Does Your Talcum Powder Cause Cancer?

Posted by Anapol Weiss on Oct 3, 2016 11:41:50 AM

According to recent reports, women are increasingly limiting their use of talcum powder products such as Johnson and Johnson Baby Powder and Shower to Shower after a connection was found between the products and ovarian cancer.  An increasing number of women are pursuing legal action against the manufacturers.

Research dating back to 1971 found traces of talc in ovarian and cervical tumors.  And, since then, according to the New York Times, “numerous studies have linked genital talc use to ovarian cancer, including a report earlier this month that among African-American women, genital use of powder is linked with a 44 percent increased risk for invasive epithelial ovarian cancer.” 

Juries have already sided with plaintiffs suing talcum powder manufacturers on two occasions, resulting in multi-million dollar damages being awarded.

The Anapol Weiss Unsafe Drugs team believes that drug companies must be held accountable when they fail to caution the public about dangerous side effects like ovarian cancer.  No patient should ever be blindsided by a life-threatening illness or disability caused by an over-the-counter product.

If you have any questions or concerns relating to talcum powder and potential links to ovarian cancer, Greg_spizer_Anapol_Weiss_Attorney.jpgplease do not hesitate to contact Anapol Weiss Shareholder Greg Spizer who is one of the leaders on our Unsafe Drugs team. 

 

 

 

Topics: Unsafe drugs, Product Liability

The Legal Talks Values and Hot-Button Issues with Tom Anapol, PA Assoc. for Justice President

Posted by Anapol Weiss on Sep 7, 2016 3:07:39 PM

The Legal Intelligencer interviewed newly elected president of the Pennsylvania Association for Justice,
Screen_Shot_2016-09-07_at_2.04.00_PM.pngTom Anapol
of Anapol Weiss, who shared his perspective on the organization’s mission as a voice for victims and employees to the broader legal community.

Mr. Anapol spoke with the Legal Intelligencer regarding the importance of strengthening membership through the promotion of diversity. He also reiterated the association’s core values of championing the rights of individuals and workers, and shared his perspective on forthcoming legislative issues that may bolster or undermine existing protections. Mr. Anapol also cited the importance of assuring continuity of victim and worker rights as technologies evolve, particularly in the case of autonomous vehicles.

Topics: Anapol Weiss, Medical Malpractice, Medical Negligence, Product Liability, Personal Injury, Auto Defects

Victims of Defective Products Deserve Justice

Posted by Anapol Weiss on Sep 2, 2016 10:50:03 AM

When it comes to defective products and manufacturing defects, it doesn’t matter whether it’s something as big as a truck or as small as a child’s toy, the manufacturer should be held accountable.

Unfortunately a lot of people who have been harmed by defective products are under the impression that only expensive, non-performing products can form the basis of a class action, but that is not the case. Even inexpensive products should perform as advertised with manufacturers being held accountable in cases of non-performance, including covering the costs of necessary repairs.

Some manufacturers have taken to using the magic of the “fine print” to force customers to unwittingly consent to something called “forced arbitration.” In doing so customers waive their right to sue or participate in a class action. The fact is, this practice has been abused to such an extent that it is now under review by the Consumer Financial Protection Bureau.  

We believe that manufacturers should be held accountable when their product claims don’t deliver as advertised. That’s why we’ve been taking on and winning product liability cases for more than 40 years. You can learn more about our product liability practice here

212_AnapolWeiss_Lawfirm.jpgAnapol Weiss Shareholder Sol Weiss is a widely recognized expert in product liability and class action cases. If you have experienced a defective product and have questions about your rights, contact his office

Topics: Product Liability, Defective Products

Federal Bill Updates Regulations on Chemicals in Everyday Products

Posted by Anapol Weiss on Jun 22, 2016 5:33:48 PM

More than 80,000 chemicals are used today in the U.S. Unfortunately, not all of them have been adequately tested. As a result of these regulatory failures, consumers are exposed every day to chemicals that have the potential to cause cancer, birth defects, and other catastrophic problems.

In an effort to better protect the public, Congress passed legislation this month that would allow the U.S. Environmental Protection Agency (EPA) to obtain more information about thousands of chemicals found in common products. Under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the EPA would be required to review the safety of all new and existing chemicals and would have to take action under strict deadlines. More specifically, the EPA would have specified deadlines to “… designate a certain number of existing chemicals as high- or low-priority for safety assessments and determinations and conduct safety assessments and determinations for high-priority chemicals.”

Further, the EPA would be required to “…prohibit or restrict the manufacture, processing, use, distribution, or disposal” of a new chemical or new use of an existing chemical if it will not likely meet the standard. The act also revises preemption provisions; once the EPA startchemicals.pngs a safety assessment, the preemption of state restrictions on high-priority substances begins.

The new act amends the Toxic Substances Control Act (TSCA) of 1976, which presently provides the EPA with the authority to require reporting, record-keeping, testing and restrictions related to chemicals. Many have argued the 40-year-old act is ineffective with the ever-growing production and use of both natural and synthetic chemicals. Even with the new act’s improvements to the TSCA, however, many believe regulations still fail to fully protect against chemicals linked to health problems.

The responsibility to protect consumers does not lie solely with the federal government, however.

Product manufacturers are also expected to test their goods and warn consumers of potential related hazards. People are unnecessarily harmed when they fail to do so. For decades, the attorneys at Anapol Weiss have been advocating on behalf of individuals who were injured and the loved ones of those killed by defective and dangerous products. If it happened to you or a family member, contact our firm to speak with a highly qualified product liability attorney.

Topics: Product Liability

Challenging Auto Manufacturers to Make Safer Cars and Trucks

Posted by Anapol Weiss on Jun 9, 2016 11:18:43 AM

Challenging_Automakers.jpgCrashworthiness refers to a motor vehicle’s ability to safely protect people during a collision. Cars and trucks must have various safety features, such as airbags, headrests, roll bars and seat belts, that are meant to prevent or lessen injuries. When these features fail, unnecessary injuries occur.

Automakers have, without question, a responsibility to sell cars and trucks with safety features that work properly each and every time. Unfortunately, automotive defects continue to occur and in greater numbers.  Industry analysts told MarketWatch that  safety recalls were “well above” usual in 2015, with a record 51 million cars recalled in nearly 900 campaigns.  The year 2016 could be another banner year with additional cars affected by the Takata airbag recall ­- another 35 to 40 million cars were added in May.  Some estimate that nearly one-quarter of all vehicles on the road in the U.S. could be subject to a safety recall.

Failure to Equip?

Some vehicle manufacturers began introducing ground-breaking safety technology to minimize or reduce the risk of crashes in their products beginning in the mid-2000s. Since then, others have joined the ranks but these features are either only being added as optional features or limited to luxury vehicles.

The absence of these safety features may cause an accident or serious injury. As a result, litigation surrounding the corporate decision not to include computer aided technology is rapidly trending in the court system. Some of the safety features whose absence may lend to a “failure to equip” claim include: automatic emergency braking with collision warning, lane control and lane departure warning, blind spot assist, and autopilot.

Holding Vehicle Manufacturers Accountable

Anapol Weiss is committed to taking auto manufacturers to task.  Over the past 40 years, we have battled with automotive giants such as General Motors, Volkswagen, Honda and Ford for design and manufacturing defects that killed or seriously injured passengers.

Vehicle owners and passengers have a right to expect the best protection possible from their cars and trucks. When an automotive defect results in death or catastrophic injury, our crashworthiness team will hold automakers accountable.

Topics: Auto Accidents, Crash Safety, Product Liability, Defective Airbag

Three of the Largest Automotive Defect Recalls in Recent History

Posted by Anapol Weiss on May 23, 2016 11:30:00 AM

In less than a decade, tens of millions of vehicles have been recalled after design and manufacturing flaws led to the death and injury of many unsuspecting people. Below are three of the largest recalls in recent history.

Takata Airbag Safety Recall

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For decades, firm Shareholder Larry E. Coben has been
standing up to huge auto manufacturers after their
defective products killed and injured people.

In May 2016, the National Highway Traffic Safety Administration (NHTSA) announced its expansion and acceleration of the Takata airbag inflator recall. The move adds 35 to 40 million additional inflators to the already recalled 28.8 million. This safety recall is the largest and most complex in U.S. history.

Takata initially announced the defect in 2013 following reports of airbag inflator ruptures that shot metal shrapnel at people during deployment. The defective airbags have been tied to ten deaths and more than 100 injuries in the U.S.

In 2015, the NHTSA imposed its largest historical civil penalty for Takata’s violations of the Motor Vehicle Safety Act. The agency also for the first time used its authority to accelerate recall repairs to the millions of vehicles that contain the possibly faulty airbags.

Toyota Sudden Unintended Acceleration

Toyota recalled 9 million vehicles beginning in 2009 after a combination of manufacturing flaws prevented drivers of several vehicle models from slowing down or stopping while the car was in motion. The floor mats in some of the vehicles jammed under the accelerator, whereas in others, the gas pedal would stick.

The defects may have led to 89 reported deaths, 57 injuries and more than 6,200 complaints involving sudden acceleration.

GM Ignition Switch Recall

General motors recalled 2.6 million vehicles worldwide after reports that their faulty ignition switches can suddenly be moved from the run position to the accessory or off position. Moving the ignition switch out of the run position while the car is moving disables the airbags and cuts off power brakes and power steering. At least 30 deaths and numerous catastrophic injuries have been linked to the defects.

Getting Justice

Drivers and passengers have a right to expect their vehicles’ design to offer them the highest level of safety and functionality possible. When a motor vehicle defect results in death or catastrophic injury during a collision, victims and their families deserve to know what happened and who is responsible.

Contact our firm today for assistance if you suspect an automotive defect played a role in a loved one’s catastrophic injuries or death. Our automotive defects and products liability team has decades of success obtaining justice for victims injured as a result of motor vehicle-related product defects, and we can answer any legal questions you may have.

Topics: Auto Accidents, Crash Safety, Product Liability, Defective Airbag

35 to 40 Million More Defective Airbags to be Recalled

Posted by Anapol Weiss on May 11, 2016 3:30:00 PM

The National Highway Traffic Safety Administration (NHTSA) is expanding and accelerating the Takata air bag inflator recall. The expansion means that all Takata ammonium nitrate-based propellant frontal air bag inflators without a chemical drying agent will be recalled.

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Was your vehicle recalled?

Download List of  Affected Vehicles

Ruptures of the Takata inflators have been tied to ten deaths and more than 100 injuries in the U.S., according to a press release by the NHTSA. The faulty airbags were reported to have shot shrapnel at people during deployment.

Takata will have to make a series of safety defect decisions that will support vehicle manufacturer recall campaigns of an additional estimated 35 to 40 million inflators – adding to the 28.8 million inflators previously recalled. The recall expansions will commence in phases between May 2016 and December 2019. The five recall phases are based on prioritization of risk based on the inflators’ ages and exposure to high humidity and fluctuating high temperatures – all of which have been determined to accelerate the degradation of the chemical propellant inside the inflator.

This is the largest and most complex safety recall in U.S. history. The NHTSA imposed its largest historical civil penalty in 2015 for Takata’s violations of the Motor Vehicle Safety Act. The agency also for the first time used its authority to accelerate recall repairs to millions of affected vehicles.

Obtaining Justice for People Injured by Vehicle Defects

Car owners have a right to expect their vehicles have been designed to provide them with the best protection possible. Victims and their families deserve justice when an airbag failure or other car defects result in death or catastrophic injury.

For decades, Anapol Weiss has been successfully advocating for those killed or catastrophically injured by defective airbags or other airbag failures. Contact our firm for assistance if you or a family member was injured as a result of a vehicle malfunction. Our highly qualified team can investigate and answer your legal questions.

Topics: Auto Accidents, Crash Safety, Product Liability, Defective Airbag

Airbag Injuries Caused by Unnecessary Deployment

Posted by Anapol Weiss on Apr 28, 2016 11:30:00 AM

Airbags save lives every day. However, motorists can be killed or severely injured when an airbag malfunctions and unnecessarily deploys. In addition to severe abrasions and burns, a person can sustain permanent eye damage, neck injuries and more. Further, a driver-side airbag that deploys while the vehicle is in motion endangers vehicle occupants as well as the people nearby on the road.

Some of the most deadly airbag injuries are not immediately visible. A study published in 2014 found that certain “hidden” cardiac and pulmonary injuries can result from airbag deployment – even if there are no visible injuries upon presentation at to the hospital. The study found that the main types of cardiovascular-related airbag injuries following airbag deployment are:

  • Heart attack
  • Aortic transection
  • Tricuspid-valve injury
  • Right atrial rupture 
  • Cardiac contusion
  • Aortic-valve avulsion
  • Cardiac tamponade
  • Hemopericardium

The study’s authors note that young children, short people, and those who sit closer than ten inches to an airbag’s location can sustain greater injuries.

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Certain defective airbags come with dangers all their own. The potentially explosive Takata airbags, for example, were reported to have shot shrapnel at people during deployment. The defect led to a massive recall of vehicles made by 14 different automakers in what the National Highway Traffic Safety Administration (NHTSA) called “the largest, most complex safety recall in history.” The explosive airbag deployment has been linked to seven deaths and more than 100 injuries.

Manufacturers are expected to produce airbags that effectively protect people from harm – anything less is unacceptable. For decades, Anapol Weiss has represented victims injured and the loved ones of those killed by malfunctioning airbags. Contact our firm for assistance if you or a family member sustained airbag deployment injuries. We can help.

 

Topics: Auto Accidents, Crash Safety, Product Liability, Defective Airbag

Time Limits for Filing a Product Liability Lawsuit

Posted by Anapol Weiss on Apr 20, 2016 3:30:00 PM

time limits on personal injury lawsuitsPeople injured by defective products must act quickly to protect their legal rights, as there are strict deadlines for filing a lawsuit.

Each state has a statute of limitations that limits the amount of time an injured person has to file a product liability lawsuit. Individuals who do not file product liability personal injury lawsuit within that time frame will be barred from seeking justice, regardless of the injuries they have sustained. Below are a few important points to know about these rules.

Statute of Limitations

The statute of limitations for actions stemming from personal injuries or wrongful death varies from one year to four years. Each state’s law must be considered because of variability.

Minors or Incompetents

One exception to the statute of limitations pertains to the situation when the injured party is a minor or has become incompetent. While the existence of this exception and how it applies may vary, the idea is that the statute of limitation is tolled until the minor reaches her age of majority. However, that exception does not apply to parents who seek recovery for permissible damages.

Discovery Rule

Most states’ statutes of limitations include a discovery rule, which means the clock doesn’t start to run until the injured person discovered or reasonably should have discovered the injury. In Pennsylvania, for example, a legal action must be brought within two years of the date on which the plaintiff knew or should have known an injury occurred and was caused by the actions of another.

Statute of Repose

In addition to the statute of limitations, some states also have a statute of repose, which imposes an even stricter deadline for those who want to bring a claim. A statute of repose provides a hard date within which a legal action must be filed after a certain event has occurred. This type of statute will often provide that a product manufacturer cannot be sued when the product at issue is more than 10 or 12 years old. It is a very harsh rule that often closes the courtroom doors on injured victims.

Obtaining Justice

Product liability is a complex legal matter that can involve a single injured person or thousands of people injured by a common issue. For decades, the lawyers at Anapol Weiss have been obtaining justice for people harmed by a variety of items ranging from helmets to medications to vehicles. We stand up against huge manufacturers and make them take responsibility for letting consumers get hurt.

It’s critically important that an injured person contact a lawyer as soon as possible to protect his or her legal rights. Contact Anapol Weiss for assistance if you were injured.

 

Topics: Product Liability

Product Liability: What You Should Know about Recalls

Posted by Anapol Weiss on Apr 18, 2016 11:30:00 AM

To protect the public from dangerous and defective merchandise and products, manufacturers and government agencies can issue or require the issuance of a recall to have a product repaired or replaced.

After a product is recalled, a notice will typically be sent to alert distributors, sellers and purchasers of the product that a defect exists and it needs to be corrected. Recalls may ban further sale of an item and/or ask consumers to return the item for replacement or repair.

 Toy_Safety.png

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Types of products that have been subject to recalls include (but are not limited to):

  • Household items
  • Safety equipment
  • Food
  • Toys
  • Vehicles and vehicle parts
  • Child safety seats
  • Cosmetics
  • Medications

Unfortunately, a defective product sometimes goes undetected until a person is catastrophically injured. As a result, the injured person may be able to sue the product’s manufacturer, distributor and/or seller for financial losses and physical harm caused by the product defect. The victim must prove that the product in question was defective and caused his or her injuries.

Issuing a recall does not necessarily protect a manufacturer from being held liable in a product liability claim. The manufacturer must prove it directly notified the plaintiff of the recall and adequately warned him or her about the dangers associated with the defective product. When a manufacturer fails to take those appropriate actions, they must be held responsible.

Contact Anapol Weiss if You Were Injured

Anapol Weiss has been the voice for people from all over the country who were injured by defective merchandise and dangerous products. Our defective product attorneys stand up to manufacturers – no matter how big – and make them take responsibility for letting unsuspecting people get hurt.

Contact our firm for assistance if you or a family member was hurt by a product defect. We can help.

 

Topics: Product Liability

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