accelerators.

FORD (1972)

This was one of Ford’s first major recalls. A connecting part on the seat belt would break, keeping the driver from being able to completely fasten the belt. The problem was with a part called a grommet which cost all of a few cents to make. Nonetheless, Ford had to recall all of the vehicle to replace this part with one made of a different material to ensure that the seat belts worked for all of its 1970 and 1971 model year cars.

GENERAL MOTORS (1973)

The underbody shields on the cars did not properly work. When driving over gravel or any other roads, stones from the surface would make their way into the engine compartment. This would cause the driver to lose the ability to steer. The recall was to install a gravel shield to keep these stones from entering the engine compartment. Part of the problem was that GM delayed the recall. The automaker was alleged to have known of the issue for six months before it took any steps to recall the vehicles. In total, 3.7 million vehicles were subject to the recall, and it affected Buick, Chevrolet, Oldsmobile and Pontiac lines.

HONDA (1995)

3.7 million cars were recalled due to a problem with the seat belt release button. Over time, the system would degrade, causing the buckle to fail. All of the problems were because of issues with seatbelts made by a company called Takata. You may remember the name because the company also made defective airbags that caused serious problems. The seat belt problems occurred in cars made by various Japanese automakers that use Takata seat belts, and Honda was the one that was most impacted.

VOLKSWAGEN (1972)

The way that the German automaker handled the recall shows how far car safety issues have come over the last 50 years. Here, there were problems with the windshield wipers screws coming loose that kept drivers from being able to see out the front windshield in a rainstorm. Volkswagen recalled 3.7 million to fix the issue, but it decided to hit drivers with the bill for repairs. Apparently, Volkwagen did not think that not being able to see out of the windshield in a rainstorm was a safety issue that merited the company footing the bill for the much-needed repairs.

If you or a loved one has been injured in a car crash that was due to a defective car or part, you may be entitled to financial compensation. Call a product liability attorney to learn if you have a possible case against the automaker.

[davidslepkow]

CPAP machines are used to treat those who have obstructive sleep apnea disorder. The machine takes pressurized air from the room and delivers it to the patient through a mask that they wear over their face. The CPAP machine depends on clear air because this goes directly to the patient’s lungs. It is the most common way of treating sleep apnea.  

Philips is a major manufacturer of CPAP machines. It has recently recalled several models of machines because of defects that make the air that patients breathe dangerous. Specifically, patients have been inhaling chemicals that can cause cancer while they sleep. The device itself has a foam in it that breaks down over time. The particles find their way into the air that users breathe and end up in their lungs.  

Phillips cpap lawsuit

THE PHILIPS MACHINES THAT HAVE BEEN RECALLED

This particular problem affects the following types of Philips machines:

CPAP machines

BiPAP machines

Ventilators

Not all models of Philips machines were recalled. Particularly, this recall affects four million machines, spread over 18 products. You should check the recall list to see if your particular product is on the list.  

Update 9-15-21-  In the beginning of September, Phillips drafted  an important press release stating that they have FDA approval to fix Dreamstation, which was  previously recalled. They also have clearance from the FDA to repair other CPAC machines that they manufacture.

HOW CPAP MACHINES TREAT SLEEP APNEA

Sleep apnea is a potentially dangerous condition in which the throat muscles relax while the person is sleeping. Breathing will repeatedly stop and start during sleep. The danger is that the person may not start breathing again. Even still, sleep apnea causes poor sleep, and it can have various other health effects. Patients will first visit a sleep lab, and a doctor who specializes in sleep may recommend a number of treatment options. They can range from oral appliances to machines like a CPAP.  

The CPAP machine consists of a mask and hose that is connected to a unit. Patients will also connect a humidifier to keep them from inhaling dry air that could cause runny nose or other reactions. The machine will come with a preset pressure based on what the doctor has recommended. The patient will connect the mask to the hose (which is connected to the unit). They will then place the mask over their face. Air will come through the mask directly to the patient’s nose.

WHY PHILIPS CPAP AND BIPAP MACHINES HAVE BEEN RECALLED

The problem with the Philips CPAP machine is that the air that users breathe is not always pure. Although the problem does not affect every single machine, a number of the Philips units have had issues that put users in potential danger.  

Here, the issue specifically relates to foam that was used in the unit itself. Philips designed the machine with foam to cut down on sound and vibration while the machine was in use. Specifically, this is called polyester-based polyurethane (PE-PUR) sound abatement foam.

The problem is that the foam can break down over time. The issue is even more pronounced when there is any humidity in the room. The foam degrades into small particles, and users end up breathing them in as part of the air that comes through the CPAP. People who use CPAP machines breathe this air for hours every single night. Over time, foam made out of chemicals can build up in the lungs. This can sicken CPAP machine users. There are risks that patients can develop lung cancer because of the toxins contained in these chemicals. There are also reports of other lung problems associated with the use of Philips CPAP machines.

OTHER PROBLEMS ASSOCIATED WITH PHILIPS MACHINES

In addition, users of Philips machines have reported the following problems:

Respiratory tract problems

Kidney and liver cancer

Headaches

Asthma  

The FDA issued a Safety Communication about the problem in June 2021. This detailed the voluntary recall of the products that Philips initiated. The Safety Communication described the issue that machine users could breathe in or swallow particles of foam, causing lung problems. Patients were advised to consult with their healthcare providers about whether they should continue to use the machines pending the recall.  

Philips will begin the recall work in October 2021. It may take the company up to a year to finish repairing the defective machines. In the meantime, patients will need to figure out another option to treat their sleep apnea.  

CONTACT A PHILIPS CPAP LAWSUIT ATTORNEY NOW

If you or a loved one have been using an affected version of the Philips CPAP or BiPAP machine, you should seek out an attorney immediately. In addition, you should also visit a doctor to have your lungs examined. If you are diagnosed with any type of cancer or other lung ailment, you have the legal right to file a lawsuit.

At this stage, product liability attorneys are still investigating the defects in this product. They are exploring the possibility of filing lawsuits against Philips for the defective machines. Already, consumers have filed a class action lawsuit against Phillips, but this seeks compensation for the amount of money that they spent to purchase the CPAP machine as opposed to for personal injury that they suffered.

However, we expect this to grow to be a large lawsuit. Hundreds of thousands of people have used the affected CPAP machines over the years, and the universe of possible plaintiffs is large. It may take some time for patients to realize that they have been sickened by these machines. They should seek a medical examination now, so that they do not have any issues with a statute of limitations.  

Right now, Phillips’ role in the product defects (besides allegedly designing and selling a dangerous product is still to be learned. If these cases proceed to discovery, attorneys may learn what Philips knew about these possible defects and whether the company continued selling the product after it knew of the dangers.

DAMAGES IN PHILIPS CPAP LAWSUITS

If plaintiffs are successful in these lawsuits, they may receive the following damages:

The cost of all of their medical bills

Lost wages for time missed from work

Pain and suffering

Loss of enjoyment of life

Wrongful death damages if a family member died from cancer

Possible punitive damages, depending on what Philips did

You should contact an attorney today to discuss your case. They will advise you what you need to do to prepare your possible lawsuit against Phillips. You have a limited amount of time after you learned that you have been sickened to file a lawsuit.