THE PREMIER
PERSONAL INJURY FIRM OF OMAHA
Chris and James Welsh of Welsh & Welsh
Proudly fighting for the Omaha community for over 65 years.

$417 M Recovered for Victim of Cancer Caused by Talcum Powder

Published on Oct 4, 2017 at 11:27 am in Product Liability.

Eva Echeverria recently sued Johnson & Johnson last August for $417 million dollars because she claims their talcum powder caused her to develop ovarian cancer. The 63-year-old woman says she had used Johnson & Johnson talcum powder on a regular basis since she was 11.

There are hundreds of other ongoing cases against Johnson & Johnson in California. Echeverria, who lives in Los Angeles, is part of a handful of people who have verdicts against the company.

Echeverria stated during the court case that she wouldn’t have continued to purchase the powder if there had been a label informing the buyer of possible risk of ovarian cancer. Legally, Johnson & Johnson didn’t have to do this because powder is considered a cosmetic, so the US Food and Drug Administration doesn’t have to review it.

Is a Popular Surgical Blanket Potentially Dangerous?

Published on Sep 5, 2017 at 1:27 pm in Product Liability.

Surgical blankets are used during long surgeries to help regulate a patient’s body temperature.  One of the most popular surgical blankets, used in 4 out of 5 hospitals today, is the 3M Bair Hugger warming blanket.  Since 1987, the Bair Hugger has been used in over 200 million surgeries nationwide.

The Bair Hugger warming blanket works by sending heated air through a hose and into a blanket that is draped over a patient during long surgical procedures.  These single use blankets are common in orthopedic joint replacement surgeries, like knee and hip replacements.

Artificial joints are especially susceptible to infection.  Bacteria naturally found in the air enters the body and immediately begins to search for a place to settle and grow.  Anything that is artificial inside the human body will be a bacteria’s first choice location, as it is not living material with antibodies ready to fight the bacteria off.

What Does a Mass Tort Case Mean for Me?

Published on Jul 12, 2017 at 11:00 am in Product Liability.

A mass tort lawsuit, often referred to as a multidistrict litigation claim or MDL claim, is a type of personal injury case consisting of multiple claims from multiple clients across different areas going up against the same company, institution, or group. Plaintiff attorneys work together to handle the claims and bring them before a judge and jury as one cohesive case. This simplifies the trial process for every client and lawyer involved and helps strengthen the overall case.

The most common types of mass torts are product liability claims and dangerous drug lawsuits. Defective medical device claims are also common. These claims are ideal for multidistrict litigation since the claims often mirror one another. When multiple plaintiffs file claims against a drug manufacturer, for instance, the victims often share common complications, symptoms, and negative side effects that serve as grounds for that lawsuit.

How Dangerous is Hernia Mesh?

Published on Jun 21, 2017 at 2:49 pm in Product Liability.

Flexible hernia mesh patches are often used to repair abdominal wall (ventral) hernias in patients to reduce the chances of hernia recurrence. Having a hernia patch inserted during repair surgery can also lessen the amount of complications that may cause the patient to require extra surgeries. Most types of hernia patches are made from porous, bioabsorbable materials that the body is able to partially absorb. This allows the body’s tissues to become stronger over time, reducing the chance of recurrence.

Many patients undergoing hernia repair surgery understandably ask themselves, “How dangerous is hernia mesh?” All surgeries are potentially dangerous, of course, but repair surgery that involves a hernia patch is generally safe and less invasive than other types of repair procedures that require the use of temporary sutures or multiple surgeries. Due to the natural components of most flexible hernia patches, the body’s tissues rarely react negatively to the patch, allowing for a faster and safer recovery.

5 Common Dangerous Drug Lawsuits

Published on May 2, 2017 at 1:42 pm in Product Liability.

Advances in modern medicine have resulted in the development of new drugs and medications that are beneficial for improving the quality and the length of life for individuals with various diseases.  Some of these drugs however, are capable of producing serious side effects that are harmful to consumers.  A drug manufacturer’s failure to properly test new drugs for safety or warn consumers of potential side effects can cause innocent people to suffer injuries.  Here are a few of the most common dangerous drug lawsuits today:

Risperdal

Risperdal is an antipsychotic drug that is used for treating mental illness, such as schizophrenia and bipolar disorder.  In 2012 and again in 2013, a judge ordered Risperdal’s manufacturer, Johnson & Johnson, to pay settlements to consumers who suffered serious side effects as a result of taking the drug.  Johnson & Johnson was also punished for illegally paying kickbacks to physicians and nursing homes, encouraging them to frequently prescribe the drug.  Neuroleptic Malignant Syndrome, Tardive Dyskinesia, diabetes, high blood sugar, and stroke are all potential devastating side effects of taking the drug.

Proving Product Liability Cases in Nebraska

Published on Apr 11, 2017 at 2:13 pm in Product Liability.

If you or a loved one is a Nebraska resident and has been injured or has suffered due to a product that was defective, manufactured poorly, or falsely advertised, you may be considering contacting a product liability attorney. If this is the case, congratulations. You’re considering a decision that may protect others from being hurt or injured in the same way. Defective product lawsuits give U.S. citizens a way to speak against injustices and improve how products are made and delivered.

You should also be aware that proving product liability cases in Nebraska can be extremely complex. There are many things you and your attorney will need to prove for your case to be successful. It’s an unfortunate fact that most product manufacturers have powerful legal departments and will try and find every loophole they can to refute your claim. Without solid evidence and an experienced personal injury lawyer, your cause may not hold much ground.