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- Bladder cancer
- Breast cancer
- Esophageal cancer
- Female infertility
- Hepatic Steatosis
- Kidney Cancer
- Leukemia
- Lung Cancer
- Miscarriages
- Multiple myeloma
- Myelodysplastic syndrome
- Neurobehavioral effects
- Non-Hodgkin’s lymphoma
- Renal toxicity
- Scleroderma
Camp Lejeune Lawsuit Overview
Over one million U.S. Marines and their family members who worked or lived at Camp Lejeune or MCAS New River in North Carolina between August 1, 1953 and December 31, 1987 were exposed to contaminated water that contained toxic chemicals and solvents, which are known to cause cancer and other serious health side effects. Although coverage for these injuries has been denied for decades, individuals can now pursue a Camp Lejeune lawsuit payout and settlement benefits.Is the Camp Lejeune Lawsuit Real or Legit?
Yes. On August 10, 2022, President Joe Biden signed into law the Promises to Address Comprehensive Toxics (PACT) Act of 2022 (H.R. 3967), which is more commonly known as the PACT Act. This included a new Camp Lejeune water contamination law, which allows veterans, family members and other individuals who developed injuries likely caused by toxins in the water to file a lawsuit until August 10, 2024. Lawyers are providing free consultations and claim evaluations to help veterans and their families determine if they are eligible for a Camp Lejeune water contamination lawsuit. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [_yoast_wpseo_primary_topics] => 5310 [_yoast_wpseo_primary_lawsuits] => 25 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_0_site_bullets_0_bullet] => The Camp Lejeune Justice Act of 2022 allows veterans, family members and other individuals to file a Camp Lejeune water contamination lawsuit until August 10, 2024. [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => Over 70 toxic chemicals were in the Camp Lejeune drinking water between 1953 and 1987, which have been link to a risk of cancer, Parkinson’s disease, kidney damage, birth defects and other health risks. [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => Camp Lejeune Water lawsuits must be filed in the U.S. District Court for the Eastern District of North Carolina, which has been granted exclusive jurisdiction. [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => Lawyers are continuing to investigate new cases to pursue Camp Lejeune lawsuit payouts for injuries caused by water at the Marine base. [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_4_bullet] => FIND OUT IF YOU ARE ELIGIBLE FOR A CAMP LEJEUNE WATER CONTAMINATION LAWSUIT [_pageComponents_0_site_bullets_4_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_4_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Who is Eligible for a Camp Lejeune Lawsuit?
Financial compensation may be available for any individual who suffered an injury caused by contaminated water at Camp Lejeune, after living or working on the base for at least 30 days between August 1, 1953 and December 31, 1987, including:- U.S. Military Servicemembers
- Military Family Members Residing on Base
- Unborn Children Exposed In Utero
- Civilian Contractors Working at Camp Lejeune
Camp Lejeune Cancer Lawsuits:
- Acute Myeloid Leukemia (AML)
- Brain Cancer
- Breast cancer
- Bladder cancer
- Central Nervous System Cancer
- Cervical cancer
- Colon Cancer/Colorectal Cancer
- Esophageal cancer
- Hodgkins Lymphoma
- Kidney cancer
- Liver cancer
- Lung cancer
- Ovarian cancer
- Leukemia
- Multiple myeloma
- Non Hodgkin's Lymphoma
- Prostate Cancer
- Rectal Cancer
- Thyroid Cancer
Other Side Effects Eligible for Camp Lejeune Lawsuit Settlements:
- Parkinson's disease
- Renal Toxicity/Kidney Disease
- Kidney Damage
- Hepatic steatosis (fatty liver disease)
- Aplastic anemia
- Scleroderma
- Birth defects
- Miscarriage
- Female Infertility
- Multiple Sclerosis (MS)
- Epilepsy (seizures)
- Immune Disorders
- Nerve Damage
- Neurobehavioral effects
- Myelodysplastic syndromes (MDS or Pre-Leukemia)
- Neurobehavioral effects (tremors, lack of coordination, movement or motor problems or other symptoms consistent with undiagnosed Parkinson's disease)
How to File A Camp Lejeune Water Lawsuit?
The ability to file a Camp Lejeune water lawsuit was specifically authorized under the PACT Act of 2022, opening a two year window for individuals injured by the toxic water to pursue financial compensation. However, specific guidelines and requirements must be filed to file a case and obtain a Camp Lejeune settlement. Prior to filing a lawsuit against the U.S. government, notice of the Camp Lejeune water contamination claim must be provided to the appropriate federal agency under the requirements of 28 U.S. Code § 2675. The U.S. Navy Judge Advocate General’s (JAG) Corps has posted information about how to file a claim under the Camp Lejeune Justice Act of 2022, outlining the steps that must be taken to file a Camp Lejeune water lawsuit. The agency indicates that even claims previously denied under the Federal Tort Claims Act over water contamination at Camp Lejeune, must still be refiled for consideration under the new law. Each claimant must file a Camp Lejeune Justice Act Claim form (PDF), providing specific information about their claim, including:- Status at time of exposure to Camp Lejeune water (Member of the Armed Forces; Military Family Member or Dependent; Civil Service Employee; Civilian; Contractor Working for Private Company on Base; Unborn Individual Exposed In Utero)
- Where you resided at the time of exposure (Terawa Terrace Housing; Hospital Point Housing; Other On-Base Housing; Outside of Camp Lejeune)
- Whether you worked at Hadnot Point Industrial Area in Camp Lejeune
- Nature of your injury (Personal Injury Caused by Water at Camp Lejeune; Wrongful Death Following Exposure to Camp Lejeune Water)
- Specific type of cancer or other injury that is the basis of the Camp Lejeune lawsuit
Department of the Navy
Office of the Judge Advocate General
Tort Claims Unit Norfolk
Attention – Camp Lejeune Claims
9620 Maryland Avenue, Suite 205
Norfolk, VA 23511-2949
Camp Lejeune water contamination lawyers can assist with completing these claim forms on your behalf, and have the ability to submit batch filings, which will expedite the filing of claims.
A Camp Lejeune lawsuit can not be filed until the submitted claim is rejected in writing, sent by certified or registered mail, or if the government fails to make a final disposition within six months after it is filed. While the Department of the Navy has indicated that it is committed to reviewing and resolving the claim forms in a timely manner, it is unknown at this time how they will be able to process the tens of thousands of Camp Lejeune claims that are being submitted. If a Camp Lejeune Settlement is not reached within six months after the claim is submitted, a lawsuit can be filed in the United States District Court for the Eastern District of North Carolina, which has been granted exclusive jurisdiction over the claims. The deadline to file a Camp Lejeune water lawsuit is 8/10/2024.Do I need a lawyer to file a Camp Lejeune Water Lawsuit?
While you do not need a lawyer to file a Camp Lejeune water contamination lawsuit, it is important to carefully follow the requirements of the new law and seek legal advice if you are unfamiliar with the process. A lawyer can help you navigate the filing your claim and protect your legal interests, to help make sure you get all of the settlement benefits you are entitled to receive. Camp Lejeune lawyers provide free consultations to help determine if you or a loved one may be eligible for a settlement, and can provide advice regarding the process of pursuing a claim. There are no fees or expenses unless a recovery is obtained in your case. 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During this time, the following family housing units at Camp Lejeune were affected by toxic contaminated water: Tarawa Terrace I Tarawa Terrace II Midway Park Berkeley Manor Knox Landing Watkins Village Paradise Point Camp Knox Trailer Park Camp Johnson Camp Geiger MCAS New River Holcomb Boulevard Courthouse Bay Hospital Point" } }, { "@type": "Question", "name": "How to File A Camp Lejeune Water Lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "The U.S. Navy Judge Advocate General’s (JAG) Corps has posted information about how to file a claim under the Camp Lejeune Justice Act of 2022, outlining the steps that must be taken to file a Camp Lejeune water lawsuit. The agency indicates that even claims previously denied under the Federal Tort Claims Act over water contamination at Camp Lejeune, must still be refiled for consideration under the new law. 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[_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => U.S. Marines, family members and others can now file a Camp Lejeune lawsuit over injuries caused by water contamination August 1953 and December 1987. Camp Lejeune water contamination has been linked to cases of cancer, Parkinson's disease, kidney damage, birth defects and other health risks. New claims for Camp Lejeune settlement benefits can be filed until August 10, 2024. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => The Camp Lejeune Justice Act of 2022 opened a two year window for claims to be filed for injuries caused by exposure to contaminated water for at least 30 days between August 1, 1953, and December 31, 1987, including:- U.S. Military Service Members
- Military Family Members Residing on Base
- Unborn Children Exposed In Utero
- Civilian Contractors Working at Camp Lejeune
- Cancer, Lymphoma and Leukemia
- Parkinson's Disease
- Kidney, Liver or Autoimmune Disorders
- Birth Defects, Miscarriage
- Other Side Effects
Latest Camp Lejeune Settlement and Lawsuit Updates
June 2023 Update: A group of lawmakers has demanded that the U.S. Navy and the Department of Defense provide a status report on its plan to reach Camp Lejeune lawsuit settlements with veterans this month, calling for an explanation as to why such settlements have been delayed. May 2023 Update: To help manage the growing number of cases, the U.S. District Court for the Eastern District of North Carolina has established a Master Docket for Camp Lejeune lawsuits, and will accept applications this month from plaintiffs' lawyers seeking to serve in various leadership positions to help facilitate the coordination of discovery and pretrial proceedings. January 2023 Update: Thousands of Camp Lejeune water lawsuits will be filed in early February 2023, after the 180-day administrative review periods begin to expire for claims presented to the U.S. government after the Camp Lejeune Justice Act was signed into law on August 10, 2022. December 2022 Update: U.S. District Judge James C. Dever III has dismissed a number of early claims filed before exhausting the administrative Camp Lejeune lawsuit settlement options under the new law, finding that plaintiffs need to refile their claim if the U.S. government denies the claims or fails to reach a resolution within six months. October 2022 Update: The U.S. Navy JAG office indicated more than 5,000 claims were filed in the first few weeks after the PACT Act was passed. In addition a GAO report found that thousands of veterans' diability claims linked to Camp Lejeune water contamination had been prematurely or wrongly denied before the Act was passed into law. September 2022 Update: The first Camp Lejeune water lawsuits have been filed in the U.S. District Court for the Eastern District of North Carolina, where all complaints must be filed after proper notice has been provided to the U.S. Navy JAG Office of intent to pursue a claim. Over the coming weeks and months, the Court is preparing for thousands of lawsuits to be filed. August 10, 2022 Update: President Biden signed the PACT Act, which opens the door for former Marines and family members to pursue Camp Lejeune lawsuit payouts. The deadline to file claims has now been set for August 10, 2024. August 2, 2022 Update: The U.S. Senate passed the new Camp Lejeune water contamination law as part of a landmark package of bills, which President Biden has indicated he will soon sign into law. July 15, 2022 Update: The U.S. House of Representatives voted 342-88 this week to pass an amended version of the "Honoring Our PACT Act", which contains provisions that will allow Camp Lejeune lawsuits over water contamination. The amended version contains the exact language that has already passed the U.S. Senate, with only one small clause removed that has delayed final approval due to tax implications. June 23, 2022 Update: The latest update on the Camp Lejeune Justice Act of 2022 suggests that an amended version of the law approved by the U.S. Senate last week will soon be introduced for a vote in the U.S. House of Representatives. It is part of a package of bills known as the "Honoring our PACT" Act, which President Biden has indicated he plans to swiftly sign into law.History of Camp Lejeune Water Contamination Problems
Marine Corps Base Camp Lejeune is a nearly 250-square-mile training facility in Jacksonville, North Carolina. It went into operation in 1942. From 1957 to at least 1987, evidence suggests that U.S. Marines and their families, as well as vendors and contractors who worked and lived on or near the base, were exposed to heavily contaminated water, which they and their families both drank and bathed in without knowledge of the potential health risks. Many of those chemicals came from on-site laundry services and leaking underground storage tanks, which contaminated the base’s wells with volatile organic compounds and toxic solvents, linked to birth defects, pregnancy risks, as well as numerous forms of cancer.Chemicals Found in Camp Lejeune Water
Grainger Laboratories began testing the water at Camp Lejeune for chemicals in response to new safety standards enacted by the Environmental Protection Agency (EPA), which discovered than 70 different chemicals in drinking water wells at Camp Lejeune since the late 1950s. Many of these chemicals are exposed Marines and family members to a risk of cancer from drinking contaminated Camp Lejeune water, including:- Tetrachloroethylene (PCE)
- Benzene
- Vinyl Chloride
- Trichloroethylene (TCE)
- DCE (trans-1,2-dichloroethylene)
- 70+ more toxic solvents and chemicals
Areas of Camp Lejeune With Contaminated Water
Chemicals in the Camp Lejeune water were distributed throughout the Marine base, including MCAS New River between 1953 and 1987. During this time, the following family housing units at Camp Lejeune were affected by toxic contaminated water:- Tarawa Terrace I
- Tarawa Terrace II
- Midway Park
- Berkeley Manor
- Knox Landing
- Watkins Village
- Paradise Point
- Camp Knox Trailer Park
- Camp Johnson
- Camp Geiger
- MCAS New River
- Holcomb Boulevard
- Courthouse Bay
- Hospital Point
Examples of Camp Lejeune Lawsuits
Prior to the passage of the Camp Lejeune Justice Act of 2022, the U.S. Government and Department of Veterans Affairs denied claims and fought to avoid paying compensation to veterans and family members injured. In 2016, more than 850 Camp Lejeune Lawsuits were dismissed, since the water contamination was discovered long after the North Carolina Statute of Repose had expired. However, under the new Camp Lejeune law, individuals can pursue a lawsuit until August 10, 2024. Camp Lejeune Birth Defects Lawsuit: A joint complaint was filed by six individuals who were each exposed to Camp Lejeune water in utero on August 22, 2022, indicating that their mothers drank, cooked and bathed in contaminated water before they were born. As a result, plaintiff’s indicate that they suffered various birth defects from the Camp Lejeune water, including scarred retinas and blindness, kidney birth defects, spinal disorders, low birth weight, hip malformations, skeletal anomalies, spina bifida occulta and a spinal malformation. Camp Lejeune Multiple Myeloma Lawsuit: Son of a U.S. Marine exposed to Camp Lejeune water in the 1970s filed a lawsuit, alleging that he developed multiple myeloma decades later. Robert Park indicates that he regularly consumed the water playing sports and living with his family at Camp Lejeune between June 1975 and June 1979. Lawsuit alleges the Camp Lejeune water caused multiple myeloma that was diagnosed in August 2005. Camp Lejeune Chronic Kidney Disease Lawsuit: Former U.S. Marine Victor Malafronte filed a lawsuit alleging that Camp Lejeune water caused chronic kidney disease and chronic interstitial nephritis, following service at the base in the 1960s. Although the U.S. government previously denied his claim in 2019, the lawsuit was filed weeks after the Camp Lejeune Justice Act of 2022 was signed into law. As a result of the kidney problems from Camp Lejeune water, Malafronte, indicates that he was unable to maintain steady employment, experienced depression and other side effeects. Camp Lejeune Aplastic Anemia Lawsuit: One of the first Camp Lejeune lawsuits was filed by Andrea Weiner, of Ohio, who developed Aplastic Anemia from the water, which is a serious blood condition caused by bone marrow development failure. Weiner claims that Aplastic Anemia was caused by exposure to TCE, PCE, vinyl chloride and benzene in Camp Lejeune’s water supply. The complaint indicates Weiner filed an administrative relief claim to the U.S. Navy in 2002, but was ultimately denied by the Navy’s failure to respond. Camp Lejeune Ovarian Cancer Lawsuit: On August 11, 2022, a complaint was filed on behalf of three separate women, indicating that the Camp Lejeune water caused ovarian cancer to develop for each of them. One of the claims was a Camp Lejeune wrongful death lawsuit filed by the surviving husband of Charlotte Luthy, who lived in the Tarawa Terrace area from 1972 to 1974. Camp Lejeune Class Action Lawsuit: A class action lawsuit over Camp Lejeune water contamination was filed by Donald Stringfellow on August 14, 2022, pursuing certification of his complaint to protect the statutory rights, opportunities and benefits accorded under the new law. [_pageComponents_7_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_9_show_related_stories] => 1 [_pageComponents_9_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_12_return_posts] => first [_pageComponents_12_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts ) [___content:protected] => [_permalink:protected] => [_next:protected] => Array ( ) [_prev:protected] => Array ( ) [_css_class:protected] => [id] => 46393 [ID] => 46393 [post_author] => 5 [post_content] => [sevenTenTheContent id="46393"] [post_date] => 2023-06-01 08:45:42 [post_excerpt] => [post_parent] => 0 [post_status] => publish [post_title] => Camp Lejeune Water Lawsuit [post_type] => page [slug] => camp-lejeune [__type:protected] => [_edit_lock] => 1685649553:4 [_edit_last] => 4 [postComponents_0_featured_image_proportions] => two_by_one [_postComponents_0_featured_image_proportions] => field_postComponents_postComponents_postHead_featured_image_proportions [postComponents_0_featured_image_link] => [_postComponents_0_featured_image_link] => field_postComponents_postComponents_postHead_featured_image_link [postComponents_0_caption] => Water contamination at Camp Lejeune in North Carolina between 1953 and 1987 may be responsible for cancers, heart defects, miscarriages, Parkinson's disease and other side effects for U.S. Marines and their families. Camp Lejeune settlements may soon be available. [_postComponents_0_caption] => field_postComponents_postComponents_postHead_caption [postComponents_0_updated_date] => [_postComponents_0_updated_date] => field_postComponents_postComponents_postHead_updated_date [postComponents_0_site_bullets] => [_postComponents_0_site_bullets] => field_postComponents_postComponents_postHead_site_bullets [postComponents_1_textAlignment] => text-left [_postComponents_1_textAlignment] => field_postComponents_postComponents_blockWysiwyg_textAlignment [postComponents_1_full_width] => standard-width [_postComponents_1_full_width] => field_postComponents_postComponents_blockWysiwyg_full_width [postComponents_1_contentHtml] => More than one million marines and their families may have been exposed for decades to highly toxic and contaminated water while living on or near Camp Lejeune; a marine military base in North Carolina, which has been linked to tens of thousands of cases of cancer, miscarriages and other adverse health side effects. STATUS OF CAMP LEJEUNE LAWSUITS: Personal injury lawyers are reviewing individual and class action lawsuits against the federal government over rampant, widespread water contamination which went unaddressed at Camp Lejeune for decades. However, much of the litigation rests on the passage of The Camp Lejeune Justice Act, a bill currently in the U.S. Senate which would repeal the government’s immunity from litigation and bypass North Carolina statute of limitation laws in order for plaintiffs to be able to file cases to seek compensation and justice. OVERVIEW: Marine Corps Base Camp Lejeune is a nearly 250-square-mile training facility in Jacksonville, North Carolina. It went into operation in 1942. It is believed that from 1957 to at least 1987, Marines and their families, as well as vendors and contractors who worked and lived on or near the base, were exposed to heavily contaminated water, which they and their families both drank and bathed in without knowledge of the potential health risks. Many of those chemicals came from on-site laundry services and leaking underground storage tanks, which contaminated the base’s wells with volatile organic compounds and toxic solvents, linked to birth defects, pregnancy risks, as well as numerous forms of cancer. A multidistrict litigation was formed involving about 850 plaintiffs, but was dismissed in 2016. If the Camp Lejuene Justice Act is signed into law, those cases could become viable again and would likely be joined by additional plaintiffs. CAMP LEJEUNE WATER CONTAMINATION: More than 70 different chemicals have served as contaminants in the base’s drinking water wells since the late 1950s, including perchloroethylene, a dry-cleaning solvent, the degreaser trichloroethylene (TCE), as well as benzene and vinyl chloride. The government and base officials knew about the contamination for decades, but despite warnings from experts and numerous damning inspections and reports, little to nothing was done and the water was deemed safe, even as its poor, and alarming, chemical taste was commented on by marines and their families for years. The wells were shut off in 1985 due to the high levels of contamination, but were illegally reactivated later. In October 2010, a letter from the head of the Environmental Protection Agency’s Superfund program wrote a letter declaring that the drinking water at the base presented a health hazard. The declaration came decades too late for many of the marines and families that lived on the base for years, drinking and bathing in water that was heavily contaminated. Some chemical contaminants were found at levels nearly 4,000 times higher than deemed safe for human consumption. Exposure to contaminated Camp Lejeune water has been linked to a wide array of health problems, including:- Bladder cancer
- Breast cancer
- Esophageal cancer
- Female infertility
- Hepatic Steatosis
- Kidney Cancer
- Leukemia
- Lung Cancer
- Miscarriages
- Multiple myeloma
- Myelodysplastic syndrome
- Neurobehavioral effects
- Non-Hodgkin’s lymphoma
- Renal toxicity
- Scleroderma
Camp Lejeune Lawsuit Overview
Over one million U.S. Marines and their family members who worked or lived at Camp Lejeune or MCAS New River in North Carolina between August 1, 1953 and December 31, 1987 were exposed to contaminated water that contained toxic chemicals and solvents, which are known to cause cancer and other serious health side effects. Although coverage for these injuries has been denied for decades, individuals can now pursue a Camp Lejeune lawsuit payout and settlement benefits.Is the Camp Lejeune Lawsuit Real or Legit?
Yes. On August 10, 2022, President Joe Biden signed into law the Promises to Address Comprehensive Toxics (PACT) Act of 2022 (H.R. 3967), which is more commonly known as the PACT Act. This included a new Camp Lejeune water contamination law, which allows veterans, family members and other individuals who developed injuries likely caused by toxins in the water to file a lawsuit until August 10, 2024. Lawyers are providing free consultations and claim evaluations to help veterans and their families determine if they are eligible for a Camp Lejeune water contamination lawsuit. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [_yoast_wpseo_primary_topics] => 5310 [_yoast_wpseo_primary_lawsuits] => 25 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_0_site_bullets_0_bullet] => The Camp Lejeune Justice Act of 2022 allows veterans, family members and other individuals to file a Camp Lejeune water contamination lawsuit until August 10, 2024. [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => Over 70 toxic chemicals were in the Camp Lejeune drinking water between 1953 and 1987, which have been link to a risk of cancer, Parkinson’s disease, kidney damage, birth defects and other health risks. [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => Camp Lejeune Water lawsuits must be filed in the U.S. District Court for the Eastern District of North Carolina, which has been granted exclusive jurisdiction. [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => Lawyers are continuing to investigate new cases to pursue Camp Lejeune lawsuit payouts for injuries caused by water at the Marine base. [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_4_bullet] => FIND OUT IF YOU ARE ELIGIBLE FOR A CAMP LEJEUNE WATER CONTAMINATION LAWSUIT [_pageComponents_0_site_bullets_4_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_4_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Who is Eligible for a Camp Lejeune Lawsuit?
Financial compensation may be available for any individual who suffered an injury caused by contaminated water at Camp Lejeune, after living or working on the base for at least 30 days between August 1, 1953 and December 31, 1987, including:- U.S. Military Servicemembers
- Military Family Members Residing on Base
- Unborn Children Exposed In Utero
- Civilian Contractors Working at Camp Lejeune
Camp Lejeune Cancer Lawsuits:
- Acute Myeloid Leukemia (AML)
- Brain Cancer
- Breast cancer
- Bladder cancer
- Central Nervous System Cancer
- Cervical cancer
- Colon Cancer/Colorectal Cancer
- Esophageal cancer
- Hodgkins Lymphoma
- Kidney cancer
- Liver cancer
- Lung cancer
- Ovarian cancer
- Leukemia
- Multiple myeloma
- Non Hodgkin's Lymphoma
- Prostate Cancer
- Rectal Cancer
- Thyroid Cancer
Other Side Effects Eligible for Camp Lejeune Lawsuit Settlements:
- Parkinson's disease
- Renal Toxicity/Kidney Disease
- Kidney Damage
- Hepatic steatosis (fatty liver disease)
- Aplastic anemia
- Scleroderma
- Birth defects
- Miscarriage
- Female Infertility
- Multiple Sclerosis (MS)
- Epilepsy (seizures)
- Immune Disorders
- Nerve Damage
- Neurobehavioral effects
- Myelodysplastic syndromes (MDS or Pre-Leukemia)
- Neurobehavioral effects (tremors, lack of coordination, movement or motor problems or other symptoms consistent with undiagnosed Parkinson's disease)
How to File A Camp Lejeune Water Lawsuit?
The ability to file a Camp Lejeune water lawsuit was specifically authorized under the PACT Act of 2022, opening a two year window for individuals injured by the toxic water to pursue financial compensation. However, specific guidelines and requirements must be filed to file a case and obtain a Camp Lejeune settlement. Prior to filing a lawsuit against the U.S. government, notice of the Camp Lejeune water contamination claim must be provided to the appropriate federal agency under the requirements of 28 U.S. Code § 2675. The U.S. Navy Judge Advocate General’s (JAG) Corps has posted information about how to file a claim under the Camp Lejeune Justice Act of 2022, outlining the steps that must be taken to file a Camp Lejeune water lawsuit. The agency indicates that even claims previously denied under the Federal Tort Claims Act over water contamination at Camp Lejeune, must still be refiled for consideration under the new law. Each claimant must file a Camp Lejeune Justice Act Claim form (PDF), providing specific information about their claim, including:- Status at time of exposure to Camp Lejeune water (Member of the Armed Forces; Military Family Member or Dependent; Civil Service Employee; Civilian; Contractor Working for Private Company on Base; Unborn Individual Exposed In Utero)
- Where you resided at the time of exposure (Terawa Terrace Housing; Hospital Point Housing; Other On-Base Housing; Outside of Camp Lejeune)
- Whether you worked at Hadnot Point Industrial Area in Camp Lejeune
- Nature of your injury (Personal Injury Caused by Water at Camp Lejeune; Wrongful Death Following Exposure to Camp Lejeune Water)
- Specific type of cancer or other injury that is the basis of the Camp Lejeune lawsuit
Department of the Navy
Office of the Judge Advocate General
Tort Claims Unit Norfolk
Attention – Camp Lejeune Claims
9620 Maryland Avenue, Suite 205
Norfolk, VA 23511-2949
Camp Lejeune water contamination lawyers can assist with completing these claim forms on your behalf, and have the ability to submit batch filings, which will expedite the filing of claims.
A Camp Lejeune lawsuit can not be filed until the submitted claim is rejected in writing, sent by certified or registered mail, or if the government fails to make a final disposition within six months after it is filed. While the Department of the Navy has indicated that it is committed to reviewing and resolving the claim forms in a timely manner, it is unknown at this time how they will be able to process the tens of thousands of Camp Lejeune claims that are being submitted. If a Camp Lejeune Settlement is not reached within six months after the claim is submitted, a lawsuit can be filed in the United States District Court for the Eastern District of North Carolina, which has been granted exclusive jurisdiction over the claims. The deadline to file a Camp Lejeune water lawsuit is 8/10/2024.Do I need a lawyer to file a Camp Lejeune Water Lawsuit?
While you do not need a lawyer to file a Camp Lejeune water contamination lawsuit, it is important to carefully follow the requirements of the new law and seek legal advice if you are unfamiliar with the process. A lawyer can help you navigate the filing your claim and protect your legal interests, to help make sure you get all of the settlement benefits you are entitled to receive. Camp Lejeune lawyers provide free consultations to help determine if you or a loved one may be eligible for a settlement, and can provide advice regarding the process of pursuing a claim. There are no fees or expenses unless a recovery is obtained in your case. 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Although coverage for these injuries has been denied for decades, individuals can now pursue a Camp Lejeune lawsuit payout and settlement benefits." } }, { "@type": "Question", "name": "Is the Camp Lejeune Lawsuit Real or Legit?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. On August 10, 2022, President Joe Biden signed into law the Promises to Address Comprehensive Toxics (PACT) Act of 2022 (H.R. 3967), which is more commonly known as the PACT Act. This included a new Camp Lejeune water contamination law, which allows veterans, family members and other individuals who developed injuries likely caused by toxins in the water to file a lawsuit until August 10, 2024. Lawyers are providing free consultations and claim evaluations to help veterans and their families determine if they are eligible for a Camp Lejeune water contamination lawsuit." } }, { "@type": "Question", "name": "Who is Eligible for the Camp Lejeune Lawsuits?", "acceptedAnswer": { "@type": "Answer", "text": "Financial compensation may be available for any individual who suffered an injury caused by contaminated water at Camp Lejeune, after living or working on the base for at least 30 days between August 1, 1953 and December 31, 1987, including: U.S. Military Servicemembers Military Family Members Residing on Base Unborn Children Exposed In Utero Civilian Contractors Working at Camp Lejeune" } }, { "@type": "Question", "name": "What cancers are linked to Camp Lejeune contaminated water?", "acceptedAnswer": { "@type": "Answer", "text": "Camp Lejeune Cancer Lawsuits: Acute Myeloid Leukemia (AML) Brain Cancer Breast cancer Bladder cancer Central Nervous System Cancer Cervical cancer Colon Cancer/Colorectal Cancer Esophageal cancer Hodgkins Lymphoma Kidney cancer Liver cancer Lung cancer Ovarian cancer Leukemia Multiple myeloma Non Hodgkin’s Lymphoma Prostate Cancer Rectal Cancer Thyroid Cancer" } }, { "@type": "Question", "name": "What side effects are linked to Camp Lejeune water contamination?", "acceptedAnswer": { "@type": "Answer", "text": "Other Side Effects Eligible for Camp Lejeune Lawsuit Settlements: Parkinson’s disease Renal Toxicity/Kidney Disease Kidney Damage Hepatic steatosis (fatty liver disease) Aplastic anemia Scleroderma Birth defects Miscarriage Female Infertility Multiple Sclerosis (MS) Epilepsy (seizures) Immune Disorders Nerve Damage Neurobehavioral effects Myelodysplastic syndromes (MDS or Pre-Leukemia) Neurobehavioral effects (tremors, lack of coordination, movement or motor problems or other symptoms consistent with undiagnosed Parkinson’s disease)" } }, { "@type": "Question", "name": "What chemicals were found at Camp Lejeune?", "acceptedAnswer": { "@type": "Answer", "text": "Many of these chemicals are exposed Marines and family members to a risk of cancer from drinking contaminated Camp Lejeune water, including: Tetrachloroethylene (PCE) Benzene Vinyl Chloride Trichloroethylene (TCE) DCE (trans-1,2-dichloroethylene) 70+ more toxic solvents and chemicals" } }, { "@type": "Question", "name": "What Marine bases were impacted by Camp Lejeune water contamination?", "acceptedAnswer": { "@type": "Answer", "text": "Chemicals in the Camp Lejeune water were distributed throughout the Marine base, including MCAS New River between 1953 and 1987. During this time, the following family housing units at Camp Lejeune were affected by toxic contaminated water: Tarawa Terrace I Tarawa Terrace II Midway Park Berkeley Manor Knox Landing Watkins Village Paradise Point Camp Knox Trailer Park Camp Johnson Camp Geiger MCAS New River Holcomb Boulevard Courthouse Bay Hospital Point" } }, { "@type": "Question", "name": "How to File A Camp Lejeune Water Lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "The U.S. Navy Judge Advocate General’s (JAG) Corps has posted information about how to file a claim under the Camp Lejeune Justice Act of 2022, outlining the steps that must be taken to file a Camp Lejeune water lawsuit. The agency indicates that even claims previously denied under the Federal Tort Claims Act over water contamination at Camp Lejeune, must still be refiled for consideration under the new law. Each claimant must file a Camp Lejeune Justice Act Claim form (PDF), providing specific information about their claim, including: Status at time of exposure to Camp Lejeune water (Member of the Armed Forces; Military Family Member or Dependent; Civil Service Employee; Civilian; Contractor Working for Private Company on Base; Unborn Individual Exposed In Utero) Where you resided at the time of exposure (Terawa Terrace Housing; Hospital Point Housing; Other On-Base Housing; Outside of Camp Lejeune) Whether you worked at Hadnot Point Industrial Area in Camp Lejeune Nature of your injury (Personal Injury Caused by Water at Camp Lejeune; Wrongful Death Following Exposure to Camp Lejeune Water) Specific type of cancer or other injury that is the basis of the Camp Lejeune lawsuit" } }, { "@type": "Question", "name": "Do I need a lawyer to file a Camp Lejeune Water Lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "While you do not need a lawyer to file a Camp Lejeune water contamination lawsuit, it is important to carefully follow the requirements of the new law and seek legal advice if you are unfamiliar with the process. A lawyer can help you navigate the filing your claim and protect your legal interests, to help make sure you get all of the settlement benefits you are entitled to receive." } } ] } ) [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [_yoast_wpseo_primary_news] => [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Case Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Camp Lejeune Lawsuit? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => U.S. Marines, family members and others can now file a Camp Lejeune lawsuit over injuries caused by water contamination August 1953 and December 1987. Camp Lejeune water contamination has been linked to cases of cancer, Parkinson's disease, kidney damage, birth defects and other health risks. New claims for Camp Lejeune settlement benefits can be filed until August 10, 2024. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => The Camp Lejeune Justice Act of 2022 opened a two year window for claims to be filed for injuries caused by exposure to contaminated water for at least 30 days between August 1, 1953, and December 31, 1987, including:- U.S. Military Service Members
- Military Family Members Residing on Base
- Unborn Children Exposed In Utero
- Civilian Contractors Working at Camp Lejeune
- Cancer, Lymphoma and Leukemia
- Parkinson's Disease
- Kidney, Liver or Autoimmune Disorders
- Birth Defects, Miscarriage
- Other Side Effects
Latest Camp Lejeune Settlement and Lawsuit Updates
June 2023 Update: A group of lawmakers has demanded that the U.S. Navy and the Department of Defense provide a status report on its plan to reach Camp Lejeune lawsuit settlements with veterans this month, calling for an explanation as to why such settlements have been delayed. May 2023 Update: To help manage the growing number of cases, the U.S. District Court for the Eastern District of North Carolina has established a Master Docket for Camp Lejeune lawsuits, and will accept applications this month from plaintiffs' lawyers seeking to serve in various leadership positions to help facilitate the coordination of discovery and pretrial proceedings. January 2023 Update: Thousands of Camp Lejeune water lawsuits will be filed in early February 2023, after the 180-day administrative review periods begin to expire for claims presented to the U.S. government after the Camp Lejeune Justice Act was signed into law on August 10, 2022. December 2022 Update: U.S. District Judge James C. Dever III has dismissed a number of early claims filed before exhausting the administrative Camp Lejeune lawsuit settlement options under the new law, finding that plaintiffs need to refile their claim if the U.S. government denies the claims or fails to reach a resolution within six months. October 2022 Update: The U.S. Navy JAG office indicated more than 5,000 claims were filed in the first few weeks after the PACT Act was passed. In addition a GAO report found that thousands of veterans' diability claims linked to Camp Lejeune water contamination had been prematurely or wrongly denied before the Act was passed into law. September 2022 Update: The first Camp Lejeune water lawsuits have been filed in the U.S. District Court for the Eastern District of North Carolina, where all complaints must be filed after proper notice has been provided to the U.S. Navy JAG Office of intent to pursue a claim. Over the coming weeks and months, the Court is preparing for thousands of lawsuits to be filed. August 10, 2022 Update: President Biden signed the PACT Act, which opens the door for former Marines and family members to pursue Camp Lejeune lawsuit payouts. The deadline to file claims has now been set for August 10, 2024. August 2, 2022 Update: The U.S. Senate passed the new Camp Lejeune water contamination law as part of a landmark package of bills, which President Biden has indicated he will soon sign into law. July 15, 2022 Update: The U.S. House of Representatives voted 342-88 this week to pass an amended version of the "Honoring Our PACT Act", which contains provisions that will allow Camp Lejeune lawsuits over water contamination. The amended version contains the exact language that has already passed the U.S. Senate, with only one small clause removed that has delayed final approval due to tax implications. June 23, 2022 Update: The latest update on the Camp Lejeune Justice Act of 2022 suggests that an amended version of the law approved by the U.S. Senate last week will soon be introduced for a vote in the U.S. House of Representatives. It is part of a package of bills known as the "Honoring our PACT" Act, which President Biden has indicated he plans to swiftly sign into law.History of Camp Lejeune Water Contamination Problems
Marine Corps Base Camp Lejeune is a nearly 250-square-mile training facility in Jacksonville, North Carolina. It went into operation in 1942. From 1957 to at least 1987, evidence suggests that U.S. Marines and their families, as well as vendors and contractors who worked and lived on or near the base, were exposed to heavily contaminated water, which they and their families both drank and bathed in without knowledge of the potential health risks. Many of those chemicals came from on-site laundry services and leaking underground storage tanks, which contaminated the base’s wells with volatile organic compounds and toxic solvents, linked to birth defects, pregnancy risks, as well as numerous forms of cancer.Chemicals Found in Camp Lejeune Water
Grainger Laboratories began testing the water at Camp Lejeune for chemicals in response to new safety standards enacted by the Environmental Protection Agency (EPA), which discovered than 70 different chemicals in drinking water wells at Camp Lejeune since the late 1950s. Many of these chemicals are exposed Marines and family members to a risk of cancer from drinking contaminated Camp Lejeune water, including:- Tetrachloroethylene (PCE)
- Benzene
- Vinyl Chloride
- Trichloroethylene (TCE)
- DCE (trans-1,2-dichloroethylene)
- 70+ more toxic solvents and chemicals
Areas of Camp Lejeune With Contaminated Water
Chemicals in the Camp Lejeune water were distributed throughout the Marine base, including MCAS New River between 1953 and 1987. During this time, the following family housing units at Camp Lejeune were affected by toxic contaminated water:- Tarawa Terrace I
- Tarawa Terrace II
- Midway Park
- Berkeley Manor
- Knox Landing
- Watkins Village
- Paradise Point
- Camp Knox Trailer Park
- Camp Johnson
- Camp Geiger
- MCAS New River
- Holcomb Boulevard
- Courthouse Bay
- Hospital Point
Examples of Camp Lejeune Lawsuits
Prior to the passage of the Camp Lejeune Justice Act of 2022, the U.S. Government and Department of Veterans Affairs denied claims and fought to avoid paying compensation to veterans and family members injured. In 2016, more than 850 Camp Lejeune Lawsuits were dismissed, since the water contamination was discovered long after the North Carolina Statute of Repose had expired. However, under the new Camp Lejeune law, individuals can pursue a lawsuit until August 10, 2024. Camp Lejeune Birth Defects Lawsuit: A joint complaint was filed by six individuals who were each exposed to Camp Lejeune water in utero on August 22, 2022, indicating that their mothers drank, cooked and bathed in contaminated water before they were born. As a result, plaintiff’s indicate that they suffered various birth defects from the Camp Lejeune water, including scarred retinas and blindness, kidney birth defects, spinal disorders, low birth weight, hip malformations, skeletal anomalies, spina bifida occulta and a spinal malformation. Camp Lejeune Multiple Myeloma Lawsuit: Son of a U.S. Marine exposed to Camp Lejeune water in the 1970s filed a lawsuit, alleging that he developed multiple myeloma decades later. Robert Park indicates that he regularly consumed the water playing sports and living with his family at Camp Lejeune between June 1975 and June 1979. Lawsuit alleges the Camp Lejeune water caused multiple myeloma that was diagnosed in August 2005. Camp Lejeune Chronic Kidney Disease Lawsuit: Former U.S. Marine Victor Malafronte filed a lawsuit alleging that Camp Lejeune water caused chronic kidney disease and chronic interstitial nephritis, following service at the base in the 1960s. Although the U.S. government previously denied his claim in 2019, the lawsuit was filed weeks after the Camp Lejeune Justice Act of 2022 was signed into law. As a result of the kidney problems from Camp Lejeune water, Malafronte, indicates that he was unable to maintain steady employment, experienced depression and other side effeects. Camp Lejeune Aplastic Anemia Lawsuit: One of the first Camp Lejeune lawsuits was filed by Andrea Weiner, of Ohio, who developed Aplastic Anemia from the water, which is a serious blood condition caused by bone marrow development failure. Weiner claims that Aplastic Anemia was caused by exposure to TCE, PCE, vinyl chloride and benzene in Camp Lejeune’s water supply. The complaint indicates Weiner filed an administrative relief claim to the U.S. Navy in 2002, but was ultimately denied by the Navy’s failure to respond. Camp Lejeune Ovarian Cancer Lawsuit: On August 11, 2022, a complaint was filed on behalf of three separate women, indicating that the Camp Lejeune water caused ovarian cancer to develop for each of them. One of the claims was a Camp Lejeune wrongful death lawsuit filed by the surviving husband of Charlotte Luthy, who lived in the Tarawa Terrace area from 1972 to 1974. Camp Lejeune Class Action Lawsuit: A class action lawsuit over Camp Lejeune water contamination was filed by Donald Stringfellow on August 14, 2022, pursuing certification of his complaint to protect the statutory rights, opportunities and benefits accorded under the new law. [_pageComponents_7_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_9_show_related_stories] => 1 [_pageComponents_9_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_12_return_posts] => first [_pageComponents_12_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [post_date_gmt] => 2023-06-01 12:45:42 [comment_status] => open [ping_status] => closed [post_password] => [post_name] => camp-lejeune [to_ping] => [pinged] => [post_modified] => 2023-06-01 15:59:11 [post_modified_gmt] => 2023-06-01 19:59:11 [post_content_filtered] => [guid] => https://www.aboutlawsuits.com/?p=46393 [menu_order] => 1 [post_mime_type] => [comment_count] => 15 [filter] => raw [status] => publish ) [1] => Timber\Post Object ( [ImageClass] => Timber\Image [PostClass] => Timber\Post [TermClass] => Timber\Term [object_type] => post [custom] => Array ( [_edit_lock] => 1686075992:17 [_edit_last] => 14 [_thumbnail_id] => 49059 [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Chemicals in hair straighteners and hair relaxers may cause cancer and other injuries, according to recent studies. Women are now seeking hair relaxer lawsuit payouts as a result of the manufacturers' failure to warn about the risk. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_1_contentHtml] =>Hair Relaxer Cancer Lawsuit Overview
Chemical hair relaxer and hair perm kids have been marketed by a number of different companies, primarily for use by African American women. However, lawsuits allege that manufacturers failed to disclose the potential side effects of several toxic chemicals in hair relaxers, which may increase the risk of uterine cancer, endometrial cancer, ovarian cancer, uterine fibroids and other injuries. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => blockTableContent [3] => blockWysiwyg [4] => postDefaultCta [5] => blockWysiwyg [6] => postContactCta [7] => blockWysiwyg [8] => postContactCta [9] => postTags [10] => postComments ) [_pageComponents] => field_pageComponents_pageComponents [sidebar_excerpt] => Regular exposure to chemicals in hair relaxer may cause uterine cancer, ovarian cancer and other injuries. Women diagnosed with cancer may be eligible for settlement benefits. [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_2_related_stories_title] => Related Stories [_pageComponents_2_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_2_related_stories] => [_pageComponents_2_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Who is Eligible for a Hair Relaxer Lawsuit Payout?
Financial compensation and settlement benefits may be available through a hair relaxer lawsuit for women who regularly used chemical hair relaxer or hair straightener, and were diagnosed with any of the following injuries:- Uterine Cancer
- Ovarian Cancer
- Endometrial Cancer
- Uterine Sarcoma
- Uterine Fibroids
- Dark and Lovely Lawsuits
- Just for Me Hair Relaxer Lawsuits
- Optimum Care Relaxer Lawsuits
- Soft and Beautiful Hair Perm Lawsuits
- Motions Hair Relaxer Lawsuits
- TCB Naturals Relaxer Creme Lawsuits
- ORS Olive Oil (Organic Root Stimulator) Lawsuits
- Dream Kids Olive Miracle Lawsuits
- Other Relaxer and Hair Perm Products
Latest 2023 Hair Relaxer Lawsuit Updates
March 2023 Update: As a growing number of women file new hair relaxer lawsuits, Judge Rowland has appointed a group of 35 hair relaxer injury lawyers to serve in leadership positions in the MDL. These attorneys will take certain actions that benefit all women pursuing a claim, but each individual plaintiff will still maintain their own lawyer to establish the link between their injury and hair relaxer products, and negotiate any settlements. February 2023 Update: A federal hair relaxer and perm cancer lawsuit MDL has been established in the Northern District of Illinois, where coordinated discovery and pretrial proceedings for all claims brought throughout the federal court system will be overseen by U.S. District Judge Mary M. Rowland. January 2023 Update: The U.S. JPML is scheduled to hear oral arguments over the pending motion to consolidate all hair relaxer lawsuits during a hearing set for January 26, 2023, in Miami, Florida. December 2022 Update: L'Oréal and several other cosmetic manufacturers are opposing the creation of a hair relaxer MDL, but indicate that if the litigation is centralized it should be managed out of the Southern District of New York. November 2022 Update: As the number of hair perm lawsuits being filed throughout the federal court system continues to grow, a group of plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML), asking that all hair relaxer lawsuits to be centralized in the U.S. District Court for the Northern District of Illinois before one judge for coordinated pretrial proceedings, as part of an MDL or multidistrict litigation. October 2022 Update:Following the publication of a study in October 2022, some of the first hair relaxer cancer lawsuits were filed in the federal court system.Is There A Hair Relaxer Class Action Lawsuit?
Yes. While most women are pursuing their case as an individual Dark & Lovely lawsuit, Just for Me Lawsuit or other claim over cancer caused by the products, a number of different hair relaxer class action lawsuits have also been filed on behalf of all users, seeking medical monitoring and other damages associated with the manufacturers' failure to disclose known information about the cancer risk from chemical straighteners. Given similar allegations raised in both individual and class action lawsuits over hair relaxers brought throughout the federal court system, the U.S. Judicial Panel on Multidistrict Litigation (JPML) decided to centralize all the claims before one judge in January 2023, establishing a federal hair relaxer MDL (multidistrict litigation) in the U.S. District Court for the Northern District of Illinois. U.S. District Judge Mary M. Rowland has been appointed to preside over the coordinated discovery and pretrial proceedings in the cases, where the entire litigation will be handled in a manner very similar to a hair relaxer class action lawsuit. However, after examining evidence linking hair relaxers and cancer generally, which will apply to each of the claims, it is expected that the court will establish separate tracks for hair relaxer injury lawsuits and class action claims. As part of the coordinated management of the litigation, Judge Rowland will likely establish a bellwether process, where small groups of representative lawsuits involving different types of injuries or damages will go through case-specific discovery and be prepared for early trial dates, to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the lawsuits. However, if hair relaxer and perm cancer settlements are not reached during the MDL proceedings, each individual product liability case may later be remanded back to the U.S. District Court where it was originally filed for separate trials in the future.Studies Linking Hair Relaxer and Cancer
In recent years, several studies have been published that make a connection between the use of hair relaxer and cancer, raising concerns about the wide spread use of the products by African Americans and other minority women throughout the U.S. Some of the studies and evidence suggesting that side effects of chemical hair relaxers cause cancer include:
October 2022: Hair Relaxer May Increase Uterine Cancer Risk for Women - Researchers with the National Institute of Environmental Health published findings in the Journal of the National Cancer Institute, warning that ingredients in popular hair relaxers may cause uterine cancer, as they contain endocrine-disrupting and carcinogenic chemicals.
The study involved a review of data on nearly 34,000 women between the ages of 35 and 74, including a 10 year follow up on the incidence rate of uterine cancer diagnosed. Researchers found an increased risk of uterine cancer among hair relaxer users compared to any other hair products involved in the study, as well as compared to women who used no hair straightener products.
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Examples of Hair Relaxer Lawsuits
Lawsuit Against Hair Relaxer Manufacturers Alleges Black Women Targeted: Erika Williams filed a lawsuit in the U.S. District Court for the Eastern District of Michigan on February 23, 2023, claiming hair relaxer manufacturers such as L’Oreal, Softsheen-Carson, Inc. and others targeted black women with false advertisements that hair relaxers were safe for use. Williams states she developed uterine cancer as a direct result of her regular and prolonged use of hair relaxers containing undisclosed endocrine disrupting chemicals. Hair Relaxer Ovarian Cancer Lawsuit: Tamara Sigars filed a lawsuit against several hair relaxer manufacturers on January 11, 2023, claiming the toxic chemicals used in Dark & Lovely, Optimum, Motions and other hair straightening products caused her to develop ovarian cancer. Sigars claims that as a result of the manufacturers failure to warn about cancer risks from hair relaxer use, she developed ovarian cancer that required her to undergo a hysterectomy and numerous rounds of chemotherapy. Dark & Lovely Endometrial Cancer Lawsuit: Ladonna Mahaffey filed a hair relaxer cancer lawsuit against L’Oreal and Softsheen-Carson, Inc. on December 12, 2022, claiming she developed endometriosis and endometrial cancer from routine exposure to phthalates and other endocrine disrupting chemicals in Dark & Lovely products. As a result of the conditions, Mahaffey states she required a full and complete hysterectomy at the age of 36. Dark & Lovely Class Action Lawsuit: A group of women have filed a Dark & Lovely class action lawsuit against L’Oreal USA and Softsheen-Carson, Inc., indicating they purchased Dark & Lovely hair relaxer, unaware that it contained toxic endocrine disrupting chemicals. While none of the plaintiffs indicate they have been diagnosed with a specific injury, they claim that the manufacturer should be forced to remove the adulterated products from the market and required to pay for medical monitoring of class members. Hair Relaxer Medical Monitoring Lawsuit: A hair relaxer medical monitoring lawsuit was filed by several plaintiff's in the U.S. District Court for the Eastern District of Michigan on November 17, 2022. The lawsuit calls for L’Oreal and Softsheen-Carson, Inc. to pay for medical monitoring of women who used Dark & Lovely hair relaxers who may now face an increased risk of uterine cancer, fibroids and other injuries from exposure to the toxic chemicals. Hair Relaxer Uterine Cancer Lawsuit: Following use of Dark & Lovely, Just for Me and Cantu Shea Butter Relaxer over a period of nearly three decades, Timika Smith indicated that she was diagnosed with uterine cancer and endomedtriosis, according to a lawsuit filed on November 2, 2022. Smith outlined a number of studies linking chemicals in hair relaxer and uterine cancer, indicating that the manufacturers targeted Black women. Hair Relaxer Uterine Fibroid Lawsuit: Mahogany Lee filed a lawsuit over uterine fibroids from hair relaxer products on October 27, 2022, indicating that she had to undergo a hysterectomy following development of uterine fibroids when she was 29 years old, leaving her unable to have children. Hair Relaxer Uterine Fibroid Myomectomy Lawsuit: The lawsuit was filed by KeAira Gamble in the U.S. District Court for the Southern District of Georgia on October 26, indicating she developed uterine fibroids from hair relaxer use, resulting in the need for a myomectomy. Gamble states she regularly used hair relaxer products for 18 years without knowledge of the hormone disrupting chemicals within them, which she claims has also contributed to her development of endometriosis. Hair Relaxer Cancer Lawsuit: Jennifer Mitchell filed one of the first complaints over the link between hair relaxer and cancer on October 21, 2022, alleging that regular use of Dark & Lovely, Motions and Organic Root Stimulator (ORS) Olive Oil hair relaxer caused uterine cancer to develop when she was 28 years old. As a result, Mitchell had to undergo a full hysterectomy in September 2019 and has been left unable to have children and suffering from pain and emotional distress.Have a Hair Relaxer Lawyer Review Your Case
Lawyers provide free consultations and claim evaluations to help women throughout the United States determine whether financial compensation or settlement benefits may be available by pursuing a:- Hair Relaxer Uterine Cancer Lawsuit
- Hair Relaxer Ovarian Cancer Lawsuit, or
- Hair Relaxer Uterine Fibroid Lawsuit
- Uterine Cancer
- Endometrial Cancer
- Ovarian Cancer
- Uterine Fibroids (resulting in hysterectomy or myomectomy)
- Dark & Lovely
- Just for Me
- Optimum Care
- African Pride
- Soft & Beautiful
- Motions
- TCB Naturals
- ORS Olive Oil
- Dream Kids
- Other Hair Perm Relaxers
Hair Relaxer Cancer Lawsuit Overview
Chemical hair relaxer and hair perm kids have been marketed by a number of different companies, primarily for use by African American women. However, lawsuits allege that manufacturers failed to disclose the potential side effects of several toxic chemicals in hair relaxers, which may increase the risk of uterine cancer, endometrial cancer, ovarian cancer, uterine fibroids and other injuries. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => blockTableContent [3] => blockWysiwyg [4] => postDefaultCta [5] => blockWysiwyg [6] => postContactCta [7] => blockWysiwyg [8] => postContactCta [9] => postTags [10] => postComments ) [_pageComponents] => field_pageComponents_pageComponents [sidebar_excerpt] => Regular exposure to chemicals in hair relaxer may cause uterine cancer, ovarian cancer and other injuries. Women diagnosed with cancer may be eligible for settlement benefits. [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_2_related_stories_title] => Related Stories [_pageComponents_2_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_2_related_stories] => [_pageComponents_2_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Who is Eligible for a Hair Relaxer Lawsuit Payout?
Financial compensation and settlement benefits may be available through a hair relaxer lawsuit for women who regularly used chemical hair relaxer or hair straightener, and were diagnosed with any of the following injuries:- Uterine Cancer
- Ovarian Cancer
- Endometrial Cancer
- Uterine Sarcoma
- Uterine Fibroids
- Dark and Lovely Lawsuits
- Just for Me Hair Relaxer Lawsuits
- Optimum Care Relaxer Lawsuits
- Soft and Beautiful Hair Perm Lawsuits
- Motions Hair Relaxer Lawsuits
- TCB Naturals Relaxer Creme Lawsuits
- ORS Olive Oil (Organic Root Stimulator) Lawsuits
- Dream Kids Olive Miracle Lawsuits
- Other Relaxer and Hair Perm Products
Latest 2023 Hair Relaxer Lawsuit Updates
March 2023 Update: As a growing number of women file new hair relaxer lawsuits, Judge Rowland has appointed a group of 35 hair relaxer injury lawyers to serve in leadership positions in the MDL. These attorneys will take certain actions that benefit all women pursuing a claim, but each individual plaintiff will still maintain their own lawyer to establish the link between their injury and hair relaxer products, and negotiate any settlements. February 2023 Update: A federal hair relaxer and perm cancer lawsuit MDL has been established in the Northern District of Illinois, where coordinated discovery and pretrial proceedings for all claims brought throughout the federal court system will be overseen by U.S. District Judge Mary M. Rowland. January 2023 Update: The U.S. JPML is scheduled to hear oral arguments over the pending motion to consolidate all hair relaxer lawsuits during a hearing set for January 26, 2023, in Miami, Florida. December 2022 Update: L'Oréal and several other cosmetic manufacturers are opposing the creation of a hair relaxer MDL, but indicate that if the litigation is centralized it should be managed out of the Southern District of New York. November 2022 Update: As the number of hair perm lawsuits being filed throughout the federal court system continues to grow, a group of plaintiffs filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML), asking that all hair relaxer lawsuits to be centralized in the U.S. District Court for the Northern District of Illinois before one judge for coordinated pretrial proceedings, as part of an MDL or multidistrict litigation. October 2022 Update:Following the publication of a study in October 2022, some of the first hair relaxer cancer lawsuits were filed in the federal court system.Is There A Hair Relaxer Class Action Lawsuit?
Yes. While most women are pursuing their case as an individual Dark & Lovely lawsuit, Just for Me Lawsuit or other claim over cancer caused by the products, a number of different hair relaxer class action lawsuits have also been filed on behalf of all users, seeking medical monitoring and other damages associated with the manufacturers' failure to disclose known information about the cancer risk from chemical straighteners. Given similar allegations raised in both individual and class action lawsuits over hair relaxers brought throughout the federal court system, the U.S. Judicial Panel on Multidistrict Litigation (JPML) decided to centralize all the claims before one judge in January 2023, establishing a federal hair relaxer MDL (multidistrict litigation) in the U.S. District Court for the Northern District of Illinois. U.S. District Judge Mary M. Rowland has been appointed to preside over the coordinated discovery and pretrial proceedings in the cases, where the entire litigation will be handled in a manner very similar to a hair relaxer class action lawsuit. However, after examining evidence linking hair relaxers and cancer generally, which will apply to each of the claims, it is expected that the court will establish separate tracks for hair relaxer injury lawsuits and class action claims. As part of the coordinated management of the litigation, Judge Rowland will likely establish a bellwether process, where small groups of representative lawsuits involving different types of injuries or damages will go through case-specific discovery and be prepared for early trial dates, to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the lawsuits. However, if hair relaxer and perm cancer settlements are not reached during the MDL proceedings, each individual product liability case may later be remanded back to the U.S. District Court where it was originally filed for separate trials in the future.Studies Linking Hair Relaxer and Cancer
In recent years, several studies have been published that make a connection between the use of hair relaxer and cancer, raising concerns about the wide spread use of the products by African Americans and other minority women throughout the U.S. Some of the studies and evidence suggesting that side effects of chemical hair relaxers cause cancer include:
October 2022: Hair Relaxer May Increase Uterine Cancer Risk for Women - Researchers with the National Institute of Environmental Health published findings in the Journal of the National Cancer Institute, warning that ingredients in popular hair relaxers may cause uterine cancer, as they contain endocrine-disrupting and carcinogenic chemicals.
The study involved a review of data on nearly 34,000 women between the ages of 35 and 74, including a 10 year follow up on the incidence rate of uterine cancer diagnosed. Researchers found an increased risk of uterine cancer among hair relaxer users compared to any other hair products involved in the study, as well as compared to women who used no hair straightener products.
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- 1.6% of women who never used a hair relaxer product developed uterine cancer
Examples of Hair Relaxer Lawsuits
Lawsuit Against Hair Relaxer Manufacturers Alleges Black Women Targeted: Erika Williams filed a lawsuit in the U.S. District Court for the Eastern District of Michigan on February 23, 2023, claiming hair relaxer manufacturers such as L’Oreal, Softsheen-Carson, Inc. and others targeted black women with false advertisements that hair relaxers were safe for use. Williams states she developed uterine cancer as a direct result of her regular and prolonged use of hair relaxers containing undisclosed endocrine disrupting chemicals. Hair Relaxer Ovarian Cancer Lawsuit: Tamara Sigars filed a lawsuit against several hair relaxer manufacturers on January 11, 2023, claiming the toxic chemicals used in Dark & Lovely, Optimum, Motions and other hair straightening products caused her to develop ovarian cancer. Sigars claims that as a result of the manufacturers failure to warn about cancer risks from hair relaxer use, she developed ovarian cancer that required her to undergo a hysterectomy and numerous rounds of chemotherapy. Dark & Lovely Endometrial Cancer Lawsuit: Ladonna Mahaffey filed a hair relaxer cancer lawsuit against L’Oreal and Softsheen-Carson, Inc. on December 12, 2022, claiming she developed endometriosis and endometrial cancer from routine exposure to phthalates and other endocrine disrupting chemicals in Dark & Lovely products. As a result of the conditions, Mahaffey states she required a full and complete hysterectomy at the age of 36. Dark & Lovely Class Action Lawsuit: A group of women have filed a Dark & Lovely class action lawsuit against L’Oreal USA and Softsheen-Carson, Inc., indicating they purchased Dark & Lovely hair relaxer, unaware that it contained toxic endocrine disrupting chemicals. While none of the plaintiffs indicate they have been diagnosed with a specific injury, they claim that the manufacturer should be forced to remove the adulterated products from the market and required to pay for medical monitoring of class members. Hair Relaxer Medical Monitoring Lawsuit: A hair relaxer medical monitoring lawsuit was filed by several plaintiff's in the U.S. District Court for the Eastern District of Michigan on November 17, 2022. The lawsuit calls for L’Oreal and Softsheen-Carson, Inc. to pay for medical monitoring of women who used Dark & Lovely hair relaxers who may now face an increased risk of uterine cancer, fibroids and other injuries from exposure to the toxic chemicals. Hair Relaxer Uterine Cancer Lawsuit: Following use of Dark & Lovely, Just for Me and Cantu Shea Butter Relaxer over a period of nearly three decades, Timika Smith indicated that she was diagnosed with uterine cancer and endomedtriosis, according to a lawsuit filed on November 2, 2022. Smith outlined a number of studies linking chemicals in hair relaxer and uterine cancer, indicating that the manufacturers targeted Black women. Hair Relaxer Uterine Fibroid Lawsuit: Mahogany Lee filed a lawsuit over uterine fibroids from hair relaxer products on October 27, 2022, indicating that she had to undergo a hysterectomy following development of uterine fibroids when she was 29 years old, leaving her unable to have children. Hair Relaxer Uterine Fibroid Myomectomy Lawsuit: The lawsuit was filed by KeAira Gamble in the U.S. District Court for the Southern District of Georgia on October 26, indicating she developed uterine fibroids from hair relaxer use, resulting in the need for a myomectomy. Gamble states she regularly used hair relaxer products for 18 years without knowledge of the hormone disrupting chemicals within them, which she claims has also contributed to her development of endometriosis. Hair Relaxer Cancer Lawsuit: Jennifer Mitchell filed one of the first complaints over the link between hair relaxer and cancer on October 21, 2022, alleging that regular use of Dark & Lovely, Motions and Organic Root Stimulator (ORS) Olive Oil hair relaxer caused uterine cancer to develop when she was 28 years old. As a result, Mitchell had to undergo a full hysterectomy in September 2019 and has been left unable to have children and suffering from pain and emotional distress.Have a Hair Relaxer Lawyer Review Your Case
Lawyers provide free consultations and claim evaluations to help women throughout the United States determine whether financial compensation or settlement benefits may be available by pursuing a:- Hair Relaxer Uterine Cancer Lawsuit
- Hair Relaxer Ovarian Cancer Lawsuit, or
- Hair Relaxer Uterine Fibroid Lawsuit
- Uterine Cancer
- Endometrial Cancer
- Ovarian Cancer
- Uterine Fibroids (resulting in hysterectomy or myomectomy)
- Dark & Lovely
- Just for Me
- Optimum Care
- African Pride
- Soft & Beautiful
- Motions
- TCB Naturals
- ORS Olive Oil
- Dream Kids
- Other Hair Perm Relaxers
Cartiva Lawsuit Overview
Since 2016, the Cartiva synthetic cartilage implant has been promoted as an alternative to big toe fusion surgery and hailed by the manufacturer as a revolutionary toe implant designed to provide pain relief for individuals suffering from degraded cartilage in the big toe joint. However, only a few years it was introduced, toe implant patients began reporting high rates of Cartiva surgery complications, including severe toe pain, loosening, fracture and subsidence, which is where the implant slips into the bone. As a result, individuals across the U.S. are now pursuing Cartiva lawsuits against the manufacturer, claiming a defective design makes the toe implant prone to fail and cause severe pain, often resulting in the need for additional surgery and long-term disability.Who May Be Eligible for a Cartiva Implant Lawsuit Payout?
Financial compensation may be available through a Cartiva lawsuit settlement for individuals who who received the big toe implant and experienced any of the following complications:- Implant Failure/Fracture
- Subsidence (implant sinks into the bone)
- Toe Fusion Surgery
- Replacement Surgery
- Revision Surgery
Latest Cartiva Lawsuit Update 2023
January 2023 Update: A series of voluntarily dismissals have been entered in early lawsuits filed, allowing plaintiffs to refile their claims in the future, and raising speculation of Cartiva toe implant settlements or an agreement to toll the statute of limitations may have been confidentially reached.
December 2022 Update: In the latest of at least six Cartiva toe implant lawsuits brought this year, a Texas woman filed a product liability lawsuit against Stryker B.V., Wright Medical Group, N.V. and Cartiva, Inc., claiming the companies negligently offered a defective medical device to consumers and failed to disclose known risks.
November 2022 Update: Over the last several years a growing number of private orthopedic practices have publicly expressed concerns about the high rate of Cartiva implant failure in patients. Many practices have largely abandoned the use of Cartiva due to the high failure rate, choosing alternative treatment options with better success.
Cartiva Implant Background and FDA Approval
Approximately 2.2 million people in the U.S. suffer from conditions known as hallux limitus or hallux rigidus, which are forms of degenerative arthritis in the first joint of the big toe, known as the first metatarsophalangeal joint. The conditions cause the cartilage in that joint to degrade, which can result in severe pain and limited range of motion in the big toe. Prior to Cartiva, the only treatment option was to remove the deteriorated big toe joint and fuse the toe bones together, a procedure known as big toe fusion or arthrodesis. The Cartiva Synthetic Cartilage Implant was introduced in 2015, as an alternative to arthrodesis, involving a cylindrical implant made of polyvinyl alcohol-based hydrogel (PVA) designed to provide a gel-like cushioning to replace the degraded cartilage in the big toe joint. The implant was promoted as a revolutionary alternative to patients facing big toe fusion surgery, and was advertised by the manufacturer as safe and effective. The Cartiva implant first received premarket approval from the U.S. Food and Drug Administration 2016, based on the results of the clinical trial known as the “Motion” study. The Motion study claimed that the Cartiva toe implant was substantially equivalent to big toe fusion surgery in treating patients with damaged or deteriorated cartilage in the first metatarsophalangeal joint. The study also claimed there was only a 13.5% Cartiva implant failure rate. Real-world patient outcomes have demonstrated much higher Cartiva toe implant failure rates, with patients reporting alarming rates of complications, which have included severe toe pain, loosening, fracturing and subsidence, which is when the implant sinks into the bone.Why Does The Cartiva Implant Fail?
Medical experts have offered several theories on why the Cartiva implant fails. Some of the most compelling arguments made for why the implant fails have included:- Improperly Textured - Experts have suggested the round smooth surface of the device on all surrounding sides may allow the device to move. This can result in implant loosening that causes joint failure.
- Cartiva Implant Shrinking- Studies have indicated the water-based Cartiva implant may shrink once implanted due to the lack of hydration. This may allow the implant to loosen and slip into the bone (subsidence).
- Bone Weakening Around The Implant - Experts have also theorized that the implant was not designed properly to withstand the surrounding bone being weakened by arthritis, the condition in which Cartiva was designed to treat. The lack of supporting bone combined with the improperly textured or shrinking device could allow the implant to loosen and slip into the bone.
Manufacturers Withheld Information on Cartiva Implant Failures
In several Cartiva lawsuits that have been filed throughout 2022, individuals have raised allegations against Cartiva Inc., Wright Medical Group and Stryker, claiming the manufacturers have withheld information for years about the increasing number of Cartiva implant failures, in an attempt to avoid a Cartiva recall and increase profits. Lawsuits have claimed each of the manufacturers, that either currently own Cartiva (Stryker), or previously owned Cartiva since 2016 (Cartiva Inc. and Wright Medical Group), were aware of higher failure rates than the 13% failure rate disclosed to patients. Plaintiff’s have argued that the manufacturer had exclusive knowledge of the potential Cartiva defects, citing more than 144 adverse event reports regarding loss of toe mobility, pain and high failure rates filed with the FDA. In addition to the FDA reports, multiple studies have been published outlining the increasing rate of implant failures and complications. However, rather than the manufacturers fulfilling their legal obligations to report the increasing rate of Cartiva implant failures and complications to the FDA, and warning the public, the medical device companies chose to take no action to protect patients.Cartiva Implant Complication Studies
Several follow-up studies and case reports have never been able to duplicate the results of the Cartiva Motion clinical trial. In fact, research published in medical journals have suggested Cartiva implant failure rates may be upward of 6 times higher than the manufacturer previously reported. November 2022: Cartiva Causes Increased Post Operative Pain Compared to Arthrodesis – Preliminary findings of an ongoing study published in the medical journal Foot & Ankle International found patients who received the Cartiva toe implant were more likely to report more post-operative pain. The study reviewed 100 patients who underwent either Cartiva hemiarthroplasty, arthrodesis (fusing of the joint), or interpositional arthroplasty, finding Cartiva patients reported a worse overall combination of postoperative pain, function, and alignment when compared to patients who received the alternative treatments. October 2020: 79% of Cartiva Implants Failed Within Two Years - A study published by the American Orthopedic Foot and Ankle Society indicates patients receiving Cartiva implants for the treatment of hallux rigidus face a 79% implant failure risk within two years of receiving Cartiva. Researchers found 64% of patients who received a Cartiva implant for hallux rigidus experienced device failure within four weeks of the surgery. The study found the risk of failure increased as time passed, reporting a 79% failure rate in patients by 19 months post-surgery. The most commonly reported reason for Cartiva failure was subsidence, in which the implant loosened and was able to sink into the toe bone resulting in severe toe pain and revision surgery in some cases. The study further revealed 43% of patients reported the Cartiva implant offered no benefit in relieving toe pain or increasing mobility within the 19 month follow-up. October 2019: Nearly A Third of Cartiva Recipients Dissatisfied With Outcome – In another study published by the American Orthopedic Foot and Ankle Society, researchers from Cedar Sinai Hospital found that 30% of Cartiva SCI recipients were either dissatisfied or very dissatisfied with the outcomes of the procedure. The study found 50% required a corticosteroid injection after receiving the implant, in which researchers concluded the Cartiva implant only yielded modest patient satisfaction, with a large proportion requiring further treatment and workup post operatively. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => postDefaultCta [3] => blockWysiwyg [4] => postContactCta [5] => blockWysiwyg [6] => postContactCta [7] => postTags [8] => postComments [9] => postMoreTopStories ) [_pageComponents] => field_pageComponents_pageComponents [sidebar_excerpt] => Lawyers are reviewing Cartiva lawsuits for individuals who experienced complications after receiving the toe implant. Settlement benefits may be available. [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [wmx-schema-json] => Array ( [0] => { "@context": "https://schema.org/", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Is there a Cartiva implant lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "implant patients began reporting high rates of Cartiva complications, including severe toe pain, loosening, fracture and subsidence, which is where the implant slips into the bone. As a result, individuals across the U.S. are now pursuing Cartiva lawsuits against the manufacturer, claiming a defective design makes the toe implant prone to fail and cause severe pain, often resulting in the need for additional surgery and long-term disability." } }, { "@type": "Question", "name": "Who May Be Eligible for a Cartiva Implant Lawsuit Payout?", "acceptedAnswer": { "@type": "Answer", "text": "Financial compensation may be available through a Cartiva lawsuit settlement for individuals who who received the big toe implant and experienced any of the following complications: Implant Failure/Fracture Subsidence (implant sinks into the bone) Toe Fusion Surgery Replacement Surgery Revision Surgery" } }, { "@type": "Question", "name": "What is the latest Cartiva toe implant lawsuit update?", "acceptedAnswer": { "@type": "Answer", "text": "December 2022 Update: In the latest of at least six Cartiva toe implant lawsuits brought this year, a Texas woman filed a product liability lawsuit against Stryker B.V., Wright Medical Group, N.V. and Cartiva, Inc., claiming the companies negligently offered a defective medical device to consumers and failed to disclose known risks." } }, { "@type": "Question", "name": "Why does the Cartiva implant fail?", "acceptedAnswer": { "@type": "Answer", "text": "Medical experts have offered several theories on why the Cartiva implant fails. Some of the most compelling arguments made for why the implant fails have included: Improperly Textured – Experts have suggested the round smooth surface of the device on all surrounding sides may allow the device to move. This can result in implant loosening that causes joint failure. Cartiva Implant Shrinking– Studies have indicated the water-based Cartiva implant may shrink once implanted due to the lack of hydration. This may allow the implant to loosen and slip into the bone (subsidence). Bone Weakening Around The Implant – Experts have also theorized that the implant was not designed properly to withstand the surrounding bone being weakened by arthritis, the condition in which Cartiva was designed to treat. The lack of supporting bone combined with the improperly textured or shrinking device could allow the implant to loosen and slip into the bone." } }, { "@type": "Question", "name": "What are the allegations being raised in Cartiva toe implant lawsuits?", "acceptedAnswer": { "@type": "Answer", "text": "In several Cartiva lawsuits that have been filed throughout 2022, individuals have raised allegations against Cartiva Inc., Wright Medical Group and Stryker, claiming the manufacturers have withheld information for years about the increasing number of Cartiva implant failures, in an attempt to avoid a Cartiva recall and increase profits. Lawsuits have claimed each of the manufacturers, that either currently own Cartiva (Stryker), or previously owned Cartiva since 2016 (Cartiva Inc. and Wright Medical Group), were aware of higher failure rates than the 13% failure rate disclosed to patients." } }, { "@type": "Question", "name": "How long does the Cartiva toe implant last?", "acceptedAnswer": { "@type": "Answer", "text": "A study published by the American Orthopedic Foot and Ankle Society indicates patients receiving Cartiva implants for the treatment of hallux rigidus face a 79% implant failure risk within two years of receiving Cartiva. Researchers found 64% of patients who received a Cartiva implant for hallux rigidus experienced device failure within four weeks of the surgery. The study found the risk of failure increased as time passed, reporting a 79% failure rate in patients by 19 months post-surgery." } }, { "@type": "Question", "name": "What to expect after Cartiva surgery?", "acceptedAnswer": { "@type": "Answer", "text": "The study reviewed 100 patients who underwent either Cartiva hemiarthroplasty, arthrodesis (fusing of the joint), or interpositional arthroplasty, finding Cartiva patients reported a worse overall combination of postoperative pain, function, and alignment when compared to patients who received the alternative treatments.. In another study published by the American Orthopedic Foot and Ankle Society, researchers from Cedar Sinai Hospital found that 30% of Cartiva SCI recipients were either dissatisfied or very dissatisfied with the outcomes of the procedure." } } ] } ) [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [_thumbnail_id] => 49807 [_yoast_wpseo_primary_lawsuits] => 25 [_yoast_wpseo_primary_topics] => 5462 [pageComponents_4_title] => Share Your Story [_pageComponents_4_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_4_caption] => Did you experience Cartiva complications? Share your story with the AboutLawsuits.com community and have your comments reviewed by a lawyer to determine if you may be eligible for a lawsuit. [_pageComponents_4_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_4_image] => [_pageComponents_4_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_4_link] => Array ( [title] => ADD COMMENTS [url] => #seventen-post-comments [target] => ) [_pageComponents_4_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_4_gform_id] => [_pageComponents_4_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_4_button_style] => standard [_pageComponents_4_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_4_show_if_not_in_target_topic] => 1 [_pageComponents_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_5_textAlignment] => text-left [_pageComponents_5_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_5_full_width] => standard-width [_pageComponents_5_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_5_contentHtml] =>Examples of Cartiva Lawsuits
February 2023: Cartiva Toe Implant Medical Malpractice Lawsuit. Eugene Perez filed a lawsuit against the medical providers who recommended the use of a Cartiva implant for his big toe pain caused by a condition known as hallux rigidus. Perez claims the medical providers breached their standard of care by recommending a Cartiva implant since the device contains a flawed design, is prone to failure, and was not appropriate for treating his condition. October 2022: Cartiva Lawsuit Over Failure Two Years After Toe Implant Surgery Cathy Atkinson filed a lawsuit against Cartiva manufacturers in the U.S. District Court for the Western District of Texas, claiming she received a defectively designed Cartiva implant that failed, resulting in the need for additional surgeries. Atkinson received a Cartiva implant in November 2018, which failed only two years later, requiring Cartiva removal surgery in December 2020 and the need for arthrodesis fusion surgery in 2021.Have a Cartiva Lawyer Review Your Case
If you or a loved one received a Cartiva toe implant and experienced complications resulting in the need for revision surgery, replacement surgery or big toe fusion, submit information about your potential claim for review by a Cartiva lawyer to determine whether a settlement or lawsuit payout may be available. Lawyers provide free claim evaluations and consultations. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_6_title] => Free Case Evaluation [_pageComponents_6_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_6_caption] => Find out if you are eligible for a Cartiva Implant Lawsuit Payout [_pageComponents_6_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_6_image] => 8540 [_pageComponents_6_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_6_link] => Array ( [title] => CONTACT A LAWYER [url] => /contact/?inquiry=cartiva&action=hub-bottom-cta [target] => ) [_pageComponents_6_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_6_gform_id] => [_pageComponents_6_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_6_button_style] => standard [_pageComponents_6_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_6_show_if_not_in_target_topic] => 0 [_pageComponents_6_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_7_show_related_stories] => 1 [_pageComponents_7_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_9_return_posts] => first [_pageComponents_9_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [pageComponents_0_new_hero] => 0 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero ) [___content:protected] => [_permalink:protected] => [_next:protected] => Array ( ) [_prev:protected] => Array ( ) [_css_class:protected] => [id] => 49981 [ID] => 49981 [post_author] => 5 [post_content] => [sevenTenTheContent id="49981"] [post_date] => 2023-06-01 17:20:50 [post_excerpt] => [post_parent] => 0 [post_status] => publish [post_title] => Cartiva Toe Implant Lawsuit Information [post_type] => page [slug] => cartiva-lawsuit [__type:protected] => [_edit_lock] => 1685648250:4 [_edit_last] => 4 [hide_sticky_menu] => 0 [_hide_sticky_menu] => field_636167d66e369 [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Settlement benefits may be available through a Cartiva lawsuit for individuals who experienced problems with the big toe implant. Learn more about claims being pursued and criteria for potential Cartiva toe implant lawsuit payouts. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_1_contentHtml] =>Cartiva Lawsuit Overview
Since 2016, the Cartiva synthetic cartilage implant has been promoted as an alternative to big toe fusion surgery and hailed by the manufacturer as a revolutionary toe implant designed to provide pain relief for individuals suffering from degraded cartilage in the big toe joint. However, only a few years it was introduced, toe implant patients began reporting high rates of Cartiva surgery complications, including severe toe pain, loosening, fracture and subsidence, which is where the implant slips into the bone. As a result, individuals across the U.S. are now pursuing Cartiva lawsuits against the manufacturer, claiming a defective design makes the toe implant prone to fail and cause severe pain, often resulting in the need for additional surgery and long-term disability.Who May Be Eligible for a Cartiva Implant Lawsuit Payout?
Financial compensation may be available through a Cartiva lawsuit settlement for individuals who who received the big toe implant and experienced any of the following complications:- Implant Failure/Fracture
- Subsidence (implant sinks into the bone)
- Toe Fusion Surgery
- Replacement Surgery
- Revision Surgery
Latest Cartiva Lawsuit Update 2023
January 2023 Update: A series of voluntarily dismissals have been entered in early lawsuits filed, allowing plaintiffs to refile their claims in the future, and raising speculation of Cartiva toe implant settlements or an agreement to toll the statute of limitations may have been confidentially reached.
December 2022 Update: In the latest of at least six Cartiva toe implant lawsuits brought this year, a Texas woman filed a product liability lawsuit against Stryker B.V., Wright Medical Group, N.V. and Cartiva, Inc., claiming the companies negligently offered a defective medical device to consumers and failed to disclose known risks.
November 2022 Update: Over the last several years a growing number of private orthopedic practices have publicly expressed concerns about the high rate of Cartiva implant failure in patients. Many practices have largely abandoned the use of Cartiva due to the high failure rate, choosing alternative treatment options with better success.
Cartiva Implant Background and FDA Approval
Approximately 2.2 million people in the U.S. suffer from conditions known as hallux limitus or hallux rigidus, which are forms of degenerative arthritis in the first joint of the big toe, known as the first metatarsophalangeal joint. The conditions cause the cartilage in that joint to degrade, which can result in severe pain and limited range of motion in the big toe. Prior to Cartiva, the only treatment option was to remove the deteriorated big toe joint and fuse the toe bones together, a procedure known as big toe fusion or arthrodesis. The Cartiva Synthetic Cartilage Implant was introduced in 2015, as an alternative to arthrodesis, involving a cylindrical implant made of polyvinyl alcohol-based hydrogel (PVA) designed to provide a gel-like cushioning to replace the degraded cartilage in the big toe joint. The implant was promoted as a revolutionary alternative to patients facing big toe fusion surgery, and was advertised by the manufacturer as safe and effective. The Cartiva implant first received premarket approval from the U.S. Food and Drug Administration 2016, based on the results of the clinical trial known as the “Motion” study. The Motion study claimed that the Cartiva toe implant was substantially equivalent to big toe fusion surgery in treating patients with damaged or deteriorated cartilage in the first metatarsophalangeal joint. The study also claimed there was only a 13.5% Cartiva implant failure rate. Real-world patient outcomes have demonstrated much higher Cartiva toe implant failure rates, with patients reporting alarming rates of complications, which have included severe toe pain, loosening, fracturing and subsidence, which is when the implant sinks into the bone.Why Does The Cartiva Implant Fail?
Medical experts have offered several theories on why the Cartiva implant fails. Some of the most compelling arguments made for why the implant fails have included:- Improperly Textured - Experts have suggested the round smooth surface of the device on all surrounding sides may allow the device to move. This can result in implant loosening that causes joint failure.
- Cartiva Implant Shrinking- Studies have indicated the water-based Cartiva implant may shrink once implanted due to the lack of hydration. This may allow the implant to loosen and slip into the bone (subsidence).
- Bone Weakening Around The Implant - Experts have also theorized that the implant was not designed properly to withstand the surrounding bone being weakened by arthritis, the condition in which Cartiva was designed to treat. The lack of supporting bone combined with the improperly textured or shrinking device could allow the implant to loosen and slip into the bone.
Manufacturers Withheld Information on Cartiva Implant Failures
In several Cartiva lawsuits that have been filed throughout 2022, individuals have raised allegations against Cartiva Inc., Wright Medical Group and Stryker, claiming the manufacturers have withheld information for years about the increasing number of Cartiva implant failures, in an attempt to avoid a Cartiva recall and increase profits. Lawsuits have claimed each of the manufacturers, that either currently own Cartiva (Stryker), or previously owned Cartiva since 2016 (Cartiva Inc. and Wright Medical Group), were aware of higher failure rates than the 13% failure rate disclosed to patients. Plaintiff’s have argued that the manufacturer had exclusive knowledge of the potential Cartiva defects, citing more than 144 adverse event reports regarding loss of toe mobility, pain and high failure rates filed with the FDA. In addition to the FDA reports, multiple studies have been published outlining the increasing rate of implant failures and complications. However, rather than the manufacturers fulfilling their legal obligations to report the increasing rate of Cartiva implant failures and complications to the FDA, and warning the public, the medical device companies chose to take no action to protect patients.Cartiva Implant Complication Studies
Several follow-up studies and case reports have never been able to duplicate the results of the Cartiva Motion clinical trial. In fact, research published in medical journals have suggested Cartiva implant failure rates may be upward of 6 times higher than the manufacturer previously reported. November 2022: Cartiva Causes Increased Post Operative Pain Compared to Arthrodesis – Preliminary findings of an ongoing study published in the medical journal Foot & Ankle International found patients who received the Cartiva toe implant were more likely to report more post-operative pain. The study reviewed 100 patients who underwent either Cartiva hemiarthroplasty, arthrodesis (fusing of the joint), or interpositional arthroplasty, finding Cartiva patients reported a worse overall combination of postoperative pain, function, and alignment when compared to patients who received the alternative treatments. October 2020: 79% of Cartiva Implants Failed Within Two Years - A study published by the American Orthopedic Foot and Ankle Society indicates patients receiving Cartiva implants for the treatment of hallux rigidus face a 79% implant failure risk within two years of receiving Cartiva. Researchers found 64% of patients who received a Cartiva implant for hallux rigidus experienced device failure within four weeks of the surgery. The study found the risk of failure increased as time passed, reporting a 79% failure rate in patients by 19 months post-surgery. The most commonly reported reason for Cartiva failure was subsidence, in which the implant loosened and was able to sink into the toe bone resulting in severe toe pain and revision surgery in some cases. The study further revealed 43% of patients reported the Cartiva implant offered no benefit in relieving toe pain or increasing mobility within the 19 month follow-up. October 2019: Nearly A Third of Cartiva Recipients Dissatisfied With Outcome – In another study published by the American Orthopedic Foot and Ankle Society, researchers from Cedar Sinai Hospital found that 30% of Cartiva SCI recipients were either dissatisfied or very dissatisfied with the outcomes of the procedure. The study found 50% required a corticosteroid injection after receiving the implant, in which researchers concluded the Cartiva implant only yielded modest patient satisfaction, with a large proportion requiring further treatment and workup post operatively. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => postDefaultCta [3] => blockWysiwyg [4] => postContactCta [5] => blockWysiwyg [6] => postContactCta [7] => postTags [8] => postComments [9] => postMoreTopStories ) [_pageComponents] => field_pageComponents_pageComponents [sidebar_excerpt] => Lawyers are reviewing Cartiva lawsuits for individuals who experienced complications after receiving the toe implant. Settlement benefits may be available. [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [wmx-schema-json] => Array ( [0] => { "@context": "https://schema.org/", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Is there a Cartiva implant lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "implant patients began reporting high rates of Cartiva complications, including severe toe pain, loosening, fracture and subsidence, which is where the implant slips into the bone. As a result, individuals across the U.S. are now pursuing Cartiva lawsuits against the manufacturer, claiming a defective design makes the toe implant prone to fail and cause severe pain, often resulting in the need for additional surgery and long-term disability." } }, { "@type": "Question", "name": "Who May Be Eligible for a Cartiva Implant Lawsuit Payout?", "acceptedAnswer": { "@type": "Answer", "text": "Financial compensation may be available through a Cartiva lawsuit settlement for individuals who who received the big toe implant and experienced any of the following complications: Implant Failure/Fracture Subsidence (implant sinks into the bone) Toe Fusion Surgery Replacement Surgery Revision Surgery" } }, { "@type": "Question", "name": "What is the latest Cartiva toe implant lawsuit update?", "acceptedAnswer": { "@type": "Answer", "text": "December 2022 Update: In the latest of at least six Cartiva toe implant lawsuits brought this year, a Texas woman filed a product liability lawsuit against Stryker B.V., Wright Medical Group, N.V. and Cartiva, Inc., claiming the companies negligently offered a defective medical device to consumers and failed to disclose known risks." } }, { "@type": "Question", "name": "Why does the Cartiva implant fail?", "acceptedAnswer": { "@type": "Answer", "text": "Medical experts have offered several theories on why the Cartiva implant fails. Some of the most compelling arguments made for why the implant fails have included: Improperly Textured – Experts have suggested the round smooth surface of the device on all surrounding sides may allow the device to move. This can result in implant loosening that causes joint failure. Cartiva Implant Shrinking– Studies have indicated the water-based Cartiva implant may shrink once implanted due to the lack of hydration. This may allow the implant to loosen and slip into the bone (subsidence). Bone Weakening Around The Implant – Experts have also theorized that the implant was not designed properly to withstand the surrounding bone being weakened by arthritis, the condition in which Cartiva was designed to treat. The lack of supporting bone combined with the improperly textured or shrinking device could allow the implant to loosen and slip into the bone." } }, { "@type": "Question", "name": "What are the allegations being raised in Cartiva toe implant lawsuits?", "acceptedAnswer": { "@type": "Answer", "text": "In several Cartiva lawsuits that have been filed throughout 2022, individuals have raised allegations against Cartiva Inc., Wright Medical Group and Stryker, claiming the manufacturers have withheld information for years about the increasing number of Cartiva implant failures, in an attempt to avoid a Cartiva recall and increase profits. Lawsuits have claimed each of the manufacturers, that either currently own Cartiva (Stryker), or previously owned Cartiva since 2016 (Cartiva Inc. and Wright Medical Group), were aware of higher failure rates than the 13% failure rate disclosed to patients." } }, { "@type": "Question", "name": "How long does the Cartiva toe implant last?", "acceptedAnswer": { "@type": "Answer", "text": "A study published by the American Orthopedic Foot and Ankle Society indicates patients receiving Cartiva implants for the treatment of hallux rigidus face a 79% implant failure risk within two years of receiving Cartiva. Researchers found 64% of patients who received a Cartiva implant for hallux rigidus experienced device failure within four weeks of the surgery. The study found the risk of failure increased as time passed, reporting a 79% failure rate in patients by 19 months post-surgery." } }, { "@type": "Question", "name": "What to expect after Cartiva surgery?", "acceptedAnswer": { "@type": "Answer", "text": "The study reviewed 100 patients who underwent either Cartiva hemiarthroplasty, arthrodesis (fusing of the joint), or interpositional arthroplasty, finding Cartiva patients reported a worse overall combination of postoperative pain, function, and alignment when compared to patients who received the alternative treatments.. In another study published by the American Orthopedic Foot and Ankle Society, researchers from Cedar Sinai Hospital found that 30% of Cartiva SCI recipients were either dissatisfied or very dissatisfied with the outcomes of the procedure." } } ] } ) [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [_thumbnail_id] => 49807 [_yoast_wpseo_primary_lawsuits] => 25 [_yoast_wpseo_primary_topics] => 5462 [pageComponents_4_title] => Share Your Story [_pageComponents_4_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_4_caption] => Did you experience Cartiva complications? Share your story with the AboutLawsuits.com community and have your comments reviewed by a lawyer to determine if you may be eligible for a lawsuit. [_pageComponents_4_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_4_image] => [_pageComponents_4_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_4_link] => Array ( [title] => ADD COMMENTS [url] => #seventen-post-comments [target] => ) [_pageComponents_4_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_4_gform_id] => [_pageComponents_4_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_4_button_style] => standard [_pageComponents_4_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_4_show_if_not_in_target_topic] => 1 [_pageComponents_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_5_textAlignment] => text-left [_pageComponents_5_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_5_full_width] => standard-width [_pageComponents_5_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_5_contentHtml] =>Examples of Cartiva Lawsuits
February 2023: Cartiva Toe Implant Medical Malpractice Lawsuit. Eugene Perez filed a lawsuit against the medical providers who recommended the use of a Cartiva implant for his big toe pain caused by a condition known as hallux rigidus. Perez claims the medical providers breached their standard of care by recommending a Cartiva implant since the device contains a flawed design, is prone to failure, and was not appropriate for treating his condition. October 2022: Cartiva Lawsuit Over Failure Two Years After Toe Implant Surgery Cathy Atkinson filed a lawsuit against Cartiva manufacturers in the U.S. District Court for the Western District of Texas, claiming she received a defectively designed Cartiva implant that failed, resulting in the need for additional surgeries. Atkinson received a Cartiva implant in November 2018, which failed only two years later, requiring Cartiva removal surgery in December 2020 and the need for arthrodesis fusion surgery in 2021.Have a Cartiva Lawyer Review Your Case
If you or a loved one received a Cartiva toe implant and experienced complications resulting in the need for revision surgery, replacement surgery or big toe fusion, submit information about your potential claim for review by a Cartiva lawyer to determine whether a settlement or lawsuit payout may be available. Lawyers provide free claim evaluations and consultations. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_6_title] => Free Case Evaluation [_pageComponents_6_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_6_caption] => Find out if you are eligible for a Cartiva Implant Lawsuit Payout [_pageComponents_6_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_6_image] => 8540 [_pageComponents_6_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_6_link] => Array ( [title] => CONTACT A LAWYER [url] => /contact/?inquiry=cartiva&action=hub-bottom-cta [target] => ) [_pageComponents_6_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_6_gform_id] => [_pageComponents_6_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_6_button_style] => standard [_pageComponents_6_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_6_show_if_not_in_target_topic] => 0 [_pageComponents_6_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_7_show_related_stories] => 1 [_pageComponents_7_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_9_return_posts] => first [_pageComponents_9_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [pageComponents_0_new_hero] => 0 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [post_date_gmt] => 2023-06-01 21:20:50 [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => cartiva-lawsuit [to_ping] => [pinged] => [post_modified] => 2023-06-01 15:37:30 [post_modified_gmt] => 2023-06-01 19:37:30 [post_content_filtered] => [guid] => https://www.aboutlawsuits.com/?page_id=49981 [menu_order] => 3 [post_mime_type] => [comment_count] => 0 [filter] => raw [status] => publish ) [3] => Timber\Post Object ( [ImageClass] => Timber\Image [PostClass] => Timber\Post [TermClass] => Timber\Term [object_type] => post [custom] => Array ( [_wp_page_template] => default [pageComponents_1_contentHtml] =>What is the Philips DreamStation Recall Lawsuit?
Philips Respironics issued a massive recall for CPAP, Bi-PAP and ventilators sold between 2009 and April 2021, which contained a defective PE-PUR sound abatement, which may degrade and release black particles and chemicals directly into the sleep apnea machine air pathways and the lungs of users. Former users are now pursuing Philips CPAP lawsuits, seeking financial compensation and settlement benefits that may be available for health problems caused by the machines, including:- Leukemia, Lymphoma or other Cancer Diagnosis
- Pulmonary Fibrosis, Sarcoidosis or other Lung Disease
- Chronic Asthma, Bronchitis or Pneumonia
- Liver Injury, Kidney Injury, Heart Attack, Stroke or Heart Failure
- Medical Treatment for Symptoms Like Headaches, Breathing Problems, Irritation, Nausea and Vomiting
Philips CPAP Settlement Updates
March 2023 Update: Royal Philips CEO Roy Jakobs indicated in an interview with Dutch newspaper Het Financieele Dagblad, that the company is close to a settlement agreement involving economic damage payouts for Philips CPAP class action lawsuits, which could be finalized in 2023, and hopes to reach a global Philips CPAP injury lawsuit settlement in 2024. September 2022 Update: The U.S. Department of Justice issued a press release announcing the Philips Respironics whistleblower lawsuit settlement, which will require the manufacturer to pay $22.62 million to the federal government and another $2.13 million to various states for its involvement in an illegal kickback scheme to defraud the Medicare, Medicaid and other health programs. May 2022 Update: Judge Conti has appointed a Philips CPAP recall settlement master early in the litigation, to oversee negotiation between the parties and attempts to resolve thousands of claims being pursued by users left with injuries.Latest Philips CPAP Lawsuit Updates and Status
March 2023 Update: In February, the FDA updated the number of adverse medical events connected to recalled Philips CPAP devices, as well as other recalled breathing machines manufactured by the company, indicating nearly 350 deaths have been linked to sound abatement foam problems, as well as almost 100,000 incident reports. In late March, Philips CEO said the company hopes to begin reaching Philips CPAP lawsuit settlements later this year. November 2022 Update: In October, Judge Conti allowed the streamlining of the filing process for Philips CPAP lawsuits, through the use of a Master Complaint and short-form complaints. On November 23, the FDA reported at least 260 deaths had been linked to recalled Philips CPAP devices. October 2022 Update: In September, Judge Conti held a Philips CPAP lawsuit “show and tell” science day, where the parties made presentations to the court that were intended to provide education about scientific issues that will come up during the pretrial proceedings. She also approved a census registry program, which would require potential claimants to complete a short census form and disclose some health information. In return, the statute of limitations will be tolled for those claimants, similar to an earlier tolling agreement that is now being terminated. August 2022 Update: According to a report by the FDA, the agency has received received more than 69,000 reports involving problems with toxic Philips CPAP sound abatement foam, including reports of 168 deaths. July 2022 Update: The Court has authorized the parties to move forward with common fact discovery in Philips CPAP lawsuits pending in the federal court system, regarding issues that apply to all claims. It is expected that in the coming months a bellwether trial process will be established, where a small group of representative claims will then go through case-specific discovery and preparations for a series of early trial dates to help gauge how juries will respond to certain evidence and testimony that will be repeated throughout the litigation. February 2022 Update: Parties have reached an agreement that allows potential claimants to enter their claim on a Philips CPAP lawsuit tolling agreement, which will prevent the statute of limitations from expiring on their claim. October 2021 Update: All Philips CPAP lawsuits have been centralized in the federal court system before Senior U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania for coordinated discovery and pretrial proceedings, as part of a multidistrict litigation (MDL).Why was there a Philips Respironics recall for DreamStation, CPAP, Bi-PAP and Ventilators?
Recalled Philips DreamStation, CPAP (Continuous Positive Airway Pressure), BiPAP (Bi-Level Positive Airway Pressure) and mechanical ventilator machines were sold with defective PE-PUR sound abatement foam, which was intended to reduce noise and vibrations from the devices. However, due to problems with the material and design of the breathing machines, this PE-PUR foam may break down and release toxic particles and chemicals directly into the machines air pathways. The recalled Philips CPAP machines are used for the treatment of sleep apnea and some other breathing disorders, pushing air through the nostrils and into the back of the throat by increasing air pressure, which keeps the airways open and prevents both snoring and lapses in breathing during sleep. They can also be used to help infants breathe when they are born with lungs which are not fully developed. BiPAP machines use two-level positive airway pressure, meaning they help both with inhaling and, unlike CPAP machines, assist in exhaling as well. They are often set to monitor the breathing of the subject and activate when the user stops breathing or when their breathing decreases below a set number of breaths per minute. Philips ventilators may be used in an ICU, hospital, nursing home or in-home care setting among individuals who require mechanical assistance to breath, providing life-sustaining treatment.What are the problems with Philips CPAP foam?
The Philips machine recall was issued after problems were discovered with the Philips PE-PUR sound abatement foam used inside the devices. The Philips CPAP foam problems may include:- Foam degradation issues may cause black particles or debris to be inhaled or swallowed;
- Foam breakdown may release certain toxic chemicals into the machine air pathway
Can my recalled Philips DreamStation be repaired?
Philips reported that it had received authorization from the FDA to “rework” recalled first-generation DreamStation CPAP devices in September 2021. This will involve removing and replacing the defective foam with a different material. However, it is estimated that repairing or replacing Philips CPAP machines will take up to a year to complete. In November 2021, the FDA issued an update on the recall and raised concerns about the safety of repaired Philips DreamStation machines, indicating that the new silicone foam used as a replacement for the original polyester-based polyurethane foam may also release volatile organic compounds. In January 2022, the FDA warned that some customers had received the silicone foam in their repaired devices. The agency has ordered Philips to conduct an independent investigation into whether the silicone foam is safe.Why was a SoClean lawsuit filed against Philips Respironics?
Several months after the DreamStation recall, the manufactures of SoClean filed a lawsuit against Philips over several statements that suggested SoClean and other ozone cleaning products may exacerbate the breakdown of the sound abatement foam in CPAP machines. The lawsuit by SoClean alleges their product is being used as a scapegoat for "inexcusable design flaws" in the Philips sleep apnea machines. In addition to Philips Respironics CPAP lawsuits, there are now also a number of individuals pursuing a SoClean class action lawsuit, indicating that the SoClean 2 CPAP sanitizing machine releases dangerous levels of ozone, which were described as "activated oxygen" in marketing material. According to allegations raised in the SoClean lawsuit against Philips, the CPAP sanitizing device is not responsible for the breakdown of the DreamStation sound abatement foam. Rather, SoClean maintains that an unreasonably dangerous and defective CPAP machine design is to blame, including:- Use of a polyester-based polyester foam material known to break down and release toxic chemicals;
- Design decisions that placed the sound abatement foam directly in the sleep apnea machine's air pathways, causing particles and gasses to immediately flow into the mouth and lungs of users;
- Delaying a Philips DreamStation recall for years after first learning that the foam was degrading and posing a direct health risk for users.
How long did Philips Respironics know the CPAP machines were dangerous?
An FDA inspection report (PDF) released in November 2021 suggested that Philips Respironics knew about the CPAP machine dangers for years before taking any action to recall the sleep apnea machines. Since 2008, the FDA identified at least 222,000 complaints involving keywords that suggested problems with foam deteriorating and releasing black particles or debris into the machine airways. A number of internal emails with a raw foam supplier beginning in October 2015 confirmed that Philips Respironics was aware of the CPAP foam dangers, yet the company failed to investigate the problems, issue any warnings or recall the sleep apnea machines until 2021. As late as March 2022, the FDA warned that Philips had failed to adequately notify owners of the recalled CPAP machines of the health risks linked to the sound abatement foam. Philips executives have also indicated that the Department of Justice has launched an investigation into the recalls.Health Risks from Philips Respironics Breathing Machines
Since the recall, a growing number of CPAP health issues have been reported to the FDA by users who found black debris or particles in CPAP masks tubing and headgear, reporting symptoms of:- Headache (often referred to as “CPAP Headaches”)
- Upper Airway Irritation
- Persistent Cough
- Irritation in the eyes, nose or respiratory tract
- Hypersensitivity
- Asthma
- Nausea and Vomiting
- Laryngeal cancer
- Oropharyngeal Cancer
- Nasopharyngeal Cancer
- Hypopharyngeal cancer
- Sinonasal Cancer (Nasal Cancer or Sinus Cancer)
- Thyroid Cancer
- Liver Cancer
- Kidney Cancer
- Lung Cancer
- Prostate Cancer
- Breast Cancer
- Acute Myeloid Leukemia (AML)
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma (NHL)
- Pulmonary fibrosis
- Interstitial Lung Disease (ILD)
- Sarcoidosis
- Pneumoconiosis
- Chronic/Severe Asthma
- Chronic Bronchitis
- Recurrent Pneumonia
When will Philip CPAP Lawsuits Be Settled?
Philips CPAP lawsuit settlements for economic damages could be reached by the end of 2023. Philips CPAP lawsuits over cancer and other injuries could be reached by the end of 2024. The parent company of Philips Respironics released their First-Quarter Results 2023 in April stating that it has earmarked $630 million to help settle CPAP economic damage lawsuits filed on behalf of thousands of individuals in the U.S. Philips indicated these funds may be used towards settling economic damages for CPAP, which would include reimbursement for the cost of the machines and medical monitoring for potential future side effects that may arise from exposure to the toxic foam. Earlier in April 2023, Philips CEO Roy Jakobs announced the company hopes to settle individual Philips personal injury lawsuits sometime in 2024. However, many experts predict this could take longer as the manufacturer will ultimately require billions to settle the growing number of Philips CPAP lawsuits over cancer, and other injuries experienced by former users.Free Philips CPAP Lawsuit Evaluation
CPAP recall lawyers provide free consultations and claim evaluations to help determine if financial compensation and Philips DreamStation settlement benefits may be available as a result of health problems, injuries or deaths that result from the inhalation or consumption of foam particles from recalled CPAP devices, BiPAP devices and mechanical ventilators. To request a free consultation and claim evaluation to determine whether you, a friend or a family member may be entitled to financial compensation through a lawsuit, submit information about a potential Philips DreamStation CPAP lawsuit for review by a lawyer. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => postDefaultCta [3] => blockWysiwyg [4] => postContactCta [5] => postTags [6] => postComments [7] => postMoreTopStories ) [_pageComponents] => field_pageComponents_pageComponents [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [sidebar_excerpt] => Millions of recalled Philips DreamStation, CPAP, BiPAP and ventilator machines may release toxic foam particles and chemicals into the air pathway. [_thumbnail_id] => 20358 [_edit_lock] => 1685723755:9 [_edit_last] => 9 [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Lawsuits are being pursued by former users of recalled Philips DreamStation, CPAP and BiPAP machines, who developed cancer, lung damage and other injuries. Learn about the latest Philips CPAP lawsuit updates here. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => 4 [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_2_subtitle] => [_pageComponents_2_subtitle] => field_pageComponents_pageComponents_postDefaultCta_subtitle [pageComponents_2_title] => [_pageComponents_2_title] => field_pageComponents_pageComponents_postDefaultCta_title [pageComponents_2_caption] => [_pageComponents_2_caption] => field_pageComponents_pageComponents_postDefaultCta_caption [pageComponents_2_image] => [_pageComponents_2_image] => field_pageComponents_pageComponents_postDefaultCta_image [pageComponents_2_link] => [_pageComponents_2_link] => field_pageComponents_pageComponents_postDefaultCta_link [pageComponents_2_related_stories_title] => Related Stories [_pageComponents_2_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_2_related_stories] => [_pageComponents_2_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [_yoast_wpseo_estimated-reading-time-minutes] => 0 [pageComponents_0_site_bullets_0_bullet] => In June 2021, a Philips CPAP machine recall was issued for more than 15 million devices with a polyester-based polyurethane (PE-PUR) sound abatement foam that may degrade; [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => Reports of cancer, respiratory damage and other injuries have been linked breathing the foam particles and chemicals; [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => New cases are still being accepted by lawyers pursuing Philips CPAP settlements for former uses of the recalled sleep apnea machines. [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => FIND OUT IF YOU HAVE A PHILIPS CPAP LAWSUIT [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_4_title] => Philips CPAP Recall Lawyers [_pageComponents_4_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_4_caption] => All claims are handled on a contingency fee basis. There are no fees or expenses unless a settlement is obtained. [_pageComponents_4_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_4_image] => [_pageComponents_4_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_4_link] => Array ( [title] => CONTACT A LAWYER [url] => /contact/?inquiry=cpap [target] => ) [_pageComponents_4_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_4_button_style] => standard [_pageComponents_4_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_4_show_if_not_in_target_topic] => 0 [_pageComponents_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_7_return_posts] => first [_pageComponents_7_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [wmx-schema-json] => Array ( [0] => { "@context": "https://schema.org/", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Is there a Phillips CPAP cancer lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Yes.Lawsuits are being pursued by former users of recalled Philips DreamStation, CPAP and BiPAP machines, who developed cancer, lung damage and other injuries. Learn about the latest Philips CPAP lawsuit updates here." } }, { "@type": "Question", "name": "What is the Philips DreamStation Recall Lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Philips Respironics issued a massive recall for CPAP, Bi-PAP and ventilators sold between 2009 and April 2021, which contained a defective PE-PUR sound abatement, which may degrade and release black particles and chemicals directly into the sleep apnea machine air pathways and the lungs of users. Former users are now pursuing Philips CPAP lawsuits, seeking financial compensation and settlement benefits that may be available for health problems caused by the machines, including: Leukemia, Lymphoma or other Cancer Diagnosis Pulmonary Fibrosis, Sarcoidosis or other Lung Disease Chronic Asthma, Bronchitis or Pneumonia Liver Injury, Kidney Injury, Heart Attack, Stroke or Heart Failure Medical Treatment for Symptoms Like Headaches, Breathing Problems, Irritation, Nausea and Vomiting" } }, { "@type": "Question", "name": "Why was there a Philips Respironics recall for DreamStation, CPAP, Bi-PAP and Ventilators?", "acceptedAnswer": { "@type": "Answer", "text": "Recalled Philips DreamStation, CPAP (Continuous Positive Airway Pressure), BiPAP (Bi-Level Positive Airway Pressure) and mechanical ventilator machines were sold with defective PE-PUR sound abatement foam, which was intended to reduce noise and vibrations from the devices. However, due to problems with the material and design of the breathing machines, this PE-PUR foam may break down and release toxic particles and chemicals directly into the machines air pathways." } }, { "@type": "Question", "name": "What are the problems with Philips CPAP foam?", "acceptedAnswer": { "@type": "Answer", "text": "The Philips CPAP foam problems may include: Foam degradation issues may cause black particles or debris to be inhaled or swallowed; Foam breakdown may release certain toxic chemicals into the machine air pathway" } }, { "@type": "Question", "name": "Can my recalled Philips DreamStation be repaired?", "acceptedAnswer": { "@type": "Answer", "text": "Philips reported that it had received authorization from the FDA to “rework” recalled first-generation DreamStation CPAP devices in September 2021. This will involve removing and replacing the defective foam with a different material. However, it is estimated that repairing or replacing Philips CPAP machines will take up to a year to complete. In November 2021, the FDA issued an update on the recall and raised concerns about the safety of repaired Philips DreamStation machines, indicating that the new silicone foam used as a replacement for the original polyester-based polyurethane foam may also release volatile organic compounds. In January 2022, the FDA warned that some customers had received the silicone foam in their repaired devices. The agency has ordered Philips to conduct an independent investigation into whether the silicone foam is safe." } }, { "@type": "Question", "name": "Why was a SoClean lawsuit filed against Philips Respironics?", "acceptedAnswer": { "@type": "Answer", "text": "Several months after the DreamStation recall, the manufactures of SoClean filed a lawsuit against Philips over several statements that suggested SoClean and other ozone cleaning products may exacerbate the breakdown of the sound abatement foam in CPAP machines. The lawsuit by SoClean alleges their product is being used as a scapegoat for “inexcusable design flaws” in the Philips sleep apnea machines." } }, { "@type": "Question", "name": "What are the Health Risks from Philips Respironics Breathing Machines?", "acceptedAnswer": { "@type": "Answer", "text": "Philips has received reports from users who found black debris or particles in CPAP masks tubing and headgear, as well as complaints of problems like: Headache (often referred to as “CPAP Headaches”) Upper Airway Irritation Persistent Cough Irritation in the eyes, nose or respiratory tract Hypersensitivity Asthma Nausea and Vomiting" } }, { "@type": "Question", "name": "What cancers are linked to Phillips CPAP machines?", "acceptedAnswer": { "@type": "Answer", "text": "These toxic particles have also been found to contain several carcinogenic chemicals and gasses, raising concerns that side effects of the Philips CPAP machines may cause several cancers, including: Laryngeal cancer Oropharyngeal Cancer Nasopharyngeal Cancer Hypopharyngeal cancer Sinonasal Cancer (Nasal Cancer or Sinus Cancer) Thyroid Cancer Liver Cancer Kidney Cancer Lung Cancer Prostate Cancer Breast Cancer Acute Myeloid Leukemia (AML) Multiple Myeloma Non-Hodgkin’s Lymphoma (NHL)" } }, { "@type": "Question", "name": "What are the side effects from recalled Phillips CPAP machines?", "acceptedAnswer": { "@type": "Answer", "text": "Breathing the foam particles and chemicals may also cause various forms of long-term lung damage and respiratory injuries, including: Pulmonary fibrosis Interstitial Lung Disease (ILD) Sarcoidosis Pneumoconiosis Chronic/Severe Asthma Chronic Bronchitis Recurrent Pneumonia" } } ] } ) [_yoast_wpseo_title] => Philips CPAP Lawsuit Update - About DreamStation Lawsuits [_yoast_wpseo_metadesc] => A Philips CPAP machine recall was issued in June 2021, after it was discovered that millions of CPAP, BiPAP and other Philips machines exposed users to toxic chemicals. [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_4_gform_id] => [_pageComponents_4_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [_yoast_wpseo_wordproof_timestamp] => [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [pageComponents_2_second_link_text] => [_pageComponents_2_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_2_second_link_url] => [_pageComponents_2_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [pageComponents_5_show_related_stories] => 1 [_pageComponents_5_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [_yoast_wpseo_primary_news] => [_yoast_wpseo_primary_topics] => [_yoast_wpseo_primary_lawsuits] => [header_pop_single_text] => [_header_pop_single_text] => field_6410b14237765 [header_pop_single_link] => [_header_pop_single_link] => field_6410b14237766 [header_pop_single_right_slideout] => [_header_pop_single_right_slideout] => field_6410b14237767 [pageComponents_0_hero_cta_color] => standard [_pageComponents_0_hero_cta_color] => field_pageComponents_pageComponents_postHead_hero_cta_color [pageComponents_0_bullets_title] => [_pageComponents_0_bullets_title] => field_pageComponents_pageComponents_postHead_bullets_title [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Philips CPAP Lawsuit About? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Philips has recalled millions of CPAP, BiPAP and ventilator devices that contain a defective sound abatement foam that may degrade and breakdown, releasing toxic chemicals and small black particles directly into the machine’s air pathways and the lungs of users. Lawsuits are being pursued by former users of recalled devices claiming the exposure to toxic foam and chemicals caused them to develop cancer, lung damage and other injuries. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who Qualifies? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Individuals who have used a recalled Philips CPAP, BiPAP or ventilator device and developed any of the following conditions may be eligible for compensation;- Lung, Bladder, Kidney, Liver, Colon and Other Cancers
- Pulmonary Fibrosis, Interstitial Lung Disease, Sarcoidosis and Other Lung Injury
- Liver Disease
- Kidney Disease
- Pneumonia, Bronchitis, Asthma and Other Respiratory Problems
- DreamStation ASV
- DreamStation ST, AVAPS
- DreamStation
- DreamStation Go
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto
- A-Series BiPAP A40
- A-Series BiPAP A30
- C-Series ASV
- C-Series S/T and AVAPS
- Dorma 400
- Dorma 500
- Trilogy 100
- Trilogy 200
- REMstar SE Auto
- OmniLab Advanced+
- SystemOne (Q-Series)
- Garbin Plus, Aeris, LifeVent
- SystemOne ASV4
- Cancer Diagnosis
- Kidney Disease
- Liver Disease
- Heart Attack, Stroke or Heart Failure
- Respiratory Failure
- Medical Treatment for Symptoms Like Headaches, Breathing Problems, Irritation, Nausea and Vomitting
>>CONTACT A PHILIPS CPAP RECALL LAWYER<<
MANUFACTURER: Philips Respironics, a subsidiary of the Dutch conglomerate Koninklijke Philips, N.V. "Royal Philips" OVERVIEW: More than 3.5 million defective CPAP (Continuous Positive Airway Pressure), BiPAP (Bi-Level Positive Airway Pressure) and mechanical ventilator machines were sold with defective PE-PUR sound abatement foam, which was intended to reduce noise and vibrations from the devices. The Philips CPAP machines are used for the treatment of sleep apnea and some other breathing disorders, most commonly sold under the brand name "DreamStation". The sleep apnea machines push air through the nostrils and into the back of the throat by increasing air pressure, which keeps the airways open and prevents both snoring and lapses in breathing during sleep. They can also be used to help infants breathe when they are born with lungs which are not fully developed. BiPAP machines use two-level positive airway pressure, meaning they help both with inhaling and, unlike CPAP machines, assist in exhaling as well. They are often set to monitor the breathing of the subject and activate when the user stops breathing or when their breathing decreases below a set number of breaths per minute. Philips ventilators may be used in an ICU, hospital, nursing home or in-home care setting among individuals who require mechanical assistance to breath, providing life-sustaining treatment. Problems with the Philips PE-PUR sound abatement foam may include:- Foam degradation issues may cause black particles or debris to be inhaled or swallowed;
- Foam breakdown may release certain toxic chemicals into the machine air pathway
- Headache (often referred to as "CPAP Headaches")
- Upper Airway Irritaton
- Persistent Cough
- Irritation in the eyes, nose or repiratory tract
- Hypersensitivity
- Asthma
- Nausea and Vomitting
What is the Philips DreamStation Recall Lawsuit?
Philips Respironics issued a massive recall for CPAP, Bi-PAP and ventilators sold between 2009 and April 2021, which contained a defective PE-PUR sound abatement, which may degrade and release black particles and chemicals directly into the sleep apnea machine air pathways and the lungs of users. Former users are now pursuing Philips CPAP lawsuits, seeking financial compensation and settlement benefits that may be available for health problems caused by the machines, including:- Leukemia, Lymphoma or other Cancer Diagnosis
- Pulmonary Fibrosis, Sarcoidosis or other Lung Disease
- Chronic Asthma, Bronchitis or Pneumonia
- Liver Injury, Kidney Injury, Heart Attack, Stroke or Heart Failure
- Medical Treatment for Symptoms Like Headaches, Breathing Problems, Irritation, Nausea and Vomiting
Philips CPAP Settlement Updates
March 2023 Update: Royal Philips CEO Roy Jakobs indicated in an interview with Dutch newspaper Het Financieele Dagblad, that the company is close to a settlement agreement involving economic damage payouts for Philips CPAP class action lawsuits, which could be finalized in 2023, and hopes to reach a global Philips CPAP injury lawsuit settlement in 2024. September 2022 Update: The U.S. Department of Justice issued a press release announcing the Philips Respironics whistleblower lawsuit settlement, which will require the manufacturer to pay $22.62 million to the federal government and another $2.13 million to various states for its involvement in an illegal kickback scheme to defraud the Medicare, Medicaid and other health programs. May 2022 Update: Judge Conti has appointed a Philips CPAP recall settlement master early in the litigation, to oversee negotiation between the parties and attempts to resolve thousands of claims being pursued by users left with injuries.Latest Philips CPAP Lawsuit Updates and Status
March 2023 Update: In February, the FDA updated the number of adverse medical events connected to recalled Philips CPAP devices, as well as other recalled breathing machines manufactured by the company, indicating nearly 350 deaths have been linked to sound abatement foam problems, as well as almost 100,000 incident reports. In late March, Philips CEO said the company hopes to begin reaching Philips CPAP lawsuit settlements later this year. November 2022 Update: In October, Judge Conti allowed the streamlining of the filing process for Philips CPAP lawsuits, through the use of a Master Complaint and short-form complaints. On November 23, the FDA reported at least 260 deaths had been linked to recalled Philips CPAP devices. October 2022 Update: In September, Judge Conti held a Philips CPAP lawsuit “show and tell” science day, where the parties made presentations to the court that were intended to provide education about scientific issues that will come up during the pretrial proceedings. She also approved a census registry program, which would require potential claimants to complete a short census form and disclose some health information. In return, the statute of limitations will be tolled for those claimants, similar to an earlier tolling agreement that is now being terminated. August 2022 Update: According to a report by the FDA, the agency has received received more than 69,000 reports involving problems with toxic Philips CPAP sound abatement foam, including reports of 168 deaths. July 2022 Update: The Court has authorized the parties to move forward with common fact discovery in Philips CPAP lawsuits pending in the federal court system, regarding issues that apply to all claims. It is expected that in the coming months a bellwether trial process will be established, where a small group of representative claims will then go through case-specific discovery and preparations for a series of early trial dates to help gauge how juries will respond to certain evidence and testimony that will be repeated throughout the litigation. February 2022 Update: Parties have reached an agreement that allows potential claimants to enter their claim on a Philips CPAP lawsuit tolling agreement, which will prevent the statute of limitations from expiring on their claim. October 2021 Update: All Philips CPAP lawsuits have been centralized in the federal court system before Senior U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania for coordinated discovery and pretrial proceedings, as part of a multidistrict litigation (MDL).Why was there a Philips Respironics recall for DreamStation, CPAP, Bi-PAP and Ventilators?
Recalled Philips DreamStation, CPAP (Continuous Positive Airway Pressure), BiPAP (Bi-Level Positive Airway Pressure) and mechanical ventilator machines were sold with defective PE-PUR sound abatement foam, which was intended to reduce noise and vibrations from the devices. However, due to problems with the material and design of the breathing machines, this PE-PUR foam may break down and release toxic particles and chemicals directly into the machines air pathways. The recalled Philips CPAP machines are used for the treatment of sleep apnea and some other breathing disorders, pushing air through the nostrils and into the back of the throat by increasing air pressure, which keeps the airways open and prevents both snoring and lapses in breathing during sleep. They can also be used to help infants breathe when they are born with lungs which are not fully developed. BiPAP machines use two-level positive airway pressure, meaning they help both with inhaling and, unlike CPAP machines, assist in exhaling as well. They are often set to monitor the breathing of the subject and activate when the user stops breathing or when their breathing decreases below a set number of breaths per minute. Philips ventilators may be used in an ICU, hospital, nursing home or in-home care setting among individuals who require mechanical assistance to breath, providing life-sustaining treatment.What are the problems with Philips CPAP foam?
The Philips machine recall was issued after problems were discovered with the Philips PE-PUR sound abatement foam used inside the devices. The Philips CPAP foam problems may include:- Foam degradation issues may cause black particles or debris to be inhaled or swallowed;
- Foam breakdown may release certain toxic chemicals into the machine air pathway
Can my recalled Philips DreamStation be repaired?
Philips reported that it had received authorization from the FDA to “rework” recalled first-generation DreamStation CPAP devices in September 2021. This will involve removing and replacing the defective foam with a different material. However, it is estimated that repairing or replacing Philips CPAP machines will take up to a year to complete. In November 2021, the FDA issued an update on the recall and raised concerns about the safety of repaired Philips DreamStation machines, indicating that the new silicone foam used as a replacement for the original polyester-based polyurethane foam may also release volatile organic compounds. In January 2022, the FDA warned that some customers had received the silicone foam in their repaired devices. The agency has ordered Philips to conduct an independent investigation into whether the silicone foam is safe.Why was a SoClean lawsuit filed against Philips Respironics?
Several months after the DreamStation recall, the manufactures of SoClean filed a lawsuit against Philips over several statements that suggested SoClean and other ozone cleaning products may exacerbate the breakdown of the sound abatement foam in CPAP machines. The lawsuit by SoClean alleges their product is being used as a scapegoat for "inexcusable design flaws" in the Philips sleep apnea machines. In addition to Philips Respironics CPAP lawsuits, there are now also a number of individuals pursuing a SoClean class action lawsuit, indicating that the SoClean 2 CPAP sanitizing machine releases dangerous levels of ozone, which were described as "activated oxygen" in marketing material. According to allegations raised in the SoClean lawsuit against Philips, the CPAP sanitizing device is not responsible for the breakdown of the DreamStation sound abatement foam. Rather, SoClean maintains that an unreasonably dangerous and defective CPAP machine design is to blame, including:- Use of a polyester-based polyester foam material known to break down and release toxic chemicals;
- Design decisions that placed the sound abatement foam directly in the sleep apnea machine's air pathways, causing particles and gasses to immediately flow into the mouth and lungs of users;
- Delaying a Philips DreamStation recall for years after first learning that the foam was degrading and posing a direct health risk for users.
How long did Philips Respironics know the CPAP machines were dangerous?
An FDA inspection report (PDF) released in November 2021 suggested that Philips Respironics knew about the CPAP machine dangers for years before taking any action to recall the sleep apnea machines. Since 2008, the FDA identified at least 222,000 complaints involving keywords that suggested problems with foam deteriorating and releasing black particles or debris into the machine airways. A number of internal emails with a raw foam supplier beginning in October 2015 confirmed that Philips Respironics was aware of the CPAP foam dangers, yet the company failed to investigate the problems, issue any warnings or recall the sleep apnea machines until 2021. As late as March 2022, the FDA warned that Philips had failed to adequately notify owners of the recalled CPAP machines of the health risks linked to the sound abatement foam. Philips executives have also indicated that the Department of Justice has launched an investigation into the recalls.Health Risks from Philips Respironics Breathing Machines
Since the recall, a growing number of CPAP health issues have been reported to the FDA by users who found black debris or particles in CPAP masks tubing and headgear, reporting symptoms of:- Headache (often referred to as “CPAP Headaches”)
- Upper Airway Irritation
- Persistent Cough
- Irritation in the eyes, nose or respiratory tract
- Hypersensitivity
- Asthma
- Nausea and Vomiting
- Laryngeal cancer
- Oropharyngeal Cancer
- Nasopharyngeal Cancer
- Hypopharyngeal cancer
- Sinonasal Cancer (Nasal Cancer or Sinus Cancer)
- Thyroid Cancer
- Liver Cancer
- Kidney Cancer
- Lung Cancer
- Prostate Cancer
- Breast Cancer
- Acute Myeloid Leukemia (AML)
- Multiple Myeloma
- Non-Hodgkin’s Lymphoma (NHL)
- Pulmonary fibrosis
- Interstitial Lung Disease (ILD)
- Sarcoidosis
- Pneumoconiosis
- Chronic/Severe Asthma
- Chronic Bronchitis
- Recurrent Pneumonia
When will Philip CPAP Lawsuits Be Settled?
Philips CPAP lawsuit settlements for economic damages could be reached by the end of 2023. Philips CPAP lawsuits over cancer and other injuries could be reached by the end of 2024. The parent company of Philips Respironics released their First-Quarter Results 2023 in April stating that it has earmarked $630 million to help settle CPAP economic damage lawsuits filed on behalf of thousands of individuals in the U.S. Philips indicated these funds may be used towards settling economic damages for CPAP, which would include reimbursement for the cost of the machines and medical monitoring for potential future side effects that may arise from exposure to the toxic foam. Earlier in April 2023, Philips CEO Roy Jakobs announced the company hopes to settle individual Philips personal injury lawsuits sometime in 2024. However, many experts predict this could take longer as the manufacturer will ultimately require billions to settle the growing number of Philips CPAP lawsuits over cancer, and other injuries experienced by former users.Free Philips CPAP Lawsuit Evaluation
CPAP recall lawyers provide free consultations and claim evaluations to help determine if financial compensation and Philips DreamStation settlement benefits may be available as a result of health problems, injuries or deaths that result from the inhalation or consumption of foam particles from recalled CPAP devices, BiPAP devices and mechanical ventilators. To request a free consultation and claim evaluation to determine whether you, a friend or a family member may be entitled to financial compensation through a lawsuit, submit information about a potential Philips DreamStation CPAP lawsuit for review by a lawyer. 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[_thumbnail_id] => 20358 [_edit_lock] => 1685723755:9 [_edit_last] => 9 [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Lawsuits are being pursued by former users of recalled Philips DreamStation, CPAP and BiPAP machines, who developed cancer, lung damage and other injuries. Learn about the latest Philips CPAP lawsuit updates here. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => 4 [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_2_subtitle] => [_pageComponents_2_subtitle] => field_pageComponents_pageComponents_postDefaultCta_subtitle [pageComponents_2_title] => [_pageComponents_2_title] => field_pageComponents_pageComponents_postDefaultCta_title [pageComponents_2_caption] => [_pageComponents_2_caption] => field_pageComponents_pageComponents_postDefaultCta_caption [pageComponents_2_image] => [_pageComponents_2_image] => field_pageComponents_pageComponents_postDefaultCta_image [pageComponents_2_link] => [_pageComponents_2_link] => field_pageComponents_pageComponents_postDefaultCta_link [pageComponents_2_related_stories_title] => Related Stories [_pageComponents_2_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_2_related_stories] => [_pageComponents_2_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [_yoast_wpseo_estimated-reading-time-minutes] => 0 [pageComponents_0_site_bullets_0_bullet] => In June 2021, a Philips CPAP machine recall was issued for more than 15 million devices with a polyester-based polyurethane (PE-PUR) sound abatement foam that may degrade; [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => Reports of cancer, respiratory damage and other injuries have been linked breathing the foam particles and chemicals; [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => New cases are still being accepted by lawyers pursuing Philips CPAP settlements for former uses of the recalled sleep apnea machines. [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => FIND OUT IF YOU HAVE A PHILIPS CPAP LAWSUIT [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_4_title] => Philips CPAP Recall Lawyers [_pageComponents_4_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_4_caption] => All claims are handled on a contingency fee basis. There are no fees or expenses unless a settlement is obtained. 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Learn about the latest Philips CPAP lawsuit updates here." } }, { "@type": "Question", "name": "What is the Philips DreamStation Recall Lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Philips Respironics issued a massive recall for CPAP, Bi-PAP and ventilators sold between 2009 and April 2021, which contained a defective PE-PUR sound abatement, which may degrade and release black particles and chemicals directly into the sleep apnea machine air pathways and the lungs of users. Former users are now pursuing Philips CPAP lawsuits, seeking financial compensation and settlement benefits that may be available for health problems caused by the machines, including: Leukemia, Lymphoma or other Cancer Diagnosis Pulmonary Fibrosis, Sarcoidosis or other Lung Disease Chronic Asthma, Bronchitis or Pneumonia Liver Injury, Kidney Injury, Heart Attack, Stroke or Heart Failure Medical Treatment for Symptoms Like Headaches, Breathing Problems, Irritation, Nausea and Vomiting" } }, { "@type": "Question", "name": "Why was there a Philips Respironics recall for DreamStation, CPAP, Bi-PAP and Ventilators?", "acceptedAnswer": { "@type": "Answer", "text": "Recalled Philips DreamStation, CPAP (Continuous Positive Airway Pressure), BiPAP (Bi-Level Positive Airway Pressure) and mechanical ventilator machines were sold with defective PE-PUR sound abatement foam, which was intended to reduce noise and vibrations from the devices. However, due to problems with the material and design of the breathing machines, this PE-PUR foam may break down and release toxic particles and chemicals directly into the machines air pathways." } }, { "@type": "Question", "name": "What are the problems with Philips CPAP foam?", "acceptedAnswer": { "@type": "Answer", "text": "The Philips CPAP foam problems may include: Foam degradation issues may cause black particles or debris to be inhaled or swallowed; Foam breakdown may release certain toxic chemicals into the machine air pathway" } }, { "@type": "Question", "name": "Can my recalled Philips DreamStation be repaired?", "acceptedAnswer": { "@type": "Answer", "text": "Philips reported that it had received authorization from the FDA to “rework” recalled first-generation DreamStation CPAP devices in September 2021. This will involve removing and replacing the defective foam with a different material. However, it is estimated that repairing or replacing Philips CPAP machines will take up to a year to complete. In November 2021, the FDA issued an update on the recall and raised concerns about the safety of repaired Philips DreamStation machines, indicating that the new silicone foam used as a replacement for the original polyester-based polyurethane foam may also release volatile organic compounds. In January 2022, the FDA warned that some customers had received the silicone foam in their repaired devices. The agency has ordered Philips to conduct an independent investigation into whether the silicone foam is safe." } }, { "@type": "Question", "name": "Why was a SoClean lawsuit filed against Philips Respironics?", "acceptedAnswer": { "@type": "Answer", "text": "Several months after the DreamStation recall, the manufactures of SoClean filed a lawsuit against Philips over several statements that suggested SoClean and other ozone cleaning products may exacerbate the breakdown of the sound abatement foam in CPAP machines. The lawsuit by SoClean alleges their product is being used as a scapegoat for “inexcusable design flaws” in the Philips sleep apnea machines." } }, { "@type": "Question", "name": "What are the Health Risks from Philips Respironics Breathing Machines?", "acceptedAnswer": { "@type": "Answer", "text": "Philips has received reports from users who found black debris or particles in CPAP masks tubing and headgear, as well as complaints of problems like: Headache (often referred to as “CPAP Headaches”) Upper Airway Irritation Persistent Cough Irritation in the eyes, nose or respiratory tract Hypersensitivity Asthma Nausea and Vomiting" } }, { "@type": "Question", "name": "What cancers are linked to Phillips CPAP machines?", "acceptedAnswer": { "@type": "Answer", "text": "These toxic particles have also been found to contain several carcinogenic chemicals and gasses, raising concerns that side effects of the Philips CPAP machines may cause several cancers, including: Laryngeal cancer Oropharyngeal Cancer Nasopharyngeal Cancer Hypopharyngeal cancer Sinonasal Cancer (Nasal Cancer or Sinus Cancer) Thyroid Cancer Liver Cancer Kidney Cancer Lung Cancer Prostate Cancer Breast Cancer Acute Myeloid Leukemia (AML) Multiple Myeloma Non-Hodgkin’s Lymphoma (NHL)" } }, { "@type": "Question", "name": "What are the side effects from recalled Phillips CPAP machines?", "acceptedAnswer": { "@type": "Answer", "text": "Breathing the foam particles and chemicals may also cause various forms of long-term lung damage and respiratory injuries, including: Pulmonary fibrosis Interstitial Lung Disease (ILD) Sarcoidosis Pneumoconiosis Chronic/Severe Asthma Chronic Bronchitis Recurrent Pneumonia" } } ] } ) [_yoast_wpseo_title] => Philips CPAP Lawsuit Update - About DreamStation Lawsuits [_yoast_wpseo_metadesc] => A Philips CPAP machine recall was issued in June 2021, after it was discovered that millions of CPAP, BiPAP and other Philips machines exposed users to toxic chemicals. [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_4_gform_id] => [_pageComponents_4_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [_yoast_wpseo_wordproof_timestamp] => [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [pageComponents_2_second_link_text] => [_pageComponents_2_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_2_second_link_url] => [_pageComponents_2_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [pageComponents_5_show_related_stories] => 1 [_pageComponents_5_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [_yoast_wpseo_primary_news] => [_yoast_wpseo_primary_topics] => [_yoast_wpseo_primary_lawsuits] => [header_pop_single_text] => [_header_pop_single_text] => field_6410b14237765 [header_pop_single_link] => [_header_pop_single_link] => field_6410b14237766 [header_pop_single_right_slideout] => [_header_pop_single_right_slideout] => field_6410b14237767 [pageComponents_0_hero_cta_color] => standard [_pageComponents_0_hero_cta_color] => field_pageComponents_pageComponents_postHead_hero_cta_color [pageComponents_0_bullets_title] => [_pageComponents_0_bullets_title] => field_pageComponents_pageComponents_postHead_bullets_title [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Philips CPAP Lawsuit About? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Philips has recalled millions of CPAP, BiPAP and ventilator devices that contain a defective sound abatement foam that may degrade and breakdown, releasing toxic chemicals and small black particles directly into the machine’s air pathways and the lungs of users. Lawsuits are being pursued by former users of recalled devices claiming the exposure to toxic foam and chemicals caused them to develop cancer, lung damage and other injuries. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who Qualifies? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Individuals who have used a recalled Philips CPAP, BiPAP or ventilator device and developed any of the following conditions may be eligible for compensation;- Lung, Bladder, Kidney, Liver, Colon and Other Cancers
- Pulmonary Fibrosis, Interstitial Lung Disease, Sarcoidosis and Other Lung Injury
- Liver Disease
- Kidney Disease
- Pneumonia, Bronchitis, Asthma and Other Respiratory Problems
- DreamStation ASV
- DreamStation ST, AVAPS
- DreamStation
- DreamStation Go
- A-Series BiPAP Hybrid A30
- A-Series BiPAP V30 Auto
- A-Series BiPAP A40
- A-Series BiPAP A30
- C-Series ASV
- C-Series S/T and AVAPS
- Dorma 400
- Dorma 500
- Trilogy 100
- Trilogy 200
- REMstar SE Auto
- OmniLab Advanced+
- SystemOne (Q-Series)
- Garbin Plus, Aeris, LifeVent
- SystemOne ASV4
Overview of Toxic Baby Formula NEC Lawsuits
Similac and Enfamil are two popular types of infant formula that have been marketed as safe and effective for premature babies. As a result, the baby formula is often fed to preemies or low birth weight infants in the NICU or hospital before discharge. However, cow's milk-based products like Enfamil and Similac have been linked to necrotizing enterocolitis (NEC) among premature infants, which can result in serious injuries, lifelong health complications and death.Link Between Similac and Enfamil and NEC
A number of studies published over the past three decades have highlighted the link between NEC and Similac, Enfamil or other cow's milk formula fed to premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risks associated with baby formula and the benefits of breast milk. Families are now pursuing Enfamil and Similac lawsuits in state and federal courts nationwide, alleging that the manufacturers placed their desire for profits before consumer safety. Free consultations and claim evaluations are provided to help determine if a family may be eligible for a baby formula NEC settlement, and there are no fees or expenses unless a recovery is obtained. 2023 Similac and Enfamil NEC Lawsuit Update: All Similac lawsuits and Enfamil lawsuits over NEC have been centralized as part of an MDL before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois since April 2022, where parties are preparing a small group of representative claims for early trial dates. While the outcomes of these "bellwether" trials will not be binding on other families, the average NEC lawsuit payout amount may influence the amount of any settlement offers Abbott or Mead Johnson may offer to resolve claims in the future.Abbott is already facing a number of necrotizing enterocolitis (NEC) lawsuits brought by parents of premature infants who developed a devastating gastrointestinal illness caused by cow’s milk-based infant formula products. In September 2022, the judge appointed a group of 12 lawyers to serve in various leadership positions during the multidistrict litigation (MDL) proceedings. In early October 2022, parties submitted a list of 66 claims which could serve as potential bellwether trials. That list will be whittled down to four cases which will serve as the first early test cases. In November 2022, plaintiffs proposed a infant formula NEC bellwether trial schedule which would see the first case go before a jury in mid-2024. In April 2023, the parties agreed on a series of discovery protocols that will help prepare the bellwether NEC lawsuits for early trial dates. U.S. District Judge Rebecca R. Pallmeyer has ordered a series baby formula NEC settlement talks be held in October 2023, to explore a resolution for hundreds of similar claims being pursued by families nationwide before the first bellwether trials begin. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_contentHtml] =>Status of Enfamil and Similac Baby Formula Lawsuits
- Baby formula NEC lawsuits are being pursued against Abbott Laboratories (manufacturer of Similac) and Mead Johnson (manufacturer of Enfamil)
- One of the earliest cases was a Similac necrotizing enterocolitis lawsuit filed in May 2021, by the parents of a premature baby born in April 2019, who died only 16 days later. The lawsuit alleges that Similac caused NEC, and that the manufacturer failed to adequately warn about the risk.
- Many plaintiffs accuse the manufacturers of deceptive marketing, noting that they not only use coupons, free samples and misleading information to trick mothers into believing their infant formula products are safe, but also employ advertising campaigns which seek to dissuade criticism of the fact that their products are less safe than breast feeding despite scientific evidence supporting such criticisms.
- In August 2021, a federal judge rejected an attempt by Abbott Laboratories to entirely dismiss a wrongful death lawsuit filed, certifying two questions to the Connecticut state Supreme Court that are relevant to the claims for failure to warn about the link between Similac and NEC.
- On February 17, Abbott announced a recall of some Similac and other infant formula products manufactured at its' Sturgis, Michigan facility due to cronobacter and salmonella contamination linked to several infant illnesses and at least two child deaths. The company has already been hit by lawsuits and a senate inquiry over evidence it knew about the contamination months before the recall was announced.
- The U.S. Judicial Panel on Multidistrict Litigation (JPML) is expected to hear oral arguments over whether all Similac and Enfamil NEC lawsuits should be consolidated before one judge for pretrial proceedings as part of an MDL, or multidstrict litigation in the coming months.
- On April 8, 2022, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order (PDF) establishing a federal multidistrict litigation (MDL) for the NEC lawsuits over Similac and Enfamil, transferring all claims to U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois. Judge Pallmeyer is expected to call for a series of early “bellwether” trials designed to help gauge how juries are likely to respond to certain evidence that will be repeated throughout the litigation.
Enfamil and Similac NEC Risks
Necrotizing enterocolitis (NEC) is a serious health condition that may be caused by toxic baby formula, where an infant’s intestinal tissues becomes inflamed. If left untreated, it can cause that tissue to die, resulting in perforations in the intestines, which allow bacteria to leak into the abdomen or infiltrate the bloodstream. This can lead to life-threatening infections, narrowing of the intestines, short bowel syndrome, developmental delays and a failure to thrive. About 90% of NEC cases occur among babies born in the 37th week of pregnancy and about 1 out of every 1,000 premature infants may be effected. It is usually diagnosed through a blood test for bacterial infections, fecal tests looking for blood in the stool, or by x-rays revealing air bubbles in the abdomen or around the intestines. Symptoms can include:- Abdominal pain
- Abdominal swelling
- Changes in heart rate, blood pressure, breathing and temperature
- Bloody diarrhea
- Green or yellow vomit
- Inability to gain weight
- Lack of appetite
- Lethargy
Free Similac or Enfamil Lawsuit Evaluation
NEC lawyers provide free consultations and claim evaluations to help determine if financial compensation and settlement benefits may be available as a result of the manufacturers’ failure to warn about the link between Similac, Enfamil and necrotizing enterocolitis. Toxic baby formula Lawsuits are being investigated nationwide for parents of infants who were left severely injured, or who died, due to an NEC diagnosis after being fed Similac or Enfamil while hospitalized. [_pageComponents_4_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_5_title] => ENFAMIL OR SIMILAC NEC LAWYERS [_pageComponents_5_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_5_caption] => All claims are handled on a contingency fee basis and there are no out-of-pocket expenses and no fees unless a recovery is obtained. [_pageComponents_5_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_5_image] => [_pageComponents_5_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_5_link] => Array ( [title] => REVIEW A CASE [url] => /contact/?inquiry=nec [target] => _blank ) [_pageComponents_5_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_5_button_style] => standard [_pageComponents_5_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_5_show_if_not_in_target_topic] => 1 [_pageComponents_5_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_8_return_posts] => first [_pageComponents_8_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [_yoast_wpseo_metadesc] => Lawyers are investigating Enfamil lawsuits and Similac lawsuits for NEC caused by toxic baby formula fed to premature infants. [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_5_gform_id] => [_pageComponents_5_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [_yoast_wpseo_wordproof_timestamp] => [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [_oembed_5b4a50b4c9137240910f8db203d6ebfc] =>Plaintiffs Propose Schedule for First Trial Over Baby Formula NEC Risk To Begin in Mid-2024[_oembed_time_5b4a50b4c9137240910f8db203d6ebfc] => 1670448780 [pageComponents_2_second_link_text] => [_pageComponents_2_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_2_second_link_url] => [_pageComponents_2_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [wmx-schema-json] => Array ( [0] => { "@context": "https://schema.org/", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Is there a Similac and Enfamil infant formula lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Similac and Enfamil are two popular types of infant formula that have been marketed as safe and effective for premature babies. As a result, the baby formula is often fed to preemies or low birth weight infants in the NICU or hospital before discharge. However, cow’s milk-based products like Enfamil and Similac have been linked to necrotizing enterocolitis (NEC) among premature infants, which can result in serious injuries, lifelong health complications and death." } }, { "@type": "Question", "name": "Does Similac and Enfamil cause NEC?", "acceptedAnswer": { "@type": "Answer", "text": "A number of studies published over the past three decades have highlighted the link between NEC and Similac, Enfamil or other cow’s milk formula fed to premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risks associated with baby formula and the benefits of breast milk. Families are now pursuing Enfamil and Similac lawsuits in state and federal courts nationwide, alleging that the manufacturers placed their desire for profits before consumer safety. Free consultations and claim evaluations are provided to help determine if a family may be eligible for a baby formula NEC settlement, and there are no fees or expenses unless a recovery is obtained." } }, { "@type": "Question", "name": "Is there an Enfamil and Similac class action lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "2022 Similac and Enfamil NEC Lawsuit Update: The Similac recall litigation has been centralized as part of an MDL before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois, where Abbott is already facing a number of necrotizing enterocolitis (NEC) lawsuits brought by parents of premature infants who developed a devastating gastrointestinal illness caused by cow’s milk-based infant formula products. In September 2022, the judge appointed a group of 12 lawyers to serve in various leadership positions during the multidistrict litigation (MDL) proceedings." } }, { "@type": "Question", "name": "What are the symptoms of NEC from Similac and Enfamil infant formula?", "acceptedAnswer": { "@type": "Answer", "text": "Symptoms can include: Abdominal pain Abdominal swelling Changes in heart rate, blood pressure, breathing and temperature Bloody diarrhea Green or yellow vomit Inability to gain weight Lack of appetite Lethargy" } } ] } ) [header_pop_single_text] => [_header_pop_single_text] => field_6410b14237765 [header_pop_single_link] => [_header_pop_single_link] => field_6410b14237766 [header_pop_single_right_slideout] => [_header_pop_single_right_slideout] => field_6410b14237767 [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_subheadline] => UPDATES AND NEC SETTLEMENT INFORMATION [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the NEC Lawsuit About? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Families of premature infants diagnosed with necrotizing enterocolitis (NEC) caused by Similac or Enfamil baby formula are pursuing lawsuits against the manufacturers. As a result of a failure to warn families and medical providers about the risks associated with use of cow's milk formula with preemies, financial compensation and NEC settlement benefits may be available by filing a baby formula lawsuit. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Lawsuits are being pursued for children who meet the following criteria:
- Born after January 1, 2000;
- Premature at 34 Weeks Gestation of Less
- Fed Similac or Enfamil Formula or Fortifier; and
- Diagnosed with NEC (necrotizing enterocolitis) or passed away due to sudden gastrointestinal issues.
>>CONTACT A BABY FORMULA LAWYER<<
MANUFACTURERS: Abbott Laboratories is the manufacturer of Similac and Enfamil is manufactured by Mead Johnson. OVERVIEW: Similac and Enfamil are infant formula products that have been widely used in the NICU at hospitals nationwide for premature babies. Both products contain a form of cow’s milk, which has been broken down, or hydrolyzed, to remove certain proteins known to cause allergic reactions. Similac is the most frequently used brand of formula by hospitals, and has been on the market for about a century. A number of studies throughout the years have linked the use of cows milk-based formulas to an increased risk of NEC in premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risk that Enfamil or Similac may cause necrotizing enterocolitis (NEC). SIMILAC AND ENFAMIL NEC RISKS: Necrotizing enterocolitis (NEC) is a serious health condition which causes an infant’s intestinal tissues to become inflamed. If left untreated, it can cause that tissue to die, resulting in perforations in the intestines, which allows bacteria to leak into the abdomen or infiltrate the bloodstream. This can lead to life-threatening infections, narrowing of the intestines, short bowel syndrome, developmental delays and a failure to thrive. About 90% of NEC cases occur among babies born in the 37th week of pregnancy and affects about 1 out of every 1,000 premature infants. It is usually diagnosed through a blood test for bacterial infections, fecal tests looking for blood in the stool, or by x-rays revealing air bubbles in the abdomen or around the intestines. Symptoms can include:- Abdominal pain
- Abdominal swelling
- Changes in heart rate, blood pressure, breathing and temperature
- Bloody diarrhea
- Green or yellow vomit
- Inability to gain weight
- Lack of appetite
- Lethargy
Overview of Toxic Baby Formula NEC Lawsuits
Similac and Enfamil are two popular types of infant formula that have been marketed as safe and effective for premature babies. As a result, the baby formula is often fed to preemies or low birth weight infants in the NICU or hospital before discharge. However, cow's milk-based products like Enfamil and Similac have been linked to necrotizing enterocolitis (NEC) among premature infants, which can result in serious injuries, lifelong health complications and death.Link Between Similac and Enfamil and NEC
A number of studies published over the past three decades have highlighted the link between NEC and Similac, Enfamil or other cow's milk formula fed to premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risks associated with baby formula and the benefits of breast milk. Families are now pursuing Enfamil and Similac lawsuits in state and federal courts nationwide, alleging that the manufacturers placed their desire for profits before consumer safety. Free consultations and claim evaluations are provided to help determine if a family may be eligible for a baby formula NEC settlement, and there are no fees or expenses unless a recovery is obtained. 2023 Similac and Enfamil NEC Lawsuit Update: All Similac lawsuits and Enfamil lawsuits over NEC have been centralized as part of an MDL before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois since April 2022, where parties are preparing a small group of representative claims for early trial dates. While the outcomes of these "bellwether" trials will not be binding on other families, the average NEC lawsuit payout amount may influence the amount of any settlement offers Abbott or Mead Johnson may offer to resolve claims in the future.Abbott is already facing a number of necrotizing enterocolitis (NEC) lawsuits brought by parents of premature infants who developed a devastating gastrointestinal illness caused by cow’s milk-based infant formula products. In September 2022, the judge appointed a group of 12 lawyers to serve in various leadership positions during the multidistrict litigation (MDL) proceedings. In early October 2022, parties submitted a list of 66 claims which could serve as potential bellwether trials. That list will be whittled down to four cases which will serve as the first early test cases. In November 2022, plaintiffs proposed a infant formula NEC bellwether trial schedule which would see the first case go before a jury in mid-2024. In April 2023, the parties agreed on a series of discovery protocols that will help prepare the bellwether NEC lawsuits for early trial dates. U.S. District Judge Rebecca R. Pallmeyer has ordered a series baby formula NEC settlement talks be held in October 2023, to explore a resolution for hundreds of similar claims being pursued by families nationwide before the first bellwether trials begin. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_contentHtml] =>Status of Enfamil and Similac Baby Formula Lawsuits
- Baby formula NEC lawsuits are being pursued against Abbott Laboratories (manufacturer of Similac) and Mead Johnson (manufacturer of Enfamil)
- One of the earliest cases was a Similac necrotizing enterocolitis lawsuit filed in May 2021, by the parents of a premature baby born in April 2019, who died only 16 days later. The lawsuit alleges that Similac caused NEC, and that the manufacturer failed to adequately warn about the risk.
- Many plaintiffs accuse the manufacturers of deceptive marketing, noting that they not only use coupons, free samples and misleading information to trick mothers into believing their infant formula products are safe, but also employ advertising campaigns which seek to dissuade criticism of the fact that their products are less safe than breast feeding despite scientific evidence supporting such criticisms.
- In August 2021, a federal judge rejected an attempt by Abbott Laboratories to entirely dismiss a wrongful death lawsuit filed, certifying two questions to the Connecticut state Supreme Court that are relevant to the claims for failure to warn about the link between Similac and NEC.
- On February 17, Abbott announced a recall of some Similac and other infant formula products manufactured at its' Sturgis, Michigan facility due to cronobacter and salmonella contamination linked to several infant illnesses and at least two child deaths. The company has already been hit by lawsuits and a senate inquiry over evidence it knew about the contamination months before the recall was announced.
- The U.S. Judicial Panel on Multidistrict Litigation (JPML) is expected to hear oral arguments over whether all Similac and Enfamil NEC lawsuits should be consolidated before one judge for pretrial proceedings as part of an MDL, or multidstrict litigation in the coming months.
- On April 8, 2022, the U.S. Judicial Panel on Multidistrict Litigation (JPML) issued an order (PDF) establishing a federal multidistrict litigation (MDL) for the NEC lawsuits over Similac and Enfamil, transferring all claims to U.S. District Judge Rebecca R. Pallmeyer in the Northern District of Illinois. Judge Pallmeyer is expected to call for a series of early “bellwether” trials designed to help gauge how juries are likely to respond to certain evidence that will be repeated throughout the litigation.
Enfamil and Similac NEC Risks
Necrotizing enterocolitis (NEC) is a serious health condition that may be caused by toxic baby formula, where an infant’s intestinal tissues becomes inflamed. If left untreated, it can cause that tissue to die, resulting in perforations in the intestines, which allow bacteria to leak into the abdomen or infiltrate the bloodstream. This can lead to life-threatening infections, narrowing of the intestines, short bowel syndrome, developmental delays and a failure to thrive. About 90% of NEC cases occur among babies born in the 37th week of pregnancy and about 1 out of every 1,000 premature infants may be effected. It is usually diagnosed through a blood test for bacterial infections, fecal tests looking for blood in the stool, or by x-rays revealing air bubbles in the abdomen or around the intestines. Symptoms can include:- Abdominal pain
- Abdominal swelling
- Changes in heart rate, blood pressure, breathing and temperature
- Bloody diarrhea
- Green or yellow vomit
- Inability to gain weight
- Lack of appetite
- Lethargy
Free Similac or Enfamil Lawsuit Evaluation
NEC lawyers provide free consultations and claim evaluations to help determine if financial compensation and settlement benefits may be available as a result of the manufacturers’ failure to warn about the link between Similac, Enfamil and necrotizing enterocolitis. Toxic baby formula Lawsuits are being investigated nationwide for parents of infants who were left severely injured, or who died, due to an NEC diagnosis after being fed Similac or Enfamil while hospitalized. [_pageComponents_4_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_5_title] => ENFAMIL OR SIMILAC NEC LAWYERS [_pageComponents_5_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_5_caption] => All claims are handled on a contingency fee basis and there are no out-of-pocket expenses and no fees unless a recovery is obtained. 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Similac and Enfamil are two popular types of infant formula that have been marketed as safe and effective for premature babies. As a result, the baby formula is often fed to preemies or low birth weight infants in the NICU or hospital before discharge. However, cow’s milk-based products like Enfamil and Similac have been linked to necrotizing enterocolitis (NEC) among premature infants, which can result in serious injuries, lifelong health complications and death." } }, { "@type": "Question", "name": "Does Similac and Enfamil cause NEC?", "acceptedAnswer": { "@type": "Answer", "text": "A number of studies published over the past three decades have highlighted the link between NEC and Similac, Enfamil or other cow’s milk formula fed to premature infants. However, false and misleading information has been provided to parents, hospitals and medical providers about the risks associated with baby formula and the benefits of breast milk. Families are now pursuing Enfamil and Similac lawsuits in state and federal courts nationwide, alleging that the manufacturers placed their desire for profits before consumer safety. Free consultations and claim evaluations are provided to help determine if a family may be eligible for a baby formula NEC settlement, and there are no fees or expenses unless a recovery is obtained." } }, { "@type": "Question", "name": "Is there an Enfamil and Similac class action lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "2022 Similac and Enfamil NEC Lawsuit Update: The Similac recall litigation has been centralized as part of an MDL before U.S. District Judge Matthew F. Kennelly in the Northern District of Illinois, where Abbott is already facing a number of necrotizing enterocolitis (NEC) lawsuits brought by parents of premature infants who developed a devastating gastrointestinal illness caused by cow’s milk-based infant formula products. In September 2022, the judge appointed a group of 12 lawyers to serve in various leadership positions during the multidistrict litigation (MDL) proceedings." } }, { "@type": "Question", "name": "What are the symptoms of NEC from Similac and Enfamil infant formula?", "acceptedAnswer": { "@type": "Answer", "text": "Symptoms can include: Abdominal pain Abdominal swelling Changes in heart rate, blood pressure, breathing and temperature Bloody diarrhea Green or yellow vomit Inability to gain weight Lack of appetite Lethargy" } } ] } ) [header_pop_single_text] => [_header_pop_single_text] => field_6410b14237765 [header_pop_single_link] => [_header_pop_single_link] => field_6410b14237766 [header_pop_single_right_slideout] => [_header_pop_single_right_slideout] => field_6410b14237767 [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_subheadline] => UPDATES AND NEC SETTLEMENT INFORMATION [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the NEC Lawsuit About? 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- Born after January 1, 2000;
- Premature at 34 Weeks Gestation of Less
- Fed Similac or Enfamil Formula or Fortifier; and
- Diagnosed with NEC (necrotizing enterocolitis) or passed away due to sudden gastrointestinal issues.
Tylenol Lawsuit Overview: ADHD & Autism Side Effects
Tylenol and other acetaminophen-based drugs have been used by pregnant women for decades, based on indications they were safe and carried no side effects for unborn children. However, concerns have emerged in recent years about potential autism and ADHD side effects from Tylenol. There are now a growing number of Tylenol lawsuits and generic acetaminophen lawsuits being pursued by families, alleging that drug makers failed to disclose information about several studies that have found use during pregnancy increases the risk of a child developing autism or ADHD. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_contentHtml] =>Who is Eligible for a Tylenol ADHD or Autism Lawsuit?
Families may be eligible for a Tylenol lawsuit payout that will benefit children diagnosed with ADHD or Autism following exposure during pregnancy to any of the following brand-name or generic acetaminophen drugs:- Tylenol
- NyQuil®/DayQuil®
- Excedrin®
- Alka-Seltzer Plus®
- Mucinex®
- Robitussin®
- Goody’s
- Other Drug Containing Acetaminophen (including generic/store brand)
Does Tylenol Cause Autism Following Use By Pregnant Women?
For years, studies have highlighted the potential link between pregnant women using Tylenol and autism, ADHD and other developmental problems for children. Some of the studies and evidence suggesting that side effects of Tylenol cause autism and ADHD include:
September 2021 - Study Warns Against Acetaminophen Use During Pregnancy: In response to a growing body of evidence highlighting the Tylenol pregnancy risks, researchers warned doctors and the healthcare providers to reconsider the safety of acetaminophen for pregnant women.In findings published in the medical journal Nature Reviews Endocrinology, researchers highlighted a series of medical studies that link acetaminophen use during pregnancy and fetal development problems, including the increased risk of children to develop some neurodevelopmental, reproductive and urogenital disorders.
June 2021 - Acetaminophen Use During Pregnancy Causes Autism and ADHD Risk: A meta-analysis of six European population-based cohort studies was published in the European Journal of Epidemiology, which found that children born to pregnant women who took Tylenol or acetaminophen faced a higher risk of giving birth to children who later develop autism and ADHD.
When compared to children not exposed to acetaminophen during pregnancy, researchers discovered children exposed to Tylenol during pregnancy had a 19% increased risk of developing autism spectrum disorders and were 21% more likely to suffer from ADHD symptoms.
September 2020 - Acetaminophen Doubled ADHD Risk: A study published in the medical journal JAMA Pediatrics suggests that use of Tylenol by pregnant women may impair a developing fetus brain, leading to ADHD symptoms and other neurological disorders.
The findings revealed that children who had acetaminophen in umbilical cord blood were twice as likely to develop ADHD when compared to children without evidence of exposure while in the womb.
“The findings that ADHD and related brain phenotypes are associated with prenatal acetaminophen exposure measured directly in meconium suggest that the safety of the drug’s use during pregnancy should be reevaluated,” researchers stated in conclusion of the study.
October 2019 - Acetaminophen Increased Risk of Autism and ADHD: A study performed by Hopkins University researchers was published in the medical journal JAMA Psychiatry, finding children with the highest levels of acetaminophen in their cord blood at the time of birth had the highest risk of developing autism, adhd and other neurological disorders.
Researchers found that of the children with acetaminophen in their cord blood, 25% were diagnosed with ADHD, 6% with Autism, 4% had both Autism and ADHD, and 30% of children suffered a variety of other developmental disabilities.
The data further revealed the quantity of acetaminophen exposure to a fetus impacted risks. The findings indicated children with the highest levels of acetaminophen in cord blood were three times as likely to have ADHD and nearly four times as likely to have autism, when compared to children with lower doses.
June 2018 - Acetaminophen During Pregnancy Linked to Speech Delays: A 2018 study published in the medical journal European Psychiatry identified a potential link between acetaminophen use during pregnancy and child speech delays.
Swedish researchers collected urine samples of pregnant women using Tylenol and other acetaminophen drugs between eight and thirteen weeks of their term, and surveyed parents once the children reached 30 months old. Researchers found the concentrations of acetaminophen collected in urine samples was associated with an increased risk of language, and the highest concentrations were associated with a 10 fold risk of suffering language delays. Children of mothers who reported taking more than six acetaminophen tablets were nearly six times more likely to suffer language delays.
November 2017 - Short-Term Tylenol Exposure During Pregnancy Increases ADHD Risk: A study by Norwegian researchers was published in the medical journal Pediatrics finding there may be an association between short-term exposure acetaminophen use during pregnancy, and the risk of giving birth to a child who later develops ADHD.
Of 113,000 children enrolled in the Norwegian Mother and Child Cohort Study, 2,246 of those children have been diagnosed with ADHD. Researchers found any use of acetaminophen during pregnancy resulted in a seven percent increased risk of ADHD in the first trimester, and a 27% increased risk during the third trimester, while use of acetaminophen for 22 to 28 days for fever and infection was linked to a six-fold increased risk of ADHD.
October 2016 - Behavioral Problems Linked To Tylenol During Pregnancy: A study by U.K researchers published in the medical journal JAMA Pediatrics, which found women who used acetaminophen at 18 and 32 weeks of pregnancy had children with a 42% higher chance of conduct problems, a 31% increased risk of hyperactivity disorders and a 29% increased risk of suffering emotional problems.
Overall, children born to mothers who used Tylenol or other acetaminophen-containing drugs during pregnancy were 46% more likely to have behavioral and attention deficit disorder symptoms than children of mothers who did not take the drug during pregnancy.
June 2016 - Prenatal Tylenol Use Linked to Autism: A study published in the International Journal of Epidemiology found that prenatal use of acetaminophen was associated with greater risk of autism among males, and more cases of ADHD among both boys and girls.
Researchers found the risk of a child developing autism after exposure to acetaminophen in the womb jumped to 41% even after just a single-use. Researchers also found frequent use of Tylenol or other acetaminophen based pain relievers during pregnancy more than doubled the risk of hyperactivity and impulse disorders.
May 2015 - Acetaminophen Pregnancy Use Linked to Hormonal Issues In Boys: Research published in the medical journal Science Translational Medicine suggests pregnant women using acetaminophen may cause infant boys to be born with low testosterone levels, indicating the hormonal interruptions the drug may pose to a fetus.
“This study adds to existing evidence that prolonged use of paracetamol (acetaminophen) in pregnancy may increase the risk of reproductive disorders in male babies,” said authors of the study.
January 2015 - FDA Warns Pregnant Mothers of Side Effects of Using Acetaminophen: The U.S. Food and Drug Administration (FDA) issued an acetaminophen pregnancy warning (PDF), indicating that expecting mothers should be cautious when selecting or using over-the-counter pain or fever medications.
The agency stated there have been a number of concerns, and not enough research to confirm the safety of an unborn child being exposed to pain relievers such as acetaminophen, nonsteroidal anti-inflammatory drugs (NSAIDs) or other OTC medications.
April 2014 - Children With In Utero Tylenol Exposure 29% More Likely To Develop ADHD: A study published in the medical journal JAMA Pediatrics identified a potential link between pregnant mothers using Tylenol and ADHD, as well as hyperkinetic disorders (HKDs).
A review of 64,322 children and mothers enrolled in the Danish National Birth Cohort from 1996 to 2002 revealed mothers who used acetaminophen were 29% more likely to give birth to a child who would eventually be diagnosed with ADHD, and 37% more likely to give birth to a child with HKD by the age of seven.
October 2013 - Behavioral and Cognitive Side Effects from Tylenol Prenatal Exposure: A study by Norwegian researchers was published in the International Journal of Epidemiology, finding children whose mothers took Tylenol or acetaminophen during pregnancy for more than 28 days had poorer gross motor development, communication, externalizing behavior, and internalizing behavior when compared to children who were not exposed. However, children exposed to any acetaminophen use while in the womb, even for less than 28 days were still found to have poorer gross motor outcomes.
The study further revealed that the significant adverse developmental outcomes from acetaminophen exposure in the womb were likely to appear by the time a child was three years of age.
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[pageComponents_0_accordion_top_body] => Dozens of studies have identified serious pregnancy risks from acetaminophen, finding that Tylenol may cause autism and ADHD for unborn children.
Families throughout the U.S. are now pursuing ADHD and autism lawsuits against Tylenol and acetaminophen manufacturers, alleging that warning should have been pursued about the risks associated with use of the pain medication during pregnancy.
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[pageComponents_0_accordion_left_body] => Tylenol autism lawsuits are being investigated for children currently under 15 years old who were diagnosed with Autism Spectrum Disorder (ASD) between the ages of 1 and 10 years old; and/or
Tylenol ADHD lawsuits are being investigated for children currently under 15 years old who were diagnosed with severe attention deficit hyperactivity disorder (ADHD) between the ages of 8 and 14 years old.
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[pageComponents_5_contentHtml] => Latest 2023 Tylenol Lawsuit Updates
April 2023 Update: In response to a request by Judge Cote, plaintiffs have submitted an example of the Tylenol pregnancy warnings that could have been provided by the drug makers. The Court has invited the FDA and U.S. government to weigh in on the proposed acetaminophen autism and ADHD warnings for pregnant women by July 28, 2023. February 2023 Update: Johnson & Johnson and a group of retailer defendants have filed a motion to dismiss the Tylenol autism and ADHD lawsuits, arguing that the claims are pre-empted by federal law. Although the Court previously rejected a similar motion filed by Walmart, the new motion attempts to argue that the drug makers could not unilaterally update the Tylenol pregnancy warnings without FDA approval. However, lawyers representing families indicate that the Court should reject the motion again. January 2023 Update: As the litigation gets underway, the Court has directed the parties to prioritize discovery into the link between Tylenol and autism, ADHD or developmental disorders, focusing on documents and information that establish prenatal exposure to acetaminophen causes the problems in babies. December 2022 Update: After the U.S. District Judge presiding over the acetaminophen MDL issued an opinion and order last month denying Walmart’s motion to dismiss ADHD and autism lawsuits brought by two families, the retailer has filed a request for an immediate appeal, which may delay hundreds of other claims being pursued while the U.S. Court of Appeals for the Second Circuit considers the issue. [showmore more="Show More 2022 Tylenol Lawsuit Updates" less="Hide 2022 Tylenol Lawsuit Updates" align="center"]November 2022 Update: As the organizational structure of the federal MDL is established, the Court appointed a group of 22 Tylenol autism lawyers to serve in various leadership positions during the proceedings. These lawyers will take actions that benefit all plaintiffs on issues common across many claims. However, each individual plaintiff will still maintain their own lawyer to establish that the specific child's diagnosis of ADHD or autism was caused by Tylenol.
October 2022 Update: An order has been issued establishing an acetaminophen MDL for all autism lawsuits and ADHD lawsuits brought over the pregnancy risks associated with use of Tylenol or other similar pain medications. The cases will be centralized before Senior U.S. District Judge Denise Cote in the Southern District of New York. The first initial status conference is set for November 17. September 2022 Update: The U.S. JPML heard oral arguments at a hearing in St. Louis, Missouri on September 29, 2022, to decide whether to consolidate and centralize the acetaminophen pregnancy autism and ADHD lawsuits before one judge for coordinated pretrial proceedings in a multidistrict litigation (MDL). July 2022 Update: Drug makers and retailers named in the generic acetaminophen cases opposed the consolidation of the autism and ADHD lawsuits, claiming that there are not yet enough cases filed to warrant centralization. June 2022 Update: A group of plaintiffs filed a motion (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on June 10, calling for centralization of acetaminophen autism lawsuits and acetaminophen ADHD lawsuits brought throughout the federal court system. However, the motion does not yet include any Tylenol lawsuits brought over use of the brand-name medication. May 2022 Update: A growing number of Tylenol autism and ADHD lawsuits are being filed in U.S. District Courts nationwide against manufacturers or retailers of generic versions of the pain medication acetaminophen. [/showmore] [_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_8_textAlignment] => text-left [_pageComponents_8_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_8_full_width] => standard-width [_pageComponents_8_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_8_contentHtml] =>Is there a Tylenol Class Action Lawsuit?
While it is likely that a Tylenol class action lawsuit will be brought to seek damages for all pregnant women and families of children exposed to acetaminophen in utero, most Tylenol autism and ADHD claims are currently being pursued as individual product liability lawsuits. Given a growing number of autism lawsuit and ADHD lawsuits being filed in U.S. District Courts nationwide, coordinated pretrial proceedings have been established in the federal court system, where all claims are centralized before one judge in New York for common discovery and management in a manner similar to a Tylenol autism or ADHD class action lawsuit. However, each claim will remain an individual lawsuit. The U.S. Judicial Panel on Multidistrict Litigation (JPML) was asked to establish a federal Tylenol MDL proceeding in September 2022, and determined that the litigation will be managed by Senior U.S. District Judge Denise Cote, who has been on the federal bench since 1994 and has presided over a number of complex claims and class action lawsuits. As part of the coordinated pretrial proceedings in the Tylenol MDL (multidistrict litigation), it is expected that small groups of representative claims involving similar allegations will be prepared for early trial dates, to help gauge how juries are likely to respond to certain evidence and testimony. Following any bellwether trials, if Tylenol settlements for autism and ADHD are not reached by the drug makers, each individual case may later be remanded to U.S. District Courts nationwide for separate trial dates to determine the amount of each Tylenol lawsuit payout.Examples of Tylenol Lawsuits and Acetaminophen Lawsuits
As of late 2022, the pending lawsuits over Tylenol autism and ADHD risks have been filed against manufacturers and retailers of generic acetaminophen. Some examples include: Acetaminophen ADHD Lawsuit: Candice Crawford filed a lawsuit in the U.S. District Court for the District of Minnesota on September 30, 2022, claiming Target, Walmart and Walgreens all failed to provide customers any warnings about the ADHD risks acetaminophen exposure may pose to unborn children. Crawford indicates she took acetaminophen products nearly every day during her pregnancy to treat aches, back pains and pains in her extremities, which are common during pregnancy. As a result, her child now suffers speech delays, behavioral issues and aggression, and was diagnosed with ADHD in November 2021. Walmart Acetaminophen Autism Lawsuit: Heather Strydom filed complaint against Walmart, Inc. in the U.S. District Court for the District of Minnesota on August 2, 2022, claiming that the massive retailer failed to warn expecting mothers about the autism risks from acetaminophen during pregnancy. Strydom indicates that she took Walmart acetaminophen three to six times per week for back pain and body aches during her pregnancy from late 2016, through the birth of her child in 2017, alleging that the drug left her child with the developmental disorder. Costco Acetaminophen Lawsuit: Abby Horowitz filed a lawsuit against Costco in the U.S. District Court for the Central District of California on July 29, 2022, claiming that the bulk retailer sold pain medications to pregnant mothers without warning about the acetaminophen autism risks for the developing fetus. Horowitz claims she used Costco acetaminophen three to six times a week for pain relief during both of her pregnancies in 2004 and 2020. As a result, her first child was diagnosed with autism in 2014, and the second child has now begun to show signs of developmental delays and is being treated for autism.What is the Average Tylenol Lawsuit Payout or Autism Settlement Amount?
As of 2023, there have not yet been any Tylenol autism settlements or Tylenol ADHD settlements, so the average lawsuit payout value has not been determined. The litigation remains in the early stages, and further information is likely to be available as the first Tylenol lawsuit trials are scheduled in the coming years. Given the wide range of complications caused by acetaminophen, and different ways autism and ADHD will impact children, lawyers expect that there will be a large variance in the average Tylenol lawsuit payout, depending on the severity of neurological injuries and the types of treatment or special needs throughout the child’s life. During the acetaminophen litigation it is expected that courts will establish a bellwether process, where small groups of representative claims are prepared for early trial dates to help determine the average Tylenol autism lawsuit payouts and Tylenol ADHD lawsuit payouts, which will factor into future negotiations. Johnson & Johnson previously faced hundreds of Tylenol liver damage lawsuits, involving similar allegations that the drug maker failed to warn about the risk of liver failure side effects from acetaminophen. Following several years of litigation, as the first cases were about to go before juries in the U.S. in 2017, the drug maker reached a Tylenol settlement and agreed to pay millions in combined lawsuit payouts for individuals who suffered liver failure and other injuries. As settlements for Tylenol autism and ADHD lawsuits are announced, information will be updated on this page.Have a Tylenol Lawyer Review Your Child’s Case
It is important to obtain experienced legal representation to pursue a Tylenol autism lawsuit or Tylenol ADHD lawsuit, and make sure your family receives the financial compensation they deserve. A Tylenol lawyer will help protect your legal interests, and they provide free consultations to help determine if you or a loved one may be eligible for a settlement. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_8_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_9_title] => Free Case Evaluation [_pageComponents_9_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_9_caption] => Find Out If Your Child is Eligible for a Tylenol Autism or ADHD Settlement [_pageComponents_9_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_9_image] => 11167 [_pageComponents_9_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_9_link] => Array ( [title] => CONTACT A LAWYER [url] => # [target] => ) [_pageComponents_9_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_9_gform_id] => 2 [_pageComponents_9_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_9_button_style] => standard [_pageComponents_9_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_9_show_if_not_in_target_topic] => 1 [_pageComponents_9_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_10_show_related_stories] => 1 [_pageComponents_10_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_12_return_posts] => first [_pageComponents_12_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts ) [___content:protected] => [_permalink:protected] => [_next:protected] => Array ( ) [_prev:protected] => Array ( ) [_css_class:protected] => [id] => 20273 [ID] => 20273 [post_author] => 5 [post_content] => Side effects of Tylenol, the popular and widely used pain killer, may increase the risk of serious liver damage and liver failure, potentially resulting in the need for a liver transplant. TYLENOL LAWSUIT STATUS: Product liability lawyers are pursuing potential Tylenol lawsuits for individuals throughout the United States who have been diagnosed with liver problems due to side effects of acetaminophen, the active ingredient in the pain medication. In February 2017 a proposed Tylenol settlement was announced, but the details have not been released. .>>SUBMIT INFO ABOUT A TYLENOL LAWSUIT<<
OVERVIEW: Tylenol (acetaminophen) is an analgesic pain reliever developed in 1955 by McNeil Laboratories, which is now a subsidiary of Johnson & Johnson. Acetaminophen is also used in other combination painkillers such as Vicodin, Percocet and Tylenol with Codeine, as well as in a number of cold medications, including Alka-Seltzer and NyQuil. According to the FDA, Tylenol and acetaminophen are a leading cause of liver failure in the United States, resulting in an estimated 450 deaths each year, with more than 50,000 emergency room visits caused by acetaminophen overdose, and 25,000 hospitalizations. A growing number of lawsuits have been filed on behalf of individuals who allege that Johnson & Johnson and their McNeil unit failed to adequately warn about the risks associated with Tylenol overdose or provide proper information about the importance of seeking immediate medical attention if symptoms of liver failure on Tylenol surface, such as:- Yellowing of the skin and eyes (jaundice)
- Abdomen pain
- Nausea and vomiting
- Problems concentrating
- Confusion or disorientation
- Excessive sleepiness
Tylenol Lawsuit Overview: ADHD & Autism Side Effects
Tylenol and other acetaminophen-based drugs have been used by pregnant women for decades, based on indications they were safe and carried no side effects for unborn children. However, concerns have emerged in recent years about potential autism and ADHD side effects from Tylenol. There are now a growing number of Tylenol lawsuits and generic acetaminophen lawsuits being pursued by families, alleging that drug makers failed to disclose information about several studies that have found use during pregnancy increases the risk of a child developing autism or ADHD. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_contentHtml] =>Who is Eligible for a Tylenol ADHD or Autism Lawsuit?
Families may be eligible for a Tylenol lawsuit payout that will benefit children diagnosed with ADHD or Autism following exposure during pregnancy to any of the following brand-name or generic acetaminophen drugs:- Tylenol
- NyQuil®/DayQuil®
- Excedrin®
- Alka-Seltzer Plus®
- Mucinex®
- Robitussin®
- Goody’s
- Other Drug Containing Acetaminophen (including generic/store brand)
Does Tylenol Cause Autism Following Use By Pregnant Women?
For years, studies have highlighted the potential link between pregnant women using Tylenol and autism, ADHD and other developmental problems for children. Some of the studies and evidence suggesting that side effects of Tylenol cause autism and ADHD include:
September 2021 - Study Warns Against Acetaminophen Use During Pregnancy: In response to a growing body of evidence highlighting the Tylenol pregnancy risks, researchers warned doctors and the healthcare providers to reconsider the safety of acetaminophen for pregnant women.In findings published in the medical journal Nature Reviews Endocrinology, researchers highlighted a series of medical studies that link acetaminophen use during pregnancy and fetal development problems, including the increased risk of children to develop some neurodevelopmental, reproductive and urogenital disorders.
June 2021 - Acetaminophen Use During Pregnancy Causes Autism and ADHD Risk: A meta-analysis of six European population-based cohort studies was published in the European Journal of Epidemiology, which found that children born to pregnant women who took Tylenol or acetaminophen faced a higher risk of giving birth to children who later develop autism and ADHD.
When compared to children not exposed to acetaminophen during pregnancy, researchers discovered children exposed to Tylenol during pregnancy had a 19% increased risk of developing autism spectrum disorders and were 21% more likely to suffer from ADHD symptoms.
September 2020 - Acetaminophen Doubled ADHD Risk: A study published in the medical journal JAMA Pediatrics suggests that use of Tylenol by pregnant women may impair a developing fetus brain, leading to ADHD symptoms and other neurological disorders.
The findings revealed that children who had acetaminophen in umbilical cord blood were twice as likely to develop ADHD when compared to children without evidence of exposure while in the womb.
“The findings that ADHD and related brain phenotypes are associated with prenatal acetaminophen exposure measured directly in meconium suggest that the safety of the drug’s use during pregnancy should be reevaluated,” researchers stated in conclusion of the study.
October 2019 - Acetaminophen Increased Risk of Autism and ADHD: A study performed by Hopkins University researchers was published in the medical journal JAMA Psychiatry, finding children with the highest levels of acetaminophen in their cord blood at the time of birth had the highest risk of developing autism, adhd and other neurological disorders.
Researchers found that of the children with acetaminophen in their cord blood, 25% were diagnosed with ADHD, 6% with Autism, 4% had both Autism and ADHD, and 30% of children suffered a variety of other developmental disabilities.
The data further revealed the quantity of acetaminophen exposure to a fetus impacted risks. The findings indicated children with the highest levels of acetaminophen in cord blood were three times as likely to have ADHD and nearly four times as likely to have autism, when compared to children with lower doses.
June 2018 - Acetaminophen During Pregnancy Linked to Speech Delays: A 2018 study published in the medical journal European Psychiatry identified a potential link between acetaminophen use during pregnancy and child speech delays.
Swedish researchers collected urine samples of pregnant women using Tylenol and other acetaminophen drugs between eight and thirteen weeks of their term, and surveyed parents once the children reached 30 months old. Researchers found the concentrations of acetaminophen collected in urine samples was associated with an increased risk of language, and the highest concentrations were associated with a 10 fold risk of suffering language delays. Children of mothers who reported taking more than six acetaminophen tablets were nearly six times more likely to suffer language delays.
November 2017 - Short-Term Tylenol Exposure During Pregnancy Increases ADHD Risk: A study by Norwegian researchers was published in the medical journal Pediatrics finding there may be an association between short-term exposure acetaminophen use during pregnancy, and the risk of giving birth to a child who later develops ADHD.
Of 113,000 children enrolled in the Norwegian Mother and Child Cohort Study, 2,246 of those children have been diagnosed with ADHD. Researchers found any use of acetaminophen during pregnancy resulted in a seven percent increased risk of ADHD in the first trimester, and a 27% increased risk during the third trimester, while use of acetaminophen for 22 to 28 days for fever and infection was linked to a six-fold increased risk of ADHD.
October 2016 - Behavioral Problems Linked To Tylenol During Pregnancy: A study by U.K researchers published in the medical journal JAMA Pediatrics, which found women who used acetaminophen at 18 and 32 weeks of pregnancy had children with a 42% higher chance of conduct problems, a 31% increased risk of hyperactivity disorders and a 29% increased risk of suffering emotional problems.
Overall, children born to mothers who used Tylenol or other acetaminophen-containing drugs during pregnancy were 46% more likely to have behavioral and attention deficit disorder symptoms than children of mothers who did not take the drug during pregnancy.
June 2016 - Prenatal Tylenol Use Linked to Autism: A study published in the International Journal of Epidemiology found that prenatal use of acetaminophen was associated with greater risk of autism among males, and more cases of ADHD among both boys and girls.
Researchers found the risk of a child developing autism after exposure to acetaminophen in the womb jumped to 41% even after just a single-use. Researchers also found frequent use of Tylenol or other acetaminophen based pain relievers during pregnancy more than doubled the risk of hyperactivity and impulse disorders.
May 2015 - Acetaminophen Pregnancy Use Linked to Hormonal Issues In Boys: Research published in the medical journal Science Translational Medicine suggests pregnant women using acetaminophen may cause infant boys to be born with low testosterone levels, indicating the hormonal interruptions the drug may pose to a fetus.
“This study adds to existing evidence that prolonged use of paracetamol (acetaminophen) in pregnancy may increase the risk of reproductive disorders in male babies,” said authors of the study.
January 2015 - FDA Warns Pregnant Mothers of Side Effects of Using Acetaminophen: The U.S. Food and Drug Administration (FDA) issued an acetaminophen pregnancy warning (PDF), indicating that expecting mothers should be cautious when selecting or using over-the-counter pain or fever medications.
The agency stated there have been a number of concerns, and not enough research to confirm the safety of an unborn child being exposed to pain relievers such as acetaminophen, nonsteroidal anti-inflammatory drugs (NSAIDs) or other OTC medications.
April 2014 - Children With In Utero Tylenol Exposure 29% More Likely To Develop ADHD: A study published in the medical journal JAMA Pediatrics identified a potential link between pregnant mothers using Tylenol and ADHD, as well as hyperkinetic disorders (HKDs).
A review of 64,322 children and mothers enrolled in the Danish National Birth Cohort from 1996 to 2002 revealed mothers who used acetaminophen were 29% more likely to give birth to a child who would eventually be diagnosed with ADHD, and 37% more likely to give birth to a child with HKD by the age of seven.
October 2013 - Behavioral and Cognitive Side Effects from Tylenol Prenatal Exposure: A study by Norwegian researchers was published in the International Journal of Epidemiology, finding children whose mothers took Tylenol or acetaminophen during pregnancy for more than 28 days had poorer gross motor development, communication, externalizing behavior, and internalizing behavior when compared to children who were not exposed. However, children exposed to any acetaminophen use while in the womb, even for less than 28 days were still found to have poorer gross motor outcomes.
The study further revealed that the significant adverse developmental outcomes from acetaminophen exposure in the womb were likely to appear by the time a child was three years of age.
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[pageComponents_0_accordion_top_body] => Dozens of studies have identified serious pregnancy risks from acetaminophen, finding that Tylenol may cause autism and ADHD for unborn children.
Families throughout the U.S. are now pursuing ADHD and autism lawsuits against Tylenol and acetaminophen manufacturers, alleging that warning should have been pursued about the risks associated with use of the pain medication during pregnancy.
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[pageComponents_0_accordion_left_body] => Tylenol autism lawsuits are being investigated for children currently under 15 years old who were diagnosed with Autism Spectrum Disorder (ASD) between the ages of 1 and 10 years old; and/or
Tylenol ADHD lawsuits are being investigated for children currently under 15 years old who were diagnosed with severe attention deficit hyperactivity disorder (ADHD) between the ages of 8 and 14 years old.
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[pageComponents_5_contentHtml] => Latest 2023 Tylenol Lawsuit Updates
April 2023 Update: In response to a request by Judge Cote, plaintiffs have submitted an example of the Tylenol pregnancy warnings that could have been provided by the drug makers. The Court has invited the FDA and U.S. government to weigh in on the proposed acetaminophen autism and ADHD warnings for pregnant women by July 28, 2023. February 2023 Update: Johnson & Johnson and a group of retailer defendants have filed a motion to dismiss the Tylenol autism and ADHD lawsuits, arguing that the claims are pre-empted by federal law. Although the Court previously rejected a similar motion filed by Walmart, the new motion attempts to argue that the drug makers could not unilaterally update the Tylenol pregnancy warnings without FDA approval. However, lawyers representing families indicate that the Court should reject the motion again. January 2023 Update: As the litigation gets underway, the Court has directed the parties to prioritize discovery into the link between Tylenol and autism, ADHD or developmental disorders, focusing on documents and information that establish prenatal exposure to acetaminophen causes the problems in babies. December 2022 Update: After the U.S. District Judge presiding over the acetaminophen MDL issued an opinion and order last month denying Walmart’s motion to dismiss ADHD and autism lawsuits brought by two families, the retailer has filed a request for an immediate appeal, which may delay hundreds of other claims being pursued while the U.S. Court of Appeals for the Second Circuit considers the issue. [showmore more="Show More 2022 Tylenol Lawsuit Updates" less="Hide 2022 Tylenol Lawsuit Updates" align="center"]November 2022 Update: As the organizational structure of the federal MDL is established, the Court appointed a group of 22 Tylenol autism lawyers to serve in various leadership positions during the proceedings. These lawyers will take actions that benefit all plaintiffs on issues common across many claims. However, each individual plaintiff will still maintain their own lawyer to establish that the specific child's diagnosis of ADHD or autism was caused by Tylenol.
October 2022 Update: An order has been issued establishing an acetaminophen MDL for all autism lawsuits and ADHD lawsuits brought over the pregnancy risks associated with use of Tylenol or other similar pain medications. The cases will be centralized before Senior U.S. District Judge Denise Cote in the Southern District of New York. The first initial status conference is set for November 17. September 2022 Update: The U.S. JPML heard oral arguments at a hearing in St. Louis, Missouri on September 29, 2022, to decide whether to consolidate and centralize the acetaminophen pregnancy autism and ADHD lawsuits before one judge for coordinated pretrial proceedings in a multidistrict litigation (MDL). July 2022 Update: Drug makers and retailers named in the generic acetaminophen cases opposed the consolidation of the autism and ADHD lawsuits, claiming that there are not yet enough cases filed to warrant centralization. June 2022 Update: A group of plaintiffs filed a motion (PDF) with the U.S. Judicial Panel on Multidistrict Litigation (JPML) on June 10, calling for centralization of acetaminophen autism lawsuits and acetaminophen ADHD lawsuits brought throughout the federal court system. However, the motion does not yet include any Tylenol lawsuits brought over use of the brand-name medication. May 2022 Update: A growing number of Tylenol autism and ADHD lawsuits are being filed in U.S. District Courts nationwide against manufacturers or retailers of generic versions of the pain medication acetaminophen. [/showmore] [_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_8_textAlignment] => text-left [_pageComponents_8_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_8_full_width] => standard-width [_pageComponents_8_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_8_contentHtml] =>Is there a Tylenol Class Action Lawsuit?
While it is likely that a Tylenol class action lawsuit will be brought to seek damages for all pregnant women and families of children exposed to acetaminophen in utero, most Tylenol autism and ADHD claims are currently being pursued as individual product liability lawsuits. Given a growing number of autism lawsuit and ADHD lawsuits being filed in U.S. District Courts nationwide, coordinated pretrial proceedings have been established in the federal court system, where all claims are centralized before one judge in New York for common discovery and management in a manner similar to a Tylenol autism or ADHD class action lawsuit. However, each claim will remain an individual lawsuit. The U.S. Judicial Panel on Multidistrict Litigation (JPML) was asked to establish a federal Tylenol MDL proceeding in September 2022, and determined that the litigation will be managed by Senior U.S. District Judge Denise Cote, who has been on the federal bench since 1994 and has presided over a number of complex claims and class action lawsuits. As part of the coordinated pretrial proceedings in the Tylenol MDL (multidistrict litigation), it is expected that small groups of representative claims involving similar allegations will be prepared for early trial dates, to help gauge how juries are likely to respond to certain evidence and testimony. Following any bellwether trials, if Tylenol settlements for autism and ADHD are not reached by the drug makers, each individual case may later be remanded to U.S. District Courts nationwide for separate trial dates to determine the amount of each Tylenol lawsuit payout.Examples of Tylenol Lawsuits and Acetaminophen Lawsuits
As of late 2022, the pending lawsuits over Tylenol autism and ADHD risks have been filed against manufacturers and retailers of generic acetaminophen. Some examples include: Acetaminophen ADHD Lawsuit: Candice Crawford filed a lawsuit in the U.S. District Court for the District of Minnesota on September 30, 2022, claiming Target, Walmart and Walgreens all failed to provide customers any warnings about the ADHD risks acetaminophen exposure may pose to unborn children. Crawford indicates she took acetaminophen products nearly every day during her pregnancy to treat aches, back pains and pains in her extremities, which are common during pregnancy. As a result, her child now suffers speech delays, behavioral issues and aggression, and was diagnosed with ADHD in November 2021. Walmart Acetaminophen Autism Lawsuit: Heather Strydom filed complaint against Walmart, Inc. in the U.S. District Court for the District of Minnesota on August 2, 2022, claiming that the massive retailer failed to warn expecting mothers about the autism risks from acetaminophen during pregnancy. Strydom indicates that she took Walmart acetaminophen three to six times per week for back pain and body aches during her pregnancy from late 2016, through the birth of her child in 2017, alleging that the drug left her child with the developmental disorder. Costco Acetaminophen Lawsuit: Abby Horowitz filed a lawsuit against Costco in the U.S. District Court for the Central District of California on July 29, 2022, claiming that the bulk retailer sold pain medications to pregnant mothers without warning about the acetaminophen autism risks for the developing fetus. Horowitz claims she used Costco acetaminophen three to six times a week for pain relief during both of her pregnancies in 2004 and 2020. As a result, her first child was diagnosed with autism in 2014, and the second child has now begun to show signs of developmental delays and is being treated for autism.What is the Average Tylenol Lawsuit Payout or Autism Settlement Amount?
As of 2023, there have not yet been any Tylenol autism settlements or Tylenol ADHD settlements, so the average lawsuit payout value has not been determined. The litigation remains in the early stages, and further information is likely to be available as the first Tylenol lawsuit trials are scheduled in the coming years. Given the wide range of complications caused by acetaminophen, and different ways autism and ADHD will impact children, lawyers expect that there will be a large variance in the average Tylenol lawsuit payout, depending on the severity of neurological injuries and the types of treatment or special needs throughout the child’s life. During the acetaminophen litigation it is expected that courts will establish a bellwether process, where small groups of representative claims are prepared for early trial dates to help determine the average Tylenol autism lawsuit payouts and Tylenol ADHD lawsuit payouts, which will factor into future negotiations. Johnson & Johnson previously faced hundreds of Tylenol liver damage lawsuits, involving similar allegations that the drug maker failed to warn about the risk of liver failure side effects from acetaminophen. Following several years of litigation, as the first cases were about to go before juries in the U.S. in 2017, the drug maker reached a Tylenol settlement and agreed to pay millions in combined lawsuit payouts for individuals who suffered liver failure and other injuries. As settlements for Tylenol autism and ADHD lawsuits are announced, information will be updated on this page.Have a Tylenol Lawyer Review Your Child’s Case
It is important to obtain experienced legal representation to pursue a Tylenol autism lawsuit or Tylenol ADHD lawsuit, and make sure your family receives the financial compensation they deserve. A Tylenol lawyer will help protect your legal interests, and they provide free consultations to help determine if you or a loved one may be eligible for a settlement. There are no fees or expenses unless a recovery is obtained in your case. 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Lawyers review cases nationwide. [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Side effects of the Gardasil HPV vaccine have been linked to serious and debilitating autoimmune injuries, including postural orthostatic tachycardia syndrome (POTS). Following the latest Gardasil lawsuit updates here. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => 4 [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_1_contentHtml] =>Gardasil Lawsuit Overview
Teens and young adults throughout the United States are now pursuing Gardasil lawsuits against Merck, indicating that they were left with severe pain and injuries after receiving the HPV vaccine injections, including potentially life-threatening autoimmune disorders and cancers. According to allegations raised in Gardasil vaccine lawsuits, benefits associated with the HPV vaccine are negligible and are outweighed by the serious Gardasil risks. Product liability lawyers provide free consultations and case evaluations to help determine whether financial compensation may be available through a Gardasil lawsuit settlement. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_2_subtitle] => [_pageComponents_2_subtitle] => field_pageComponents_pageComponents_postDefaultCta_subtitle [pageComponents_2_title] => [_pageComponents_2_title] => field_pageComponents_pageComponents_postDefaultCta_title [pageComponents_2_caption] => [_pageComponents_2_caption] => field_pageComponents_pageComponents_postDefaultCta_caption [pageComponents_2_image] => [_pageComponents_2_image] => field_pageComponents_pageComponents_postDefaultCta_image [pageComponents_2_link] => [_pageComponents_2_link] => field_pageComponents_pageComponents_postDefaultCta_link [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_2_related_stories_title] => Related Stories [_pageComponents_2_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_2_related_stories] => [_pageComponents_2_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Latest Gardasil Lawsuit Updates
April 2023 Update: The Court has indicated that 16 Gardasil lawsuits will be selected for a bellwether pool by June 1, 2023, including five selected plaintiffs, five selected by Merck, four randomly selected by the Judge and two cases included that were originally filed in the Western District of North Carolina before the HPV vaccine MDL was established. March 2023 Update: To help guide the selection of a group of representative cases that will be prepared for early trial dates in the MDL, the Court has required a Plaintiff Fact Sheet to provide information about Gardasil vaccine injury claims raised in each lawsuit. January 2023 Update: Parties involved in the litigation approved a joint Gardasil bellwether selection plan which indicates six cases would be selected for the bellwether trials by August 5, 2024. November 2022 Update: A group of Gardasil lawyers have been appointed to MDL leadership positions, taking certain actions during the consolidated pretrial proceedings that benefit all plaintiffs pursuing a lawsuit over side effects of the HPV vaccine. Over the coming months, the parties will engage in coordinated discovery into common issues in the litigation and the Court will establish a pretrial motions schedule. October 2022 Update: Judge Conrad will hold an initial status conference on October 11, to meet with Gardasil vaccine lawyers involved in the litigation and discuss the organizational structure for the recently established MDL. August 2022 Update: The U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered all Gardasil injury lawsuits consolidated in an MDL, centralizing the claims beforeU.S. District Judge Robert J. Conrad in the Western District of North Carolina. July 2022 Update: The JPML will hear oral arguments this month on whether to centralize all Gardasil lawsuits filed in the federal court system before one judge for coordinated discovery and pretrial rulings. A decision is expected in early August 2022. April 2022 Update: Given common questions of fact and law raised in a growing number of lawsuits filed nationwide, a motion ha been filed to establish a Gardasil MDL (Multidistrict Litigation), which would consolidate the cases in one court for handling similar to a Gardasil class action during pretrial proceedings. August 2020 Update: One of the first Gardasil lawsuits over autoimmune disorder side effects in the United States was filed by a Rhode Island woman, who experienced problems after receiving the injection when she was 13 years old.Problems with Gardasil
Gardasil, and its current, updated version, Gardasil-9 are approved by the FDA as vaccines for the prevention of HPV-related cervical cancer. The FDA approved the original Gardasil formulation in June 2006, and approved Gardasil-9, the version currently in use, in December 2014, for girls ages nine through 26, and boys ages nine through 15 for the prevention of cervical, vaginal, and anal cancers, as well as genital warts. HPV is the most common sexually transmitted disease in the world, infecting most sexually active people at some point in their lives. Of the 200 different strains, only about 12 to 18 are associated with an increased risk of cervical cancer. In most cases, the body’s immune system handles HPV without medical assistance. Although there were serious questions about the effectiveness of the vaccine, Gardasil injections have been widely recommended for young girls and boys before adolescence and potential sexual activity to promote "herd immunity" and prevent spread of HPV infections. Gardasil lawsuits allege that Merck withheld information about the risks associated with the vaccine, failing to warn consumers and the medical community about potential side effects of the HPV vaccine.Gardasil Autoimmune Side Effects
Gardasil contains a number of ingredients which are known to sometimes cause problems with the autoimmune system, including Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) and HPV LI-DNA fragments. Critics claim Merck failed to adequately disclose the presence of these ingredients, and also claim Merck used them in the placebos given to “control” test subjects during clinical trials, leading to an inaccurate assessment of Gardasil side effects. These additives have been linked to problems with cognitive and motor functions, autoimmune reactions, increased blood brain barrier permeability, and macrophagic myofascitis of the muscles. They are also believed to be able to block neuronal signaling, interrupt cell-to-cell communications, corrupt neuronal-glial interactions and interfere with synaptic transmissions, alter enzyme functions, impair protein functions and could alter DNA. Multiple medical journals have published studies suggesting a strong link between the Gardasil vaccine and POTS, which is an acronym for “Postural Orthostatic Tachycardia Syndrome”. The condition is most known for its disruption of the autonomic nervous system’s regulation of many vital bodily functions including heart rate, blood pressure and body temperature. According to reports submitted by families nationwide, Gardasil side effects have been linked to a number of health problems, including:- Autoimmune Diseases
- POTS (Postural Orthostatic Tachycardia Syndrome)
- Premature Ovarian Failure
- Premature Menopause
- Polycystic Ovary Syndrome (PCOS)
- Idiopathic Thrombocytopenic Purpura (ITP)
- Irregular Heartbeat/Tachycardia
- Lupus
- Neurologic Disorder
- Brain Fog or Chronic Inability to Concentrate
- Chronic Fatigue
- Chronic Pain
- Severe Headaches
- Difficulty Sleeping
- Fibromyalgia
- Nerve Damage
- Menstrual Disorders/Problems
- Gastrointestinal Issues (food intolerances, nausea, vomiting)
Gardasil Cancer Risks
Some studies suggest cervical cancer rates have increased instead of decreased where Gardasil has seen widespread use, indicating it may be contributing to higher cervical cancer rates instead of lowering them. Participants in the clinical trials developed cervical cancer in some cases, and certain women have reported developing sudden, aggressive, forms of cervical cancer after receiving the vaccinations. One study found that cancer rates in Britain increased 54% among young women aged 25 to 29, following introduction of Gardasil and another HPV vaccine not sold in the U.S. In addition, there has been a 16 percent increase in cervical cancer among 25- to 29-year-olds, and a 30 percent increase in 30 to 34 year-old women 13 years after Gardasil vaccinations were implemented in Australia.Gardasil Vaccine Lawsuit Examples
Merrick Brunker Lawsuit: Filed in California state court in February 2022, Brunker alleged that problems from the Gardasil HPV vaccine surfaced within minutes of receiving the injection, causing symptoms of dizziness and fatigue. Within days, the side effects expanded to include extreme headaches, numbness and other severe symptoms that required a lumbar puncture to drain fluid buildup. Ashley Muller Lawsuit: Filed in the U.S. District Court for the Northern District of Florida in October 2021, Muller alleged that Gardasil injections caused POTS (Postural Orthostatic Tachycardia Syndrome), which left her with permanent pain and health problems. After receiving three Gardasil injections starting at age 19, Muller experienced symptoms of fatigue, headache, joint pain, dizziness and brain fog. As her condition worsened, she was diagnosed with various medical conditions, including POTS, irritable bowel syndrome (IBS), TMF, gallbladder failure and other injuries. Korrine Herlth Lawsuit: Filed in the U.S. District Court for the District of Connecticut in March 2021, Herlth filed the Gardasil vaccine lawsuit over autoimmune problems that began to emerge after she received the injection as a teenager. The complaint points to a lack of evidence that the HPV vaccine even works as advertised, and indicates that it may be more likely to cause cancer in those previously exposed to HPV than prevent it. Zacharia Otto Lawsuit: Filed in California state court in September 2020, Otto alleged that he experienced Gardasil complications as a teen boy, and was ultimately diagnosed with postural orthostatic tachycardia syndrome (POTS), fibromyalgia, osteoporosis, mast cell activation syndrome, autonomic neuropathy, small fiber neuropathy and chronic fatigue syndrome, leaving the young man with disabilities that require a cane for short distances or wheelchair for longer distances.Gardasil HPV Vaccine Settlement Updates
Since all claims were consolidated in a federal multidistrict litigation (MDL), there has been no global Gardasil settlement reached and there have been no Gardasil lawsuit payouts awarded by juries. However, the U.S. District Judge presiding over the litigation has established a program where a small group of representative claims will be prepared for early trial dates to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout all Gardasil lawsuits. According to a case management order (PDF) issued in March 2023, a group of 16 cases will go through case-specific discovery before the parties narrow the pool to a six trial cases. Written discovery in the cases will be completed by December 14, 2023, and all fact discovery will be completed by February 15, 2024. The parties will then argue a series of pretrial motions, with any "Daubert" challenges to the admissibility of expert witness testimony due in September 2024. It is then expected that the Court will schedule a series of Gardasil trial dates in late 2024 or 2025. While the outcome of these early trial dates will not be binding on other claims, they are likely to have a big impact on the average amount of Gardasil settlements that may be offered to individuals who experienced problems from the HPV vaccine.Gardasil Lawyers Reviewing Cases Nationwide
Lawyers are continuing to provide free consultations and claim evaluations to help families and young adults determine whether they may be eligible for financial compensation as a result of Merck’s failure to thoroughly research and test Gardasil before putting it on the market, or adequately warn recipients about the risk associated with the vaccine. If warnings and information about the risk of Gardasil side effects had been provided, many parents may have decided against getting the vaccines, and injuries and deaths may have been avoided. Gardasil lawsuit settlements may help provide the benefits and financial compensation that individuals living with these debilitating complications need. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_0_site_bullets_0_bullet] => All lawsuits filed over side effects of Gardasil HPV vaccines are consolidated before one judge for coordinated discovery and pretrial proceedings [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => First Gardasil trial dates are expected to begin in August 2024, to help gauge how juries may respond to evidence that will be repeated throughout the litigation [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => Lawyers are continuing to review new Gardasil lawsuits for individuals nationwide [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => CONTACT A GARDASIL LAWYER TO MAKE A CLAIM [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [_yoast_wpseo_primary_topics] => 5283 [_yoast_wpseo_primary_lawsuits] => 25 [pageComponents_4_title] => Gardasil Vaccine Lawyers [_pageComponents_4_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_4_caption] => Free consultations and claim evaluations are provided for families nationwide, and there are no fees or expenses unless a settlement or recovery is obtained. [_pageComponents_4_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_4_image] => [_pageComponents_4_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_4_link] => Array ( [title] => REVIEW A CASE [url] => /contact/?inquiry=gardasil [target] => ) [_pageComponents_4_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_4_gform_id] => [_pageComponents_4_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_4_button_style] => standard [_pageComponents_4_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_4_show_if_not_in_target_topic] => 1 [_pageComponents_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_7_return_posts] => first [_pageComponents_7_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [_yoast_wpseo_title] => Gardasil Vaccine Lawsuit Update: About Gardasil Lawsuits [_yoast_wpseo_wordproof_timestamp] => [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [pageComponents_2_second_link_text] => [_pageComponents_2_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_2_second_link_url] => [_pageComponents_2_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [wmx-schema-json] => Array ( [0] => { "@context": "https://schema.org/", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Is there a Gardasil HPV vaccine lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Teens and young adults throughout the United States are now pursuing Gardasil lawsuits against Merck, indicating that they were left with severe pain and injuries after receiving the HPV vaccine injections, including potentially life-threatening autoimmune disorders and cancers. According to allegations raised in Gardasil vaccine lawsuits, benefits associated with the HPV vaccine are negligible and are outweighed by the serious Gardasil risks." } }, { "@type": "Question", "name": "What are the side effects Gardasil?", "acceptedAnswer": { "@type": "Answer", "text": "According to reports submitted by families nationwide, Gardasil side effects have been linked to a number of health problems, including: Autoimmune Diseases POTS (Postural Orthostatic Tachycardia Syndrome) Premature Ovarian Failure Premature Menopause Polycystic Ovary Syndrome (PCOS) Idiopathic Thrombocytopenic Purpura (ITP) Irregular Heartbeat/Tachycardia Lupus Neurologic Disorder Brain Fog or Chronic Inability to Concentrate Chronic Fatigue Chronic Pain Severe Headaches Difficulty Sleeping Fibromyalgia Nerve Damage Menstrual Disorders/Problems Gastrointestinal Issues (food intolerances, nausea, vomiting)" } }, { "@type": "Question", "name": "Does the Gardasil HPV vaccine cause autoimmune problems?", "acceptedAnswer": { "@type": "Answer", "text": "Gardasil contains a number of ingredients which are known to sometimes cause problems with the autoimmune system, including Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) and HPV LI-DNA fragments. Critics claim Merck failed to adequately disclose the presence of these ingredients, and also claim Merck used them in the placebos given to “control” test subjects during clinical trials, leading to an inaccurate assessment of Gardasil side effects. These additives have been linked to problems with cognitive and motor functions, autoimmune reactions, increased blood brain barrier permeability, and macrophagic myofascitis of the muscles. They are also believed to be able to block neuronal signaling, interrupt cell-to-cell communications, corrupt neuronal-glial interactions and interfere with synaptic transmissions, alter enzyme functions, impair protein functions and could alter DNA." } }, { "@type": "Question", "name": "Can Gardasil cause cancer?", "acceptedAnswer": { "@type": "Answer", "text": "Some studies suggest cervical cancer rates have increased instead of decreased where Gardasil has seen widespread use, indicating it may be contributing to higher cervical cancer rates instead of lowering them. Participants in the clinical trials developed cervical cancer in some cases, and certain women have reported developing sudden, aggressive, forms of cervical cancer after receiving the vaccinations. One study found that cancer rates in Britain increased 54% among young women aged 25 to 29, following introduction of Gardasil and another HPV vaccine not sold in the U.S. In addition, there has been a 16 percent increase in cervical cancer among 25- to 29-year-olds, and a 30 percent increase in 30 to 34 year-old women 13 years after Gardasil vaccinations were implemented in Australia." } }, { "@type": "Question", "name": "Is there a Gardasil class action lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "The U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered all Gardasil injury lawsuits consolidated in an MDL, centralizing the claims before U.S. District Judge Robert J. Conrad in the Western District of North Carolina." } }, { "@type": "Question", "name": "Why is there a Gardasil HPV vaccine lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Although there were serious questions about the effectiveness of the vaccine, Gardasil injections have been widely recommended for young girls and boys before adolescence and potential sexual activity to promote “herd immunity” and prevent spread of HPV infections. Gardasil lawsuits allege that Merck withheld information about the risks associated with the vaccine, failing to warn consumers and the medical community about potential side effects of the HPV vaccine." } } ] } ) [pageComponents_5_show_related_stories] => 1 [_pageComponents_5_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Gardasil Lawsuit? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Gardasil® is a vaccine for the prevention of the human papillomavirus (HPV). Despite limited evidence that it is safe or effective, the HPV vaccine has been widely given to both boys and girls between the age of 9 and 26. The Gardasil lawsuit claims that side effects of the HPV Vaccine may result in debilitating auto-immune disorders and other complications. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible for Settlement? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Gardasil settlements may be available for individuals who received the Gardasil HPV vaccine and experienced any of the following complications within six (6) months of their last vaccination:- Autoimmune Disorders
- POTS (Postural Orthostatic Tachycardia Syndrome)
- Premature Ovarian Failure
- Premature Menopause
- Idiopathic Thrombocytopenic Purpura (ITP)
- Chronic Pain, Brain Fog, Fatigue, Headaches or Nerve Damage
Gardasil Lawsuit Overview
Teens and young adults throughout the United States are now pursuing Gardasil lawsuits against Merck, indicating that they were left with severe pain and injuries after receiving the HPV vaccine injections, including potentially life-threatening autoimmune disorders and cancers. According to allegations raised in Gardasil vaccine lawsuits, benefits associated with the HPV vaccine are negligible and are outweighed by the serious Gardasil risks. Product liability lawyers provide free consultations and case evaluations to help determine whether financial compensation may be available through a Gardasil lawsuit settlement. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_2_subtitle] => [_pageComponents_2_subtitle] => field_pageComponents_pageComponents_postDefaultCta_subtitle [pageComponents_2_title] => [_pageComponents_2_title] => field_pageComponents_pageComponents_postDefaultCta_title [pageComponents_2_caption] => [_pageComponents_2_caption] => field_pageComponents_pageComponents_postDefaultCta_caption [pageComponents_2_image] => [_pageComponents_2_image] => field_pageComponents_pageComponents_postDefaultCta_image [pageComponents_2_link] => [_pageComponents_2_link] => field_pageComponents_pageComponents_postDefaultCta_link [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_2_related_stories_title] => Related Stories [_pageComponents_2_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_2_related_stories] => [_pageComponents_2_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Latest Gardasil Lawsuit Updates
April 2023 Update: The Court has indicated that 16 Gardasil lawsuits will be selected for a bellwether pool by June 1, 2023, including five selected plaintiffs, five selected by Merck, four randomly selected by the Judge and two cases included that were originally filed in the Western District of North Carolina before the HPV vaccine MDL was established. March 2023 Update: To help guide the selection of a group of representative cases that will be prepared for early trial dates in the MDL, the Court has required a Plaintiff Fact Sheet to provide information about Gardasil vaccine injury claims raised in each lawsuit. January 2023 Update: Parties involved in the litigation approved a joint Gardasil bellwether selection plan which indicates six cases would be selected for the bellwether trials by August 5, 2024. November 2022 Update: A group of Gardasil lawyers have been appointed to MDL leadership positions, taking certain actions during the consolidated pretrial proceedings that benefit all plaintiffs pursuing a lawsuit over side effects of the HPV vaccine. Over the coming months, the parties will engage in coordinated discovery into common issues in the litigation and the Court will establish a pretrial motions schedule. October 2022 Update: Judge Conrad will hold an initial status conference on October 11, to meet with Gardasil vaccine lawyers involved in the litigation and discuss the organizational structure for the recently established MDL. August 2022 Update: The U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered all Gardasil injury lawsuits consolidated in an MDL, centralizing the claims beforeU.S. District Judge Robert J. Conrad in the Western District of North Carolina. July 2022 Update: The JPML will hear oral arguments this month on whether to centralize all Gardasil lawsuits filed in the federal court system before one judge for coordinated discovery and pretrial rulings. A decision is expected in early August 2022. April 2022 Update: Given common questions of fact and law raised in a growing number of lawsuits filed nationwide, a motion ha been filed to establish a Gardasil MDL (Multidistrict Litigation), which would consolidate the cases in one court for handling similar to a Gardasil class action during pretrial proceedings. August 2020 Update: One of the first Gardasil lawsuits over autoimmune disorder side effects in the United States was filed by a Rhode Island woman, who experienced problems after receiving the injection when she was 13 years old.Problems with Gardasil
Gardasil, and its current, updated version, Gardasil-9 are approved by the FDA as vaccines for the prevention of HPV-related cervical cancer. The FDA approved the original Gardasil formulation in June 2006, and approved Gardasil-9, the version currently in use, in December 2014, for girls ages nine through 26, and boys ages nine through 15 for the prevention of cervical, vaginal, and anal cancers, as well as genital warts. HPV is the most common sexually transmitted disease in the world, infecting most sexually active people at some point in their lives. Of the 200 different strains, only about 12 to 18 are associated with an increased risk of cervical cancer. In most cases, the body’s immune system handles HPV without medical assistance. Although there were serious questions about the effectiveness of the vaccine, Gardasil injections have been widely recommended for young girls and boys before adolescence and potential sexual activity to promote "herd immunity" and prevent spread of HPV infections. Gardasil lawsuits allege that Merck withheld information about the risks associated with the vaccine, failing to warn consumers and the medical community about potential side effects of the HPV vaccine.Gardasil Autoimmune Side Effects
Gardasil contains a number of ingredients which are known to sometimes cause problems with the autoimmune system, including Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) and HPV LI-DNA fragments. Critics claim Merck failed to adequately disclose the presence of these ingredients, and also claim Merck used them in the placebos given to “control” test subjects during clinical trials, leading to an inaccurate assessment of Gardasil side effects. These additives have been linked to problems with cognitive and motor functions, autoimmune reactions, increased blood brain barrier permeability, and macrophagic myofascitis of the muscles. They are also believed to be able to block neuronal signaling, interrupt cell-to-cell communications, corrupt neuronal-glial interactions and interfere with synaptic transmissions, alter enzyme functions, impair protein functions and could alter DNA. Multiple medical journals have published studies suggesting a strong link between the Gardasil vaccine and POTS, which is an acronym for “Postural Orthostatic Tachycardia Syndrome”. The condition is most known for its disruption of the autonomic nervous system’s regulation of many vital bodily functions including heart rate, blood pressure and body temperature. According to reports submitted by families nationwide, Gardasil side effects have been linked to a number of health problems, including:- Autoimmune Diseases
- POTS (Postural Orthostatic Tachycardia Syndrome)
- Premature Ovarian Failure
- Premature Menopause
- Polycystic Ovary Syndrome (PCOS)
- Idiopathic Thrombocytopenic Purpura (ITP)
- Irregular Heartbeat/Tachycardia
- Lupus
- Neurologic Disorder
- Brain Fog or Chronic Inability to Concentrate
- Chronic Fatigue
- Chronic Pain
- Severe Headaches
- Difficulty Sleeping
- Fibromyalgia
- Nerve Damage
- Menstrual Disorders/Problems
- Gastrointestinal Issues (food intolerances, nausea, vomiting)
Gardasil Cancer Risks
Some studies suggest cervical cancer rates have increased instead of decreased where Gardasil has seen widespread use, indicating it may be contributing to higher cervical cancer rates instead of lowering them. Participants in the clinical trials developed cervical cancer in some cases, and certain women have reported developing sudden, aggressive, forms of cervical cancer after receiving the vaccinations. One study found that cancer rates in Britain increased 54% among young women aged 25 to 29, following introduction of Gardasil and another HPV vaccine not sold in the U.S. In addition, there has been a 16 percent increase in cervical cancer among 25- to 29-year-olds, and a 30 percent increase in 30 to 34 year-old women 13 years after Gardasil vaccinations were implemented in Australia.Gardasil Vaccine Lawsuit Examples
Merrick Brunker Lawsuit: Filed in California state court in February 2022, Brunker alleged that problems from the Gardasil HPV vaccine surfaced within minutes of receiving the injection, causing symptoms of dizziness and fatigue. Within days, the side effects expanded to include extreme headaches, numbness and other severe symptoms that required a lumbar puncture to drain fluid buildup. Ashley Muller Lawsuit: Filed in the U.S. District Court for the Northern District of Florida in October 2021, Muller alleged that Gardasil injections caused POTS (Postural Orthostatic Tachycardia Syndrome), which left her with permanent pain and health problems. After receiving three Gardasil injections starting at age 19, Muller experienced symptoms of fatigue, headache, joint pain, dizziness and brain fog. As her condition worsened, she was diagnosed with various medical conditions, including POTS, irritable bowel syndrome (IBS), TMF, gallbladder failure and other injuries. Korrine Herlth Lawsuit: Filed in the U.S. District Court for the District of Connecticut in March 2021, Herlth filed the Gardasil vaccine lawsuit over autoimmune problems that began to emerge after she received the injection as a teenager. The complaint points to a lack of evidence that the HPV vaccine even works as advertised, and indicates that it may be more likely to cause cancer in those previously exposed to HPV than prevent it. Zacharia Otto Lawsuit: Filed in California state court in September 2020, Otto alleged that he experienced Gardasil complications as a teen boy, and was ultimately diagnosed with postural orthostatic tachycardia syndrome (POTS), fibromyalgia, osteoporosis, mast cell activation syndrome, autonomic neuropathy, small fiber neuropathy and chronic fatigue syndrome, leaving the young man with disabilities that require a cane for short distances or wheelchair for longer distances.Gardasil HPV Vaccine Settlement Updates
Since all claims were consolidated in a federal multidistrict litigation (MDL), there has been no global Gardasil settlement reached and there have been no Gardasil lawsuit payouts awarded by juries. However, the U.S. District Judge presiding over the litigation has established a program where a small group of representative claims will be prepared for early trial dates to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout all Gardasil lawsuits. According to a case management order (PDF) issued in March 2023, a group of 16 cases will go through case-specific discovery before the parties narrow the pool to a six trial cases. Written discovery in the cases will be completed by December 14, 2023, and all fact discovery will be completed by February 15, 2024. The parties will then argue a series of pretrial motions, with any "Daubert" challenges to the admissibility of expert witness testimony due in September 2024. It is then expected that the Court will schedule a series of Gardasil trial dates in late 2024 or 2025. While the outcome of these early trial dates will not be binding on other claims, they are likely to have a big impact on the average amount of Gardasil settlements that may be offered to individuals who experienced problems from the HPV vaccine.Gardasil Lawyers Reviewing Cases Nationwide
Lawyers are continuing to provide free consultations and claim evaluations to help families and young adults determine whether they may be eligible for financial compensation as a result of Merck’s failure to thoroughly research and test Gardasil before putting it on the market, or adequately warn recipients about the risk associated with the vaccine. If warnings and information about the risk of Gardasil side effects had been provided, many parents may have decided against getting the vaccines, and injuries and deaths may have been avoided. Gardasil lawsuit settlements may help provide the benefits and financial compensation that individuals living with these debilitating complications need. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_0_site_bullets_0_bullet] => All lawsuits filed over side effects of Gardasil HPV vaccines are consolidated before one judge for coordinated discovery and pretrial proceedings [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => First Gardasil trial dates are expected to begin in August 2024, to help gauge how juries may respond to evidence that will be repeated throughout the litigation [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => Lawyers are continuing to review new Gardasil lawsuits for individuals nationwide [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => CONTACT A GARDASIL LAWYER TO MAKE A CLAIM [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [_yoast_wpseo_primary_topics] => 5283 [_yoast_wpseo_primary_lawsuits] => 25 [pageComponents_4_title] => Gardasil Vaccine Lawyers [_pageComponents_4_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_4_caption] => Free consultations and claim evaluations are provided for families nationwide, and there are no fees or expenses unless a settlement or recovery is obtained. [_pageComponents_4_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_4_image] => [_pageComponents_4_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_4_link] => Array ( [title] => REVIEW A CASE [url] => /contact/?inquiry=gardasil [target] => ) [_pageComponents_4_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_4_gform_id] => [_pageComponents_4_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_4_button_style] => standard [_pageComponents_4_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_4_show_if_not_in_target_topic] => 1 [_pageComponents_4_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_7_return_posts] => first [_pageComponents_7_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [_yoast_wpseo_title] => Gardasil Vaccine Lawsuit Update: About Gardasil Lawsuits [_yoast_wpseo_wordproof_timestamp] => [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [pageComponents_2_second_link_text] => [_pageComponents_2_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_2_second_link_url] => [_pageComponents_2_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [wmx-schema-json] => Array ( [0] => { "@context": "https://schema.org/", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Is there a Gardasil HPV vaccine lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Yes. Teens and young adults throughout the United States are now pursuing Gardasil lawsuits against Merck, indicating that they were left with severe pain and injuries after receiving the HPV vaccine injections, including potentially life-threatening autoimmune disorders and cancers. According to allegations raised in Gardasil vaccine lawsuits, benefits associated with the HPV vaccine are negligible and are outweighed by the serious Gardasil risks." } }, { "@type": "Question", "name": "What are the side effects Gardasil?", "acceptedAnswer": { "@type": "Answer", "text": "According to reports submitted by families nationwide, Gardasil side effects have been linked to a number of health problems, including: Autoimmune Diseases POTS (Postural Orthostatic Tachycardia Syndrome) Premature Ovarian Failure Premature Menopause Polycystic Ovary Syndrome (PCOS) Idiopathic Thrombocytopenic Purpura (ITP) Irregular Heartbeat/Tachycardia Lupus Neurologic Disorder Brain Fog or Chronic Inability to Concentrate Chronic Fatigue Chronic Pain Severe Headaches Difficulty Sleeping Fibromyalgia Nerve Damage Menstrual Disorders/Problems Gastrointestinal Issues (food intolerances, nausea, vomiting)" } }, { "@type": "Question", "name": "Does the Gardasil HPV vaccine cause autoimmune problems?", "acceptedAnswer": { "@type": "Answer", "text": "Gardasil contains a number of ingredients which are known to sometimes cause problems with the autoimmune system, including Amorphous Aluminum Hydroxyphosphate Sulfate (AAHS) and HPV LI-DNA fragments. Critics claim Merck failed to adequately disclose the presence of these ingredients, and also claim Merck used them in the placebos given to “control” test subjects during clinical trials, leading to an inaccurate assessment of Gardasil side effects. These additives have been linked to problems with cognitive and motor functions, autoimmune reactions, increased blood brain barrier permeability, and macrophagic myofascitis of the muscles. They are also believed to be able to block neuronal signaling, interrupt cell-to-cell communications, corrupt neuronal-glial interactions and interfere with synaptic transmissions, alter enzyme functions, impair protein functions and could alter DNA." } }, { "@type": "Question", "name": "Can Gardasil cause cancer?", "acceptedAnswer": { "@type": "Answer", "text": "Some studies suggest cervical cancer rates have increased instead of decreased where Gardasil has seen widespread use, indicating it may be contributing to higher cervical cancer rates instead of lowering them. Participants in the clinical trials developed cervical cancer in some cases, and certain women have reported developing sudden, aggressive, forms of cervical cancer after receiving the vaccinations. One study found that cancer rates in Britain increased 54% among young women aged 25 to 29, following introduction of Gardasil and another HPV vaccine not sold in the U.S. In addition, there has been a 16 percent increase in cervical cancer among 25- to 29-year-olds, and a 30 percent increase in 30 to 34 year-old women 13 years after Gardasil vaccinations were implemented in Australia." } }, { "@type": "Question", "name": "Is there a Gardasil class action lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "The U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered all Gardasil injury lawsuits consolidated in an MDL, centralizing the claims before U.S. District Judge Robert J. Conrad in the Western District of North Carolina." } }, { "@type": "Question", "name": "Why is there a Gardasil HPV vaccine lawsuit?", "acceptedAnswer": { "@type": "Answer", "text": "Although there were serious questions about the effectiveness of the vaccine, Gardasil injections have been widely recommended for young girls and boys before adolescence and potential sexual activity to promote “herd immunity” and prevent spread of HPV infections. Gardasil lawsuits allege that Merck withheld information about the risks associated with the vaccine, failing to warn consumers and the medical community about potential side effects of the HPV vaccine." } } ] } ) [pageComponents_5_show_related_stories] => 1 [_pageComponents_5_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Gardasil Lawsuit? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Gardasil® is a vaccine for the prevention of the human papillomavirus (HPV). Despite limited evidence that it is safe or effective, the HPV vaccine has been widely given to both boys and girls between the age of 9 and 26. The Gardasil lawsuit claims that side effects of the HPV Vaccine may result in debilitating auto-immune disorders and other complications. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible for Settlement? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Gardasil settlements may be available for individuals who received the Gardasil HPV vaccine and experienced any of the following complications within six (6) months of their last vaccination:- Autoimmune Disorders
- POTS (Postural Orthostatic Tachycardia Syndrome)
- Premature Ovarian Failure
- Premature Menopause
- Idiopathic Thrombocytopenic Purpura (ITP)
- Chronic Pain, Brain Fog, Fatigue, Headaches or Nerve Damage
STATUS OF PARAQUAT LAWSUITS
Thousands of claims have been brought through the federal court system, each involving similar allegations that the manufacturers failed to warn about the Paraquat Pakinson's risks. The litigation has been centralized as part of a Paraquat MDL in the U.S. District Court for the Southern District of Illinois since June 2021, where U.S. District Judge Nancy J. Rosenstengel has been presiding over coordinated discovery and pretrial proceedings. 2023 Paraquat Lawsuit Update: The first Paraquat jury trial is currently scheduled to begin on October 16, 2023. However, the court will hold Daubert hearings in August 2023, to evaluate the strength of expert witness testimony about the link between Paraquat and Parkinson's disease, to determine which experts will be permitted to testify. 2022 Paraquat Lawsuit Update: As Paraquat claims continue to mount, in September 2022 the EPA asked a federal court if it could reconsider its approval of Paraquat after a lawsuit challenged the Agency’s assessment of the Parkinson’s disease risk from Paraquat As the lawsuits continue to move forward, free consultations and case evaluations are still being provided by Paraquat lawyers to determine if financial compensation may be available for Parkinson’s disease diagnosed following exposure to the herbicide. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_contentHtml] => MANUFACTURERS: Chevron Chemical Company, Syngenta and other companies have sold a variety of paraquat-based herbicides, including:- Gramoxone
- Paraquat Concentrate
- Blanco
- Cyclone SL 2.0
- Other Paraquat-based Herbicides
- Parkinson’s Disease
- Heart Failure
- Kidney Failure
- Liver Failure
- Lung Scarring
- Farmers and Farm Workers
- Herbicide Applicators
- Tank Filers and Transporters
- Gardeners, Groundskeepers and Municipal Workers
- Families Living Around Farming Communities
>>SUBMIT INFO ABOUT A PARAQUAT PARKINSON'S CASE<<
MANUFACTURERS: Chevron Chemical Company, Syngenta and other companies have sold a variety of paraquat-based herbicides, including:- Gramoxone
- Paraquat Concentrate
- Blanco
- Cyclone SL 2.0
- Other Paraquat-based Herbicides
- Parkinson’s Disease
- Heart Failure
- Kidney Failure
- Liver Failure
- Lung Scarring
- Farmers and Farm Workers
- Herbicide Applicators
- Tank Filers and Transporters
- Gardeners, Groundskeepers and Municipal Workers
- Families Living Around Farming Communities
STATUS OF PARAQUAT LAWSUITS
Thousands of claims have been brought through the federal court system, each involving similar allegations that the manufacturers failed to warn about the Paraquat Pakinson's risks. The litigation has been centralized as part of a Paraquat MDL in the U.S. District Court for the Southern District of Illinois since June 2021, where U.S. District Judge Nancy J. Rosenstengel has been presiding over coordinated discovery and pretrial proceedings. 2023 Paraquat Lawsuit Update: The first Paraquat jury trial is currently scheduled to begin on October 16, 2023. However, the court will hold Daubert hearings in August 2023, to evaluate the strength of expert witness testimony about the link between Paraquat and Parkinson's disease, to determine which experts will be permitted to testify. 2022 Paraquat Lawsuit Update: As Paraquat claims continue to mount, in September 2022 the EPA asked a federal court if it could reconsider its approval of Paraquat after a lawsuit challenged the Agency’s assessment of the Parkinson’s disease risk from Paraquat As the lawsuits continue to move forward, free consultations and case evaluations are still being provided by Paraquat lawyers to determine if financial compensation may be available for Parkinson’s disease diagnosed following exposure to the herbicide. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_contentHtml] => MANUFACTURERS: Chevron Chemical Company, Syngenta and other companies have sold a variety of paraquat-based herbicides, including:- Gramoxone
- Paraquat Concentrate
- Blanco
- Cyclone SL 2.0
- Other Paraquat-based Herbicides
- Parkinson’s Disease
- Heart Failure
- Kidney Failure
- Liver Failure
- Lung Scarring
- Farmers and Farm Workers
- Herbicide Applicators
- Tank Filers and Transporters
- Gardeners, Groundskeepers and Municipal Workers
- Families Living Around Farming Communities
Bard PowerPort Lawsuit Overview
The FDA approved the Bard PowerPort in 2000, as a port cath device that is implanted under the skin to provide long-term and easy access to attach a catheter for the delivery of medication, intravenous fluids, parenteral nutrition solutions, and blood products. Design problems with the Bard PowerPort have been linked to reports of serious injuries and deaths, after the catheter port material cracked, causing the catheter to fracture or migrate. These complications have resulted in severe infections, blood clots, cardiac punctures and many other life threatening injuries. As a result of the apparent defective design of the implantable port, individuals are now pursuing Bard PowerPort lawsuits, claiming the manufacturer knew the catheters were prone to surface degradation that would put patients at serious risk. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Who is eligible for a Bard PowerPort lawsuit?
Financial compensation may be available through a Bard catheter lawsuit for individuals who received an implantable PowerPort and suffered any of the following complications:- Infections (sepsis or septic shock)
- Deep Vein Thrombosis (DVT)
- Hemorrhaging or Bleeding Injuries
- Cardiac/pericardial tamponade
- Cardiac arrhythmia
- Severe and persistent pain
- Perforations of tissues, vessels and organs
- Patient death
- Other injuries caused by fractured PowerPort catheter
2023 Bard Port Lawsuit Updates
May 2023 Update: Given common questions raised in a number of complaints filed throughout the federal court system, a motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML), seeking to consolidate and centralize all Bard implanted port lawsuits before one judge for discovery and pretrial proceedings.[_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Bard PowerPort Lawsuit? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Bard PowerPort is an implanted port device, placed below the skin to provide a catheter port for delivery of medications. Design defects with the Bard PowerPort may cause the catheter tube to crack, fracture or migrate resulting in serious and life-threatening injuries. A number of Bard PowerPort lawsuits have been filed by individuals who suffered infections, blood clots and other problems. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible for a Settlement Claim? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Bard PowerPort settlements may become available for individuals who received the implantable catheter port and experienced complications from a Bard PowerPort failure, including:
- Infection
- Blood Clots
- Perforations
- Catheter Fracture
- Wrongful Death
What is the Bard PowerPort device?
The Bard PowerPort ClearVue Implantable Port, is a vascular access device, which is implanted below the skin to provide a catheter port that allows easy delivery of medications to a patient’s bloodstream. It consists mainly of an injection port, where the needle is inserted to deliver medications; and a polyurethane catheter tube that carries the drug into the blood vessel. The injection port contains a raised area where the needle is inserted for faster delivery of the medication. The medications then travel through a catheter that is placed inside one of the large central veins that carry blood to the heart. Bard advertises that the PowerPort not only offers a faster and more convenient method of delivering medication or drawing blood, but that the PowerPort design can also withstand higher injection pressure. However, a growing number of individuals are now reporting serious injuries and Bard PowerPort complications that could have been avoided with an alternative catheter port.What is wrong with Bard PowerPort devices?
The PowerPort catheter tubes are made of a material that may be prone to fissuring, cracking and fracturing. The catheter tubing is made of a flexible polyurethane polymer called Chronoflex, which is a mixture of polyurethane and barium sulfate. Lawsuits indicate that problems with the Bard PowerPort stem from the use of high concentrations of barium sulfate, which is a chemical compound that is known to cause polyurethane’s mechanical integrity to break down, resulting in microfractures, degradation, fissuring and cracking. Improper mixing during the manufacturing process may result in pockets of barium sulfate and entrapped air being distributed through the catheter body and surfaces, according to complaints filed. This can result in catheter cracks, fissures and pits. Surface degradation may also increase the risk of thromboembolism or blood clots.Problems with Bard PowerPort Were Known for Years
In a number of Bard PowerPort injury lawsuits, plaintiffs maintain that the manufacturers knew or should have known about high rates of catheter fractures, migrations and infections being reported among individuals with the implanted port device shortly after their product was introduced in 2000. Lawsuits indicate that serious and fatal injuries could have been avoided if a safer alternative design had been used, or a Bard PowerPort recall had been issued. However, Bard Access Systems Inc., C.R. Bard, Inc. and Becton Dickson & Company failed to issue any warnings about the PowerPort problems for the medical community or initiate any post-marketing surveillance system to better identify reports of injury and death. Instead, the manufacturers concealed their knowledge about problems with the Bard catheters and continued to actively advertise the PowerPort as safe.Bard PowerPort Complications & Injuries
Bard catheter failures have been reported at high rates among individuals with the PowerPort. Some of the most frequently reported complications with Bard catheters include:Bard PowerPort Catheter Fracture
Given the brittle composition of the Bard PowerPort, it is possible for small pieces of the plastic flexible tubing to break away into a patient's vascular system. The dislodged or fractured catheter tubing can present a series of potential life threatening health complications including;- Blood clots
- Cardiac arrhythmia
- Cardiac Punctures
- Hematomas
- Pulmonary embolism
- Tearing of blood vessels
Bard PowerPort Catheter Migration
Bard catheter migration occurs when the flexible tube inserted into the body cavity or blood vessel moves from its original position to another unintended location in the body. This can lead to serious health consequences including;- Obstruction of blood flow
- Infection
- Organ damage
- Catheter failure
Bard PowerPort Infection
Individuals with a Bard catheter may be prone to infections due to the ability for bacteria to enter around the degraded or broken areas of the PowerPort. Bard PowerPort infections can lead to serious complications that can delay critical treatments. Common symptoms of a catheter infection include;- Fever & Chills
- Inflammation and Swelling
- Drainage or pus
- Changes in urine color or odor
- Confusion
Is there a Bard PowerPort recall?
No. The medical device manufacturer has not issued a Bard PowerPort recall over the catheter risks.Who is the Bard PowerPort lawsuit against?
The Bard PowerPort lawsuit is against the manufacturer, Becton Dickinson & Company, and its C.R. Bard and Bard Access Systems, Inc. subsidiaries.Examples of Bard PowerPort Lawsuits
Bard PowerPort Wrongful Death Lawsuit: Christopher Cabello filed a wrongful death lawsuit on behalf of his deceased wife, Elizabeth, in the Superior Court of New Jersey Bergen County on May 18, 2023, claiming her death was largely caused by a defectively designed Bard PowerPort that fractured and leaked while undergoing treatment for bladder cancer. Cabello claims the fractured Bard PowerPort required Elizabeth to undergo major emergency surgery to remove the PowerPort, which was a substantial contributing factor to her death. Bard PowerPort Infection Lawsuit: Jean Cunningham filed a Bard PowerPort infection lawsuit in U.S. District Court for the Western District of Missouri on April 24, 2023, claiming the device contained a defective design that caused it to crack while she was undergoing treatment for multiple sclerosis. Cunningham states that as a result of the Bard PowerPort fracturing, she developed an infection that has lead to permanent injuries and the need for catheter replacement surgery. Bard PowerPort Lawsuit Over Bloodstream Infection: Mary Nelk filed a catheter infection lawsuit in the U.S. District Court for the District of New Jersey on February 28, 2023, claiming the Bard PowerPort failed and caused her to develop a bloodstream infection. Nelk claims the defective design of Bard's catheters caused her multiple hospital admissions and have left her with severe and permanent injuries. Bard PowerPort Thrombosis Lawsuit: Patrice Terry filed a port-a-cath lawsuit in the U.S. District Court Western District of Missouri on February 10, 2023, claiming a fractured PowerPort device caused her to develop deep vein thrombosis (DVT) in the jugular vein. Terry states that she was required to undergo major surgery as she was receiving chemotherapy through the PowerPort device to treat her colon cancer.Have a Bard PowerPort Lawyer Review Your Case
If you or a loved one were injured by an implantable catheter port, submit information about your potential claim for review by a product liability lawyer to determine whether a Bard PowerPort settlement or lawsuit payout may be available. Bard PowerPort injury lawyers provide free claim evaluations and consultations. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_8_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_9_title] => Free Case Evaluation [_pageComponents_9_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_9_caption] => If you or a loved one experienced an injury from a Bard PowerPort device, submit information for review by a lawyer to determine if you may be eligible for a Bard PowerPort settlement. [_pageComponents_9_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_9_image] => 37365 [_pageComponents_9_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_9_link] => Array ( [title] => FIND OUT IF YOU QUALIFY [url] => /contact/?inquiry=bardpowerport&action=hub-bottom-cta [target] => ) [_pageComponents_9_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_9_gform_id] => [_pageComponents_9_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_9_button_style] => standard [_pageComponents_9_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_9_show_if_not_in_target_topic] => 1 [_pageComponents_9_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_10_show_related_stories] => 1 [_pageComponents_10_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_2_table_of_content_headings_8_heading] => Have a Bard PowerPort Lawyer Review Your Case [_pageComponents_2_table_of_content_headings_8_heading] => field_pageComponents_pageComponents_blockTableContent_table_of_content_headings_heading [pageComponents_2_table_of_content_headings_8_anchor] => case-review [_pageComponents_2_table_of_content_headings_8_anchor] => field_pageComponents_pageComponents_blockTableContent_table_of_content_headings_anchor ) [___content:protected] => [_permalink:protected] => [_next:protected] => Array ( ) [_prev:protected] => Array ( ) [_css_class:protected] => [id] => 51489 [ID] => 51489 [post_author] => 5 [post_content] => [sevenTenTheContent id="51489"] [post_date] => 2023-06-01 15:36:28 [post_excerpt] => [post_parent] => 0 [post_status] => publish [post_title] => Bard PowerPort Lawsuit [post_type] => page [slug] => bard-powerport-lawsuit [__type:protected] => [_edit_lock] => 1685648427:4 [_edit_last] => 4 [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => blockTableContent [3] => blockWysiwyg [4] => postDefaultCta [5] => blockWysiwyg [6] => blockWysiwyg [7] => postContactCta [8] => blockWysiwyg [9] => postContactCta [10] => postTags [11] => postComments ) [_pageComponents] => field_pageComponents_pageComponents [sidebar_excerpt] => Serious and life-threatening injuries have been linked to problems with Bard PowerPort. Lawsuits are now being pursued by individuals who suffered injuries from the implantable port catheter fracturing or migrating. [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [wmx-schema-json] => Array ( ) [_yoast_wpseo_primary_news] => [_yoast_wpseo_primary_topics] => 5538 [_yoast_wpseo_primary_lawsuits] => 23 [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_caption] => Serious and life-threatening injuries have been linked to problems with Bard PowerPort. Lawsuits are now being pursued by individuals who suffered injuries from the implantable port catheter fracturing or migrating. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_1_contentHtml] =>Bard PowerPort Lawsuit Overview
The FDA approved the Bard PowerPort in 2000, as a port cath device that is implanted under the skin to provide long-term and easy access to attach a catheter for the delivery of medication, intravenous fluids, parenteral nutrition solutions, and blood products. Design problems with the Bard PowerPort have been linked to reports of serious injuries and deaths, after the catheter port material cracked, causing the catheter to fracture or migrate. These complications have resulted in severe infections, blood clots, cardiac punctures and many other life threatening injuries. As a result of the apparent defective design of the implantable port, individuals are now pursuing Bard PowerPort lawsuits, claiming the manufacturer knew the catheters were prone to surface degradation that would put patients at serious risk. [_pageComponents_1_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_contentHtml] =>Who is eligible for a Bard PowerPort lawsuit?
Financial compensation may be available through a Bard catheter lawsuit for individuals who received an implantable PowerPort and suffered any of the following complications:- Infections (sepsis or septic shock)
- Deep Vein Thrombosis (DVT)
- Hemorrhaging or Bleeding Injuries
- Cardiac/pericardial tamponade
- Cardiac arrhythmia
- Severe and persistent pain
- Perforations of tissues, vessels and organs
- Patient death
- Other injuries caused by fractured PowerPort catheter
2023 Bard Port Lawsuit Updates
May 2023 Update: Given common questions raised in a number of complaints filed throughout the federal court system, a motion was filed with the U.S. Judicial Panel on Multidistrict Litigation (JPML), seeking to consolidate and centralize all Bard implanted port lawsuits before one judge for discovery and pretrial proceedings.[_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_0_subheadline] => Updates and Settlement Information [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Being Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the Bard PowerPort Lawsuit? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Bard PowerPort is an implanted port device, placed below the skin to provide a catheter port for delivery of medications. Design defects with the Bard PowerPort may cause the catheter tube to crack, fracture or migrate resulting in serious and life-threatening injuries. A number of Bard PowerPort lawsuits have been filed by individuals who suffered infections, blood clots and other problems. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible for a Settlement Claim? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => Bard PowerPort settlements may become available for individuals who received the implantable catheter port and experienced complications from a Bard PowerPort failure, including:
- Infection
- Blood Clots
- Perforations
- Catheter Fracture
- Wrongful Death
What is the Bard PowerPort device?
The Bard PowerPort ClearVue Implantable Port, is a vascular access device, which is implanted below the skin to provide a catheter port that allows easy delivery of medications to a patient’s bloodstream. It consists mainly of an injection port, where the needle is inserted to deliver medications; and a polyurethane catheter tube that carries the drug into the blood vessel. The injection port contains a raised area where the needle is inserted for faster delivery of the medication. The medications then travel through a catheter that is placed inside one of the large central veins that carry blood to the heart. Bard advertises that the PowerPort not only offers a faster and more convenient method of delivering medication or drawing blood, but that the PowerPort design can also withstand higher injection pressure. However, a growing number of individuals are now reporting serious injuries and Bard PowerPort complications that could have been avoided with an alternative catheter port.What is wrong with Bard PowerPort devices?
The PowerPort catheter tubes are made of a material that may be prone to fissuring, cracking and fracturing. The catheter tubing is made of a flexible polyurethane polymer called Chronoflex, which is a mixture of polyurethane and barium sulfate. Lawsuits indicate that problems with the Bard PowerPort stem from the use of high concentrations of barium sulfate, which is a chemical compound that is known to cause polyurethane’s mechanical integrity to break down, resulting in microfractures, degradation, fissuring and cracking. Improper mixing during the manufacturing process may result in pockets of barium sulfate and entrapped air being distributed through the catheter body and surfaces, according to complaints filed. This can result in catheter cracks, fissures and pits. Surface degradation may also increase the risk of thromboembolism or blood clots.Problems with Bard PowerPort Were Known for Years
In a number of Bard PowerPort injury lawsuits, plaintiffs maintain that the manufacturers knew or should have known about high rates of catheter fractures, migrations and infections being reported among individuals with the implanted port device shortly after their product was introduced in 2000. Lawsuits indicate that serious and fatal injuries could have been avoided if a safer alternative design had been used, or a Bard PowerPort recall had been issued. However, Bard Access Systems Inc., C.R. Bard, Inc. and Becton Dickson & Company failed to issue any warnings about the PowerPort problems for the medical community or initiate any post-marketing surveillance system to better identify reports of injury and death. Instead, the manufacturers concealed their knowledge about problems with the Bard catheters and continued to actively advertise the PowerPort as safe.Bard PowerPort Complications & Injuries
Bard catheter failures have been reported at high rates among individuals with the PowerPort. Some of the most frequently reported complications with Bard catheters include:Bard PowerPort Catheter Fracture
Given the brittle composition of the Bard PowerPort, it is possible for small pieces of the plastic flexible tubing to break away into a patient's vascular system. The dislodged or fractured catheter tubing can present a series of potential life threatening health complications including;- Blood clots
- Cardiac arrhythmia
- Cardiac Punctures
- Hematomas
- Pulmonary embolism
- Tearing of blood vessels
Bard PowerPort Catheter Migration
Bard catheter migration occurs when the flexible tube inserted into the body cavity or blood vessel moves from its original position to another unintended location in the body. This can lead to serious health consequences including;- Obstruction of blood flow
- Infection
- Organ damage
- Catheter failure
Bard PowerPort Infection
Individuals with a Bard catheter may be prone to infections due to the ability for bacteria to enter around the degraded or broken areas of the PowerPort. Bard PowerPort infections can lead to serious complications that can delay critical treatments. Common symptoms of a catheter infection include;- Fever & Chills
- Inflammation and Swelling
- Drainage or pus
- Changes in urine color or odor
- Confusion
Is there a Bard PowerPort recall?
No. The medical device manufacturer has not issued a Bard PowerPort recall over the catheter risks.Who is the Bard PowerPort lawsuit against?
The Bard PowerPort lawsuit is against the manufacturer, Becton Dickinson & Company, and its C.R. Bard and Bard Access Systems, Inc. subsidiaries.Examples of Bard PowerPort Lawsuits
Bard PowerPort Wrongful Death Lawsuit: Christopher Cabello filed a wrongful death lawsuit on behalf of his deceased wife, Elizabeth, in the Superior Court of New Jersey Bergen County on May 18, 2023, claiming her death was largely caused by a defectively designed Bard PowerPort that fractured and leaked while undergoing treatment for bladder cancer. Cabello claims the fractured Bard PowerPort required Elizabeth to undergo major emergency surgery to remove the PowerPort, which was a substantial contributing factor to her death. Bard PowerPort Infection Lawsuit: Jean Cunningham filed a Bard PowerPort infection lawsuit in U.S. District Court for the Western District of Missouri on April 24, 2023, claiming the device contained a defective design that caused it to crack while she was undergoing treatment for multiple sclerosis. Cunningham states that as a result of the Bard PowerPort fracturing, she developed an infection that has lead to permanent injuries and the need for catheter replacement surgery. Bard PowerPort Lawsuit Over Bloodstream Infection: Mary Nelk filed a catheter infection lawsuit in the U.S. District Court for the District of New Jersey on February 28, 2023, claiming the Bard PowerPort failed and caused her to develop a bloodstream infection. Nelk claims the defective design of Bard's catheters caused her multiple hospital admissions and have left her with severe and permanent injuries. Bard PowerPort Thrombosis Lawsuit: Patrice Terry filed a port-a-cath lawsuit in the U.S. District Court Western District of Missouri on February 10, 2023, claiming a fractured PowerPort device caused her to develop deep vein thrombosis (DVT) in the jugular vein. Terry states that she was required to undergo major surgery as she was receiving chemotherapy through the PowerPort device to treat her colon cancer.Have a Bard PowerPort Lawyer Review Your Case
If you or a loved one were injured by an implantable catheter port, submit information about your potential claim for review by a product liability lawyer to determine whether a Bard PowerPort settlement or lawsuit payout may be available. Bard PowerPort injury lawyers provide free claim evaluations and consultations. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_8_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_9_title] => Free Case Evaluation [_pageComponents_9_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_9_caption] => If you or a loved one experienced an injury from a Bard PowerPort device, submit information for review by a lawyer to determine if you may be eligible for a Bard PowerPort settlement. [_pageComponents_9_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_9_image] => 37365 [_pageComponents_9_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_9_link] => Array ( [title] => FIND OUT IF YOU QUALIFY [url] => /contact/?inquiry=bardpowerport&action=hub-bottom-cta [target] => ) [_pageComponents_9_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_9_gform_id] => [_pageComponents_9_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_9_button_style] => standard [_pageComponents_9_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_9_show_if_not_in_target_topic] => 1 [_pageComponents_9_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_10_show_related_stories] => 1 [_pageComponents_10_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [pageComponents_2_table_of_content_headings_8_heading] => Have a Bard PowerPort Lawyer Review Your Case [_pageComponents_2_table_of_content_headings_8_heading] => field_pageComponents_pageComponents_blockTableContent_table_of_content_headings_heading [pageComponents_2_table_of_content_headings_8_anchor] => case-review [_pageComponents_2_table_of_content_headings_8_anchor] => field_pageComponents_pageComponents_blockTableContent_table_of_content_headings_anchor [post_date_gmt] => 2023-06-01 19:36:28 [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => bard-powerport-lawsuit [to_ping] => [pinged] => [post_modified] => 2023-06-01 15:40:26 [post_modified_gmt] => 2023-06-01 19:40:26 [post_content_filtered] => [guid] => https://www.aboutlawsuits.com/?page_id=51489 [menu_order] => 8 [post_mime_type] => [comment_count] => 1 [filter] => raw [status] => publish ) [9] => Timber\Post Object ( [ImageClass] => Timber\Image [PostClass] => Timber\Post [TermClass] => Timber\Term [object_type] => post [custom] => Array ( [_wp_page_template] => default [pageComponents_1_contentHtml] =>3M Earplug Lawsuit Overview
Millions of 3M Combat Arms Earplugs, Version 2 (CAEv2) have been sold to the U.S. Government, which were standard military issue equipment for all service members between 2003 and 2015. These military earplugs are “dual-ended” or “reversible”, featuring one end that is olive/dark green/brown and acts like a traditional earplug, blocking all sound. The other end is yellow and provides “non-linear” or “selective attenuation”, which is intended to block loud impulse sounds of battlefield explosions or artillery fire, while allowing the user to hear quiet noises, such as spoken commands or enemy combatants. According to allegations raised in 3M earplug lawsuits filed by former service members, the manufacturer knew for years that it was selling defective military earplugs that were too short to properly fit the ear canal. This decision to place profits before the health and safety of users has left military service members with permanent hearing loss and tinnitus.Who is Eligible for a 3M Earplugs Lawsuit Payout?
Financial compensation may be available through a 3M earplug lawsuit payout or settlement for individuals who meet the following criteria;- Served in the Military Between 2003 and 2015 and were Issued Dual-End or Reversible Combat Arms Earplugs (CAEv2),
- AND Diagnosed with Hearing Loss or Tinnitus (Ringing in Ear)
Common Symptoms of 3M Earplug Injuries
Nearly three million U.S. veterans currently receive benefits for hearing loss or tinnitus (ringing in the ears). Symptoms may include:- Listening to television and radio at high volumes
- Trouble understanding speech, particularly in noisy environments
- Often asking people to repeat themselves
- Needing a hearing aid
Will a Military Earplug Settlement Impact My VA Benefits?
No. Receiving a 3M earplug lawsuit payout will not impact VA disability benefits you are receiving, which are based on injury to the veteran and not income or financial need. If you are receiving VA benefits for hearing loss, payments will continue. If a large military earplug settlement or lawsuit payout is received, it may impact certain needs-based or income-based VA benefits and there may be lien obligations. However, you will still be eligible for VA coverage in the future. The 3M military earplug lawsuits are being pursued against the manufacturer only, not the U.S. Government or any branch of service. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => postContactCta [3] => blockWysiwyg [4] => postCustomCta [5] => blockWysiwyg [6] => postDefaultCta [7] => blockWysiwyg [8] => postContactCta [9] => blockWysiwyg [10] => postContactCta [11] => postTags [12] => postComments [13] => postMoreTopStories ) [_pageComponents] => field_pageComponents_pageComponents [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [sidebar_excerpt] => Military service members between 2003 and 2015 may be eligible for a 3M earplug lawsuit payout over hearing damage or tinnitus. Find out if you may be eligible for a hearing loss settlement. [_thumbnail_id] => 170 [_edit_lock] => 1685649251:4 [_edit_last] => 4 [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Military service members between 2003 and 2015 may be eligible for a 3M earplug lawsuit payout over hearing damage or tinnitus. Learn more about verdicts, settlements and the latest 3m earplug lawsuit updates here. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => 4 [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_0_site_bullets_0_bullet] => 3M Combat Arm Earplugs, Version 2 (CAEv2) were standard issue for all military service members between 2003 and 2015 [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => Design defects with the reversible 3M earplugs exposed users to a risk of permanent hearing damage and tinnitus [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => More than 250,000 veterans have filed a 3M earplug lawsuit and juries have awarded millions in damages in early trials [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => Lawyers are still accepting new cases to pursue 3M earplug settlements [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_2_title] => FREE CASE EVALUATION: [_pageComponents_2_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_2_caption] => Do You Qualify for a 3M Hearing Loss Settlement? [_pageComponents_2_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_2_image] => 11581 [_pageComponents_2_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_2_link] => Array ( [title] => CONTACT A 3M EARPLUGS LAWYER [url] => /contact/?inquiry=CAE [target] => ) [_pageComponents_2_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_2_button_style] => standard [_pageComponents_2_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_2_show_if_not_in_target_topic] => 1 [_pageComponents_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [_oembed_6ab707869f86d0cb6b3187a574df80b4] => {{unknown}} [_oembed_d744703b420a4ac2a467d1ed2f563bdd] => {{unknown}} [pageComponents_4_bg_color] => bg-color-light [_pageComponents_4_bg_color] => field_pageComponents_pageComponents_postCustomCta_bg_color [pageComponents_4_image] => 170 [_pageComponents_4_image] => field_pageComponents_pageComponents_postCustomCta_image [pageComponents_4_subtitle] => INFORMATION ABOUT 3M EARPLUG LAWSUITS ON THIS PAGE [_pageComponents_4_subtitle] => field_pageComponents_pageComponents_postCustomCta_subtitle [pageComponents_4_title] => [_pageComponents_4_title] => field_pageComponents_pageComponents_postCustomCta_title [pageComponents_4_content] =>- Latest 3M Military Earplug Lawsuit Updates
- 3M Earplug Settlement With DOJ
- Is there a 3M Earplug Class Action Lawsuit?
- 3M Earplug Lawsuit Payout Amounts Awarded by Juries
- How Long Will It Take To Get a 3M Lawsuit Settlement?
- Examples of 3M Earplug Lawsuits
- Have a 3M Earplug Lawyer Review Your Case
- 3M Earplug Lawsuit Community Comments
Latest 3M Earplugs Lawsuit Updates in 2023
June 2023 Update: Judge Rodgers has identified a group of 31 earplug lawsuits that will "soon" be remanded back to U.S. District Courts nationwide for individual trial date, once the litigation stay is lifted. May 2023 Update: The U.S. Court of Appeals for the 11th Circuit heard oral arguments on May 1, regarding a challenge to early jury verdicts totaling $8.2 million awarded to four veterans. A day later, Judge Rodgers ordered that settlement talks between 3M and earplug hearing loss plaintiffs resume, indicating that both sides face "far more uncertainty than ever existed before", warranting renewed exploration of whether a settlement can be reached. January 2023 Update: After 3M earplug lawsuit settlement negotiations reached an "impasse", Judge Rodgers terminated further court-ordered mediation efforts as the MDL, bankruptcy and various appeals proceed, which are likely to take several years to run their course. December 2022 Update: After plaintiffs filed for a summary judgment, Judge Rodgers sanctioned 3M for an effort to claim it did not bear liability for 3M earplug injuries, barring the legal defense and declaring 3M Company had acted in "bad faith" after being hit with $300 million in earplug lawsuit jury verdicts during the bellwether trials. November 2022 Update: Judge Rodgers has put in place a stay on the 3M earplug litigation, while ordering the parties to continue hearing loss settlement negotiations during any interlocutory appeal regarding 3M Company's independent liability for defective Combat Arms earplugs developed by it's now-bankrupt subsidiary. A group of veterans whose trials were set to be held in the first wave of cases remanded back to federal courts have filed a motion to have the 3M earplug lawsuit stay lifted. [showmore more="Show More 3M Earplug Lawsuit Updates" less="Show Less 3M Earplug Lawsuit Updates"]October 2022 Update: Parties are continuing with 3M earplug lawsuit settlement discussions in the MDL, with Mediator Ellis directed by Judge Rodgers to schedule additional negotiations in October 2022, to try to settle 3M earplug lawsuits.
September 2022 Update: The initial 3M earplug settlement talks were held on September 15 and 16, before Special Master Randi Ellis, which also included representatives from state court claims filed in Minnesota, where the manufacturer’s U.S. headquarters are based. Judge Rodgers has reported that the mediation was “was worthwhile and productive”, but a final agreement to settle 3M earplug lawsuits has not been reached. August 2022 Update: The U.S. Bankruptcy Court has determined that 3M must face earplug hearing loss lawsuits while it’s Aearo Technologies subsidiary moves through the bankruptcy system. The Court has rejected an attempt by 3M Company to tie up the hearing loss lawsuits with this artificial and bad faith earplug bankruptcy filing. July 2022 Update: In a controversial move, 3M has indicated that it’s wholly owned Aearo Technologies subsidiary is pursuing Chapter 11 Bankruptcy. Although 3M Company has billions in assets to cover earplug lawsuit payouts, it has issued a press release attempting to establish $1 billion hearing loss settlement fund, even though it knows that amount does not come close to providing proper compensation for veterans. The move came just one week after Judge Rodgers ordered plaintiffs and defendants to prepare the three “waves” of 500 cases each for trial in 2022 and 2023. May 2022 Update: A federal jury in Florida returned a $77.5 million verdict in the final 3M earplug bellwether trial, which included 19 separate cases going before juries over the past year. This case involved a U.S. Army veteran who received $5 million in compensatory damages, with 3M company ordered to pay an additional $72.5 million in punitive damages. Learn more about the average 3M earplug lawsuit payouts below. [/showmore] [_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_6_subtitle] => [_pageComponents_6_subtitle] => field_pageComponents_pageComponents_postDefaultCta_subtitle [pageComponents_6_title] => [_pageComponents_6_title] => field_pageComponents_pageComponents_postDefaultCta_title [pageComponents_6_caption] => [_pageComponents_6_caption] => field_pageComponents_pageComponents_postDefaultCta_caption [pageComponents_6_image] => [_pageComponents_6_image] => field_pageComponents_pageComponents_postDefaultCta_image [pageComponents_6_link] => [_pageComponents_6_link] => field_pageComponents_pageComponents_postDefaultCta_link [pageComponents_6_gform_id] => [_pageComponents_6_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_6_related_stories_title] => Related Stories [_pageComponents_6_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_6_related_stories] => [_pageComponents_6_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_7_textAlignment] => text-left [_pageComponents_7_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_7_full_width] => standard-width [_pageComponents_7_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_7_contentHtml] =>3M Earplug Settlement With DOJ Over Fraud
The 3M earplug litigation first emerged after the U.S. Department of Justice announced a $9.1 million settlement with 3M Company over the Combat Arms earplugs in July 2018, resolving claims that the manufacturer committed fraud by knowingly selling defective earplugs to the government. According to allegations raised in a complaint that led to this 3M earplug settlement with the U.S. government:- 3M Combat Arms Earplugs were defectively designed, causing them to imperceptibly loosen in users ears over time, which was not disclosed to the U.S. government or military service members;
- False and inaccurate noise reduction ratings (NRR) for the earplugs were provided by 3M Company, which employed testing methods that did not comply with required or accepted standards;
- Earplug noise reduction ratings listed on the packaging materials and instructions failed to accurately reflect the true level of hearing protection provided.
Is there a 3M Earplug Class Action Lawsuit?
Following the controversial allegations raised in the U.S. Department of Justice investigation, a number of 3M earplug class action lawsuits and individual hearing loss lawsuits were filed throughout federal courts by former and active military service members. By May 2021, more than 600 cases had been filed in U.S. District Courts nationwide, which prompted the U.S. Judicial Panel on Multidistrict Litigation to establish coordinated pretrial proceedings in the federal court system. All 3M earplug claims have been centralized before U.S. District Judge Casey Rodgers in the Northern District of Florida for common discovery and pretrial proceedings, where the litigation has been managed in a manner similar to a 3M earplug class action lawsuit. However, each claim remains an individual lawsuit, where plaintiffs must established that their hearing loss was caused by the 3M earplug. By October 14, 2022, the JPML reported that at least 320,638 former and current military service members who suffered hearing damage were pursuing damages against 3M. However, some of those claims were subsequently dismissed due a lack of medical evidence or proof of military service. More than 257,000 former military service members are still awaiting their day in court to obtain a 3M earplug lawsuit payout.3M Earplug Lawsuit Payout Amounts Awarded by Juries
Between March 2021 and May 2022, a series of early “bellwether” trials were scheduled by U.S. District Judge Casey Rodgers, to help the parties gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation. A series of 16 jury trials were held, involving 19 separate plaintiffs. 3M lawsuit payouts were awarded in 10 of the cases, with damages of nearly $300 million returned over the failure to disclose known safety defects with the earplugs Below is a guide to the 3M earplug verdicts returned so far, which have sent a strong signal about the extent of liability the manufacturer and the amount it may have to pay to settle 3M earplug lawsuits brought by service members with hearing loss and tinnitus.
In April 2021, the first Combat Arms hearing loss bellwether trial ended in a $7.1 million verdict for three veterans who suffered hearing damage due to the defective design of the earplugs. A number of trials have followed since, with $8.2 million in damages awarded to a veteran in September 2021, a $13 million verdict awarded in November 2021, and a $22 million verdict awarded in December 2021.
In late January 2022, a jury awarded the largest verdict yet, $110 million to two veterans who suffered hearing loss and tinnitus. In late March 2022, 3M lost two cases on the same day, with jury awards totaling $58 million returned. In late April 2022, another U.S. Army veteran was awarded $2.2 million for hearing loss damage linked to the earplugs. The final bellwether trial ended in a $77.5 million verdict in May 2022, resulting in a total of nine losses and six defense verdicts for 3M.
Judge Rodgers has ordered the parties to prepare several large “waves” of 3M earplug cases for remand to U.S. District Courts. However, a stay on those proceedings was issued in late 2022, while 3M Company pursues an interlocutory appeal to the Eleventh Circuit.
How Long Will It Take To Get a 3M Lawsuit Settlement?
Although juries have sent a strong message to 3M Company about the extent of liability it faces if each individual case goes to trial, former veterans left with hearing loss have not been offered individual earplug settlement amounts. After initially appearing that the parties were making progress toward resolving claims in late 2022, the court declared that settlement negotiations were at an "impasse" in early early 2023 and it is unclear how long it may take before the 3M lawsuits settle. Following early 3M earplug trials in 2021 and 2022, Judge Rodgers ordered the parties to engage in a series of 3M lawsuit settlement talks. However, rather than making a good faith attempt to settle cases, the manufacturer announced that its wholly owned Aearo Technologies subsidiary was filing for Chapter 11 Bankruptcy in July 2022. The parent company unilaterally proposed a $1 billion 3M earplug settlement fund, which would have provided unacceptably low recoveries for veterans. In August 2022, a bankruptcy judge rejected the attempt to delay the litigation and force settlement negotiations into the bankruptcy proceedings, finding that 3M must continue to face earplug lawsuits while it’s Aearo subsidiary goes through Chapter 11. In September 2022, Court ordered that the parties resume 3M earplug settlement negotiations, and at least two mediation sessions were held with Special Master Randi Ellis, which Judge Rodgers has described as “worthwhile and productive”. Following a failure to reach any agreement to settle 3M earplug lawsuits, Judge Rodgers terminated further court-ordered mediation efforts in January 2023, indicating that the MDL will resume efforts to prepare large groups of cases to be ready for remand to U.S. District Courts nationwide as soon as practical after pending appeals are resolved in late 2023 or 2024. [_pageComponents_7_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_8_title] => Share Your Story [_pageComponents_8_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_8_caption] => Read comments about hearing problems experienced by other users of 3M earplugs and share your story with the AboutLawsuits.com community. [_pageComponents_8_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_8_image] => [_pageComponents_8_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_8_link] => Array ( [title] => ADD COMMENTS [url] => #seventen-post-comments [target] => ) [_pageComponents_8_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_8_gform_id] => [_pageComponents_8_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_8_button_style] => standard [_pageComponents_8_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_8_show_if_not_in_target_topic] => 1 [_pageComponents_8_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_9_textAlignment] => text-left [_pageComponents_9_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_9_full_width] => standard-width [_pageComponents_9_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_9_contentHtml] =>3M Earplug Lawsuit Examples
As a result of the manufacturers’ failure to properly test the effectiveness and fit of Combat Arms earplugs, lawsuits have been filed to obtain financial compensation for military personnel who were left with hearing loss or tinnitus. Many of the lawsuits claim If proper testing had been conducted and adequate warnings provided about problems with the earplugs, it is unlikely they would have been standard issue to military personnel, and hundreds of thousands, potentially millions, of cases of hearing damage could have been avoided.
U.S. Army Veteran Hearing Loss & Tinnitus Lawsuit: Filed in U.S. District Court for the Middle District of Georgia in February 2019, U.S. Army veteran Ulrick T. John claims he now suffers from hearing loss, tinnitus and requires use of a hearing aid due to design defects with the 3M’s Combat Arms dual-ended earplugs.
John states he first joined the military in January 1993, and was deployed to Iraq from May 2008 to August 2009, and again from November 2010 to November 2011. The lawsuit states during his training and both deployments he was provided the 3M Dual-ended Combat Arms earplugs to protect him against loud impulse noises and explosions.
U.S. Marine Corps Veteran Suffers Tinnitus From Defective 3M Combat Arms Earplugs: Filed by Shannon Weaver in the U.S. District Court for the District of Minnesota in February 2019, Weaver claims he was issued the Dual-ended Combat Arms earplugs to protect against loud noises that included servicing the electronic systems within military helicopters and regularly working in close proximity to the loud, propeller-generated aircrafts, among other things.
Weaver states he now suffers from partial hearing loss and ringing in the ears (tinnitus) and requires hearing aids in both ears due to 3M’s failure to disclose known failures and defects.
Have a 3M Earplug Lawyer Review Your Case
It is important to obtain experienced legal representation to pursue a 3M earplug lawsuit to make sure you receive the financial compensation you deserve. A 3M earplug lawyer will help protect your legal interests, and they provide free consultations to help determine if you or a loved one may be eligible for a settlement. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_9_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_10_title] => FREE CASE EVALUATION [_pageComponents_10_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_10_caption] => Find Out If You Are Eligible for a 3M Hearing Loss Settlement [_pageComponents_10_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_10_image] => 170 [_pageComponents_10_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_10_link] => Array ( [title] => CONTACT A LAWYER [url] => /contact/?inquiry=CAE [target] => ) [_pageComponents_10_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_10_gform_id] => [_pageComponents_10_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_10_button_style] => standard [_pageComponents_10_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_10_show_if_not_in_target_topic] => 1 [_pageComponents_10_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_13_return_posts] => first [_pageComponents_13_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [_yoast_wpseo_title] => 3M Earplug Lawsuit Update and Hearing Loss Settlement Info [pageComponents_6_second_link_text] => [_pageComponents_6_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_6_second_link_url] => [_pageComponents_6_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [wmx-schema-json] => Array ( ) [pageComponents_11_show_related_stories] => 1 [_pageComponents_11_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [header_pop_single_text] => [_header_pop_single_text] => field_6410b14237765 [header_pop_single_link] => [_header_pop_single_link] => field_6410b14237766 [header_pop_single_right_slideout] => [_header_pop_single_right_slideout] => field_6410b14237767 [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_bullets_title] => 3M Earplug Lawsuit 2023 Update [_pageComponents_0_bullets_title] => field_pageComponents_pageComponents_postHead_bullets_title [_yoast_wpseo_primary_news] => [_yoast_wpseo_primary_topics] => [_yoast_wpseo_primary_lawsuits] => [_oembed_ae9dfde7aba7069da84c4d59829b3780] => {{unknown}} [pageComponents_0_subheadline] => UPDATES AND SETTLEMENT INFORMATION [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Still Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the 3M Lawsuit About? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Lawsuits allege that defective 3M earplugs were distributed to military service members between 2003 and 2015, which failed to provide adequate ear protection during deployments and training. Millions in 3M earplug hearing loss lawsuit payouts have been awarded by juries, and settlement negotiations continue in more than 200,000 claims. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible for Settlement? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => While no global 3M earplug hearing loss settlements have been reached to resolve claims, lawyers continue to investigate claims for individuals who:- Served in the military between 2003 and 2015;
- Issued Dual End or Reversible Combat Arms Earplugs (CAEv2); and
- Diagnosed with hearing loss or tinnitus (ringing in the ears)
>>SUBMIT A CLAIM FOR MILITARY HEARING LOSS<<
OVERVIEW OF EARPLUG PROBLEMS: Combat Arms Earplugs, Version 2 (CAEv2) have been issued by the U.S. Military for each deployed soldier between 2003 and late 2015. The dual-end or reversible earplugs were used during training and on the battlefield to provide ear protection during service. However, design defects may cause the earplug to imperceptibly loosen in the ear canal, rendering the earplugs useless or less effective. Aearo Technologies first developed and tested the Combat Arms Earplugs in 2000, and began selling them to the U.S. Defense Logistics Agency in late 2003, at which time they became standard issue. 3M Company acquired Aearo in 2008, and continued to sell the earplugs to the military until at least 2015. In April 2021, the first Combat Arms hearing loss bellwether trial ended in a $7.1 million verdict for three veterans who said they suffered hearing damage due to the defective design of the earplugs. COMBAT ARMS EARPLUGS SETTLEMENT: In July 2018, the U.S. Department of Justice reached a $9.1 million settlement with 3M Company over the Combat Arms earplugs, resolving claims that the manufacturer committed fraud by knowingly selling defective earplugs to the government. According to allegations raised in a 3M earplug lawsuit that led to the settlement:- CAEv2 design defects cause the earplug to imperceptibly loosen in users ears over time, which was not disclosed to the U.S. government or end users;
- 3M Company provided false and inaccurate noise reduction ratings (NRR) for the earplugs, which employed testing methods that did not comply with required or accepted standards;
- Combat Arms noise reduction ratings listed on the packaging materials and instructions failed to accurately reflect the true characteristics of the earplugs.
- Listening to television and radio at high volumes
- Trouble understanding speech, particularly in noisy environments
- Often asking people to repeat themselves
- Needing a hearing aid
3M Earplug Lawsuit Overview
Millions of 3M Combat Arms Earplugs, Version 2 (CAEv2) have been sold to the U.S. Government, which were standard military issue equipment for all service members between 2003 and 2015. These military earplugs are “dual-ended” or “reversible”, featuring one end that is olive/dark green/brown and acts like a traditional earplug, blocking all sound. The other end is yellow and provides “non-linear” or “selective attenuation”, which is intended to block loud impulse sounds of battlefield explosions or artillery fire, while allowing the user to hear quiet noises, such as spoken commands or enemy combatants. According to allegations raised in 3M earplug lawsuits filed by former service members, the manufacturer knew for years that it was selling defective military earplugs that were too short to properly fit the ear canal. This decision to place profits before the health and safety of users has left military service members with permanent hearing loss and tinnitus.Who is Eligible for a 3M Earplugs Lawsuit Payout?
Financial compensation may be available through a 3M earplug lawsuit payout or settlement for individuals who meet the following criteria;- Served in the Military Between 2003 and 2015 and were Issued Dual-End or Reversible Combat Arms Earplugs (CAEv2),
- AND Diagnosed with Hearing Loss or Tinnitus (Ringing in Ear)
Common Symptoms of 3M Earplug Injuries
Nearly three million U.S. veterans currently receive benefits for hearing loss or tinnitus (ringing in the ears). Symptoms may include:- Listening to television and radio at high volumes
- Trouble understanding speech, particularly in noisy environments
- Often asking people to repeat themselves
- Needing a hearing aid
Will a Military Earplug Settlement Impact My VA Benefits?
No. Receiving a 3M earplug lawsuit payout will not impact VA disability benefits you are receiving, which are based on injury to the veteran and not income or financial need. If you are receiving VA benefits for hearing loss, payments will continue. If a large military earplug settlement or lawsuit payout is received, it may impact certain needs-based or income-based VA benefits and there may be lien obligations. However, you will still be eligible for VA coverage in the future. The 3M military earplug lawsuits are being pursued against the manufacturer only, not the U.S. Government or any branch of service. [_pageComponents_3_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents] => Array ( [0] => postHead [1] => blockWysiwyg [2] => postContactCta [3] => blockWysiwyg [4] => postCustomCta [5] => blockWysiwyg [6] => postDefaultCta [7] => blockWysiwyg [8] => postContactCta [9] => blockWysiwyg [10] => postContactCta [11] => postTags [12] => postComments [13] => postMoreTopStories ) [_pageComponents] => field_pageComponents_pageComponents [_sidebar_excerpt] => field_pageComponents_sidebar_excerpt [sidebar_excerpt] => Military service members between 2003 and 2015 may be eligible for a 3M earplug lawsuit payout over hearing damage or tinnitus. Find out if you may be eligible for a hearing loss settlement. [_thumbnail_id] => 170 [_edit_lock] => 1685649251:4 [_edit_last] => 4 [pageComponents_0_featured_image_proportions] => two_by_one [_pageComponents_0_featured_image_proportions] => field_pageComponents_pageComponents_postHead_featured_image_proportions [pageComponents_0_featured_image_link] => [_pageComponents_0_featured_image_link] => field_pageComponents_pageComponents_postHead_featured_image_link [pageComponents_0_caption] => Military service members between 2003 and 2015 may be eligible for a 3M earplug lawsuit payout over hearing damage or tinnitus. Learn more about verdicts, settlements and the latest 3m earplug lawsuit updates here. [_pageComponents_0_caption] => field_pageComponents_pageComponents_postHead_caption [pageComponents_0_updated_date] => [_pageComponents_0_updated_date] => field_pageComponents_pageComponents_postHead_updated_date [pageComponents_0_site_bullets] => 4 [_pageComponents_0_site_bullets] => field_pageComponents_pageComponents_postHead_site_bullets [pageComponents_1_textAlignment] => text-left [_pageComponents_1_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_1_full_width] => standard-width [_pageComponents_1_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_3_textAlignment] => text-left [_pageComponents_3_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_3_full_width] => standard-width [_pageComponents_3_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [hot_topics_title] => [_hot_topics_title] => field_pageComponents_hot_topics_title [hot_topics_links] => [_hot_topics_links] => field_pageComponents_hot_topics_links [_yoast_wpseo_estimated-reading-time-minutes] => 0 [_yoast_wpseo_wordproof_timestamp] => [pageComponents_0_site_bullets_0_bullet] => 3M Combat Arm Earplugs, Version 2 (CAEv2) were standard issue for all military service members between 2003 and 2015 [_pageComponents_0_site_bullets_0_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_0_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_1_bullet] => Design defects with the reversible 3M earplugs exposed users to a risk of permanent hearing damage and tinnitus [_pageComponents_0_site_bullets_1_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_1_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_2_bullet] => More than 250,000 veterans have filed a 3M earplug lawsuit and juries have awarded millions in damages in early trials [_pageComponents_0_site_bullets_2_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => 1 [_pageComponents_0_site_bullets_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_0_site_bullets_3_bullet] => Lawyers are still accepting new cases to pursue 3M earplug settlements [_pageComponents_0_site_bullets_3_bullet] => field_pageComponents_pageComponents_postHead_site_bullets_bullet [pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => 0 [_pageComponents_0_site_bullets_3_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postHead_site_bullets_show_if_not_in_target_topic [pageComponents_2_title] => FREE CASE EVALUATION: [_pageComponents_2_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_2_caption] => Do You Qualify for a 3M Hearing Loss Settlement? [_pageComponents_2_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_2_image] => 11581 [_pageComponents_2_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_2_link] => Array ( [title] => CONTACT A 3M EARPLUGS LAWYER [url] => /contact/?inquiry=CAE [target] => ) [_pageComponents_2_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_2_gform_id] => [_pageComponents_2_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_2_button_style] => standard [_pageComponents_2_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_2_show_if_not_in_target_topic] => 1 [_pageComponents_2_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [_oembed_6ab707869f86d0cb6b3187a574df80b4] => {{unknown}} [_oembed_d744703b420a4ac2a467d1ed2f563bdd] => {{unknown}} [pageComponents_4_bg_color] => bg-color-light [_pageComponents_4_bg_color] => field_pageComponents_pageComponents_postCustomCta_bg_color [pageComponents_4_image] => 170 [_pageComponents_4_image] => field_pageComponents_pageComponents_postCustomCta_image [pageComponents_4_subtitle] => INFORMATION ABOUT 3M EARPLUG LAWSUITS ON THIS PAGE [_pageComponents_4_subtitle] => field_pageComponents_pageComponents_postCustomCta_subtitle [pageComponents_4_title] => [_pageComponents_4_title] => field_pageComponents_pageComponents_postCustomCta_title [pageComponents_4_content] =>- Latest 3M Military Earplug Lawsuit Updates
- 3M Earplug Settlement With DOJ
- Is there a 3M Earplug Class Action Lawsuit?
- 3M Earplug Lawsuit Payout Amounts Awarded by Juries
- How Long Will It Take To Get a 3M Lawsuit Settlement?
- Examples of 3M Earplug Lawsuits
- Have a 3M Earplug Lawyer Review Your Case
- 3M Earplug Lawsuit Community Comments
Latest 3M Earplugs Lawsuit Updates in 2023
June 2023 Update: Judge Rodgers has identified a group of 31 earplug lawsuits that will "soon" be remanded back to U.S. District Courts nationwide for individual trial date, once the litigation stay is lifted. May 2023 Update: The U.S. Court of Appeals for the 11th Circuit heard oral arguments on May 1, regarding a challenge to early jury verdicts totaling $8.2 million awarded to four veterans. A day later, Judge Rodgers ordered that settlement talks between 3M and earplug hearing loss plaintiffs resume, indicating that both sides face "far more uncertainty than ever existed before", warranting renewed exploration of whether a settlement can be reached. January 2023 Update: After 3M earplug lawsuit settlement negotiations reached an "impasse", Judge Rodgers terminated further court-ordered mediation efforts as the MDL, bankruptcy and various appeals proceed, which are likely to take several years to run their course. December 2022 Update: After plaintiffs filed for a summary judgment, Judge Rodgers sanctioned 3M for an effort to claim it did not bear liability for 3M earplug injuries, barring the legal defense and declaring 3M Company had acted in "bad faith" after being hit with $300 million in earplug lawsuit jury verdicts during the bellwether trials. November 2022 Update: Judge Rodgers has put in place a stay on the 3M earplug litigation, while ordering the parties to continue hearing loss settlement negotiations during any interlocutory appeal regarding 3M Company's independent liability for defective Combat Arms earplugs developed by it's now-bankrupt subsidiary. A group of veterans whose trials were set to be held in the first wave of cases remanded back to federal courts have filed a motion to have the 3M earplug lawsuit stay lifted. [showmore more="Show More 3M Earplug Lawsuit Updates" less="Show Less 3M Earplug Lawsuit Updates"]October 2022 Update: Parties are continuing with 3M earplug lawsuit settlement discussions in the MDL, with Mediator Ellis directed by Judge Rodgers to schedule additional negotiations in October 2022, to try to settle 3M earplug lawsuits.
September 2022 Update: The initial 3M earplug settlement talks were held on September 15 and 16, before Special Master Randi Ellis, which also included representatives from state court claims filed in Minnesota, where the manufacturer’s U.S. headquarters are based. Judge Rodgers has reported that the mediation was “was worthwhile and productive”, but a final agreement to settle 3M earplug lawsuits has not been reached. August 2022 Update: The U.S. Bankruptcy Court has determined that 3M must face earplug hearing loss lawsuits while it’s Aearo Technologies subsidiary moves through the bankruptcy system. The Court has rejected an attempt by 3M Company to tie up the hearing loss lawsuits with this artificial and bad faith earplug bankruptcy filing. July 2022 Update: In a controversial move, 3M has indicated that it’s wholly owned Aearo Technologies subsidiary is pursuing Chapter 11 Bankruptcy. Although 3M Company has billions in assets to cover earplug lawsuit payouts, it has issued a press release attempting to establish $1 billion hearing loss settlement fund, even though it knows that amount does not come close to providing proper compensation for veterans. The move came just one week after Judge Rodgers ordered plaintiffs and defendants to prepare the three “waves” of 500 cases each for trial in 2022 and 2023. May 2022 Update: A federal jury in Florida returned a $77.5 million verdict in the final 3M earplug bellwether trial, which included 19 separate cases going before juries over the past year. This case involved a U.S. Army veteran who received $5 million in compensatory damages, with 3M company ordered to pay an additional $72.5 million in punitive damages. Learn more about the average 3M earplug lawsuit payouts below. [/showmore] [_pageComponents_5_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_6_subtitle] => [_pageComponents_6_subtitle] => field_pageComponents_pageComponents_postDefaultCta_subtitle [pageComponents_6_title] => [_pageComponents_6_title] => field_pageComponents_pageComponents_postDefaultCta_title [pageComponents_6_caption] => [_pageComponents_6_caption] => field_pageComponents_pageComponents_postDefaultCta_caption [pageComponents_6_image] => [_pageComponents_6_image] => field_pageComponents_pageComponents_postDefaultCta_image [pageComponents_6_link] => [_pageComponents_6_link] => field_pageComponents_pageComponents_postDefaultCta_link [pageComponents_6_gform_id] => [_pageComponents_6_gform_id] => field_pageComponents_pageComponents_postDefaultCta_gform_id [pageComponents_6_related_stories_title] => Related Stories [_pageComponents_6_related_stories_title] => field_pageComponents_pageComponents_postDefaultCta_related_stories_title [pageComponents_6_related_stories] => [_pageComponents_6_related_stories] => field_pageComponents_pageComponents_postDefaultCta_related_stories [pageComponents_7_textAlignment] => text-left [_pageComponents_7_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_7_full_width] => standard-width [_pageComponents_7_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_7_contentHtml] =>3M Earplug Settlement With DOJ Over Fraud
The 3M earplug litigation first emerged after the U.S. Department of Justice announced a $9.1 million settlement with 3M Company over the Combat Arms earplugs in July 2018, resolving claims that the manufacturer committed fraud by knowingly selling defective earplugs to the government. According to allegations raised in a complaint that led to this 3M earplug settlement with the U.S. government:- 3M Combat Arms Earplugs were defectively designed, causing them to imperceptibly loosen in users ears over time, which was not disclosed to the U.S. government or military service members;
- False and inaccurate noise reduction ratings (NRR) for the earplugs were provided by 3M Company, which employed testing methods that did not comply with required or accepted standards;
- Earplug noise reduction ratings listed on the packaging materials and instructions failed to accurately reflect the true level of hearing protection provided.
Is there a 3M Earplug Class Action Lawsuit?
Following the controversial allegations raised in the U.S. Department of Justice investigation, a number of 3M earplug class action lawsuits and individual hearing loss lawsuits were filed throughout federal courts by former and active military service members. By May 2021, more than 600 cases had been filed in U.S. District Courts nationwide, which prompted the U.S. Judicial Panel on Multidistrict Litigation to establish coordinated pretrial proceedings in the federal court system. All 3M earplug claims have been centralized before U.S. District Judge Casey Rodgers in the Northern District of Florida for common discovery and pretrial proceedings, where the litigation has been managed in a manner similar to a 3M earplug class action lawsuit. However, each claim remains an individual lawsuit, where plaintiffs must established that their hearing loss was caused by the 3M earplug. By October 14, 2022, the JPML reported that at least 320,638 former and current military service members who suffered hearing damage were pursuing damages against 3M. However, some of those claims were subsequently dismissed due a lack of medical evidence or proof of military service. More than 257,000 former military service members are still awaiting their day in court to obtain a 3M earplug lawsuit payout.3M Earplug Lawsuit Payout Amounts Awarded by Juries
Between March 2021 and May 2022, a series of early “bellwether” trials were scheduled by U.S. District Judge Casey Rodgers, to help the parties gauge how juries may respond to certain evidence and testimony that is likely to be repeated throughout the litigation. A series of 16 jury trials were held, involving 19 separate plaintiffs. 3M lawsuit payouts were awarded in 10 of the cases, with damages of nearly $300 million returned over the failure to disclose known safety defects with the earplugs Below is a guide to the 3M earplug verdicts returned so far, which have sent a strong signal about the extent of liability the manufacturer and the amount it may have to pay to settle 3M earplug lawsuits brought by service members with hearing loss and tinnitus.
In April 2021, the first Combat Arms hearing loss bellwether trial ended in a $7.1 million verdict for three veterans who suffered hearing damage due to the defective design of the earplugs. A number of trials have followed since, with $8.2 million in damages awarded to a veteran in September 2021, a $13 million verdict awarded in November 2021, and a $22 million verdict awarded in December 2021.
In late January 2022, a jury awarded the largest verdict yet, $110 million to two veterans who suffered hearing loss and tinnitus. In late March 2022, 3M lost two cases on the same day, with jury awards totaling $58 million returned. In late April 2022, another U.S. Army veteran was awarded $2.2 million for hearing loss damage linked to the earplugs. The final bellwether trial ended in a $77.5 million verdict in May 2022, resulting in a total of nine losses and six defense verdicts for 3M.
Judge Rodgers has ordered the parties to prepare several large “waves” of 3M earplug cases for remand to U.S. District Courts. However, a stay on those proceedings was issued in late 2022, while 3M Company pursues an interlocutory appeal to the Eleventh Circuit.
How Long Will It Take To Get a 3M Lawsuit Settlement?
Although juries have sent a strong message to 3M Company about the extent of liability it faces if each individual case goes to trial, former veterans left with hearing loss have not been offered individual earplug settlement amounts. After initially appearing that the parties were making progress toward resolving claims in late 2022, the court declared that settlement negotiations were at an "impasse" in early early 2023 and it is unclear how long it may take before the 3M lawsuits settle. Following early 3M earplug trials in 2021 and 2022, Judge Rodgers ordered the parties to engage in a series of 3M lawsuit settlement talks. However, rather than making a good faith attempt to settle cases, the manufacturer announced that its wholly owned Aearo Technologies subsidiary was filing for Chapter 11 Bankruptcy in July 2022. The parent company unilaterally proposed a $1 billion 3M earplug settlement fund, which would have provided unacceptably low recoveries for veterans. In August 2022, a bankruptcy judge rejected the attempt to delay the litigation and force settlement negotiations into the bankruptcy proceedings, finding that 3M must continue to face earplug lawsuits while it’s Aearo subsidiary goes through Chapter 11. In September 2022, Court ordered that the parties resume 3M earplug settlement negotiations, and at least two mediation sessions were held with Special Master Randi Ellis, which Judge Rodgers has described as “worthwhile and productive”. Following a failure to reach any agreement to settle 3M earplug lawsuits, Judge Rodgers terminated further court-ordered mediation efforts in January 2023, indicating that the MDL will resume efforts to prepare large groups of cases to be ready for remand to U.S. District Courts nationwide as soon as practical after pending appeals are resolved in late 2023 or 2024. [_pageComponents_7_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_8_title] => Share Your Story [_pageComponents_8_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_8_caption] => Read comments about hearing problems experienced by other users of 3M earplugs and share your story with the AboutLawsuits.com community. [_pageComponents_8_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_8_image] => [_pageComponents_8_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_8_link] => Array ( [title] => ADD COMMENTS [url] => #seventen-post-comments [target] => ) [_pageComponents_8_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_8_gform_id] => [_pageComponents_8_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_8_button_style] => standard [_pageComponents_8_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_8_show_if_not_in_target_topic] => 1 [_pageComponents_8_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_9_textAlignment] => text-left [_pageComponents_9_textAlignment] => field_pageComponents_pageComponents_blockWysiwyg_textAlignment [pageComponents_9_full_width] => standard-width [_pageComponents_9_full_width] => field_pageComponents_pageComponents_blockWysiwyg_full_width [pageComponents_9_contentHtml] =>3M Earplug Lawsuit Examples
As a result of the manufacturers’ failure to properly test the effectiveness and fit of Combat Arms earplugs, lawsuits have been filed to obtain financial compensation for military personnel who were left with hearing loss or tinnitus. Many of the lawsuits claim If proper testing had been conducted and adequate warnings provided about problems with the earplugs, it is unlikely they would have been standard issue to military personnel, and hundreds of thousands, potentially millions, of cases of hearing damage could have been avoided.
U.S. Army Veteran Hearing Loss & Tinnitus Lawsuit: Filed in U.S. District Court for the Middle District of Georgia in February 2019, U.S. Army veteran Ulrick T. John claims he now suffers from hearing loss, tinnitus and requires use of a hearing aid due to design defects with the 3M’s Combat Arms dual-ended earplugs.
John states he first joined the military in January 1993, and was deployed to Iraq from May 2008 to August 2009, and again from November 2010 to November 2011. The lawsuit states during his training and both deployments he was provided the 3M Dual-ended Combat Arms earplugs to protect him against loud impulse noises and explosions.
U.S. Marine Corps Veteran Suffers Tinnitus From Defective 3M Combat Arms Earplugs: Filed by Shannon Weaver in the U.S. District Court for the District of Minnesota in February 2019, Weaver claims he was issued the Dual-ended Combat Arms earplugs to protect against loud noises that included servicing the electronic systems within military helicopters and regularly working in close proximity to the loud, propeller-generated aircrafts, among other things.
Weaver states he now suffers from partial hearing loss and ringing in the ears (tinnitus) and requires hearing aids in both ears due to 3M’s failure to disclose known failures and defects.
Have a 3M Earplug Lawyer Review Your Case
It is important to obtain experienced legal representation to pursue a 3M earplug lawsuit to make sure you receive the financial compensation you deserve. A 3M earplug lawyer will help protect your legal interests, and they provide free consultations to help determine if you or a loved one may be eligible for a settlement. There are no fees or expenses unless a recovery is obtained in your case. [_pageComponents_9_contentHtml] => field_pageComponents_pageComponents_blockWysiwyg_contentHtml [pageComponents_10_title] => FREE CASE EVALUATION [_pageComponents_10_title] => field_pageComponents_pageComponents_postContactCta_title [pageComponents_10_caption] => Find Out If You Are Eligible for a 3M Hearing Loss Settlement [_pageComponents_10_caption] => field_pageComponents_pageComponents_postContactCta_caption [pageComponents_10_image] => 170 [_pageComponents_10_image] => field_pageComponents_pageComponents_postContactCta_image [pageComponents_10_link] => Array ( [title] => CONTACT A LAWYER [url] => /contact/?inquiry=CAE [target] => ) [_pageComponents_10_link] => field_pageComponents_pageComponents_postContactCta_link [pageComponents_10_gform_id] => [_pageComponents_10_gform_id] => field_pageComponents_pageComponents_postContactCta_gform_id [pageComponents_10_button_style] => standard [_pageComponents_10_button_style] => field_pageComponents_pageComponents_postContactCta_button_style [pageComponents_10_show_if_not_in_target_topic] => 1 [_pageComponents_10_show_if_not_in_target_topic] => field_pageComponents_pageComponents_postContactCta_show_if_not_in_target_topic [pageComponents_13_return_posts] => first [_pageComponents_13_return_posts] => field_pageComponents_pageComponents_postMoreTopStories_return_posts [hide_sticky_menu] => 1 [_hide_sticky_menu] => field_636167d66e369 [_yoast_wpseo_title] => 3M Earplug Lawsuit Update and Hearing Loss Settlement Info [pageComponents_6_second_link_text] => [_pageComponents_6_second_link_text] => field_pageComponents_pageComponents_postDefaultCta_second_link_text [pageComponents_6_second_link_url] => [_pageComponents_6_second_link_url] => field_pageComponents_pageComponents_postDefaultCta_second_link_url [wmx-schema-json] => Array ( ) [pageComponents_11_show_related_stories] => 1 [_pageComponents_11_show_related_stories] => field_pageComponents_pageComponents_postTags_show_related_stories [header_pop_single_text] => [_header_pop_single_text] => field_6410b14237765 [header_pop_single_link] => [_header_pop_single_link] => field_6410b14237766 [header_pop_single_right_slideout] => [_header_pop_single_right_slideout] => field_6410b14237767 [pageComponents_0_new_hero] => 1 [_pageComponents_0_new_hero] => field_pageComponents_pageComponents_postHead_new_hero [pageComponents_0_bullets_title] => 3M Earplug Lawsuit 2023 Update [_pageComponents_0_bullets_title] => field_pageComponents_pageComponents_postHead_bullets_title [_yoast_wpseo_primary_news] => [_yoast_wpseo_primary_topics] => [_yoast_wpseo_primary_lawsuits] => [_oembed_ae9dfde7aba7069da84c4d59829b3780] => {{unknown}} [pageComponents_0_subheadline] => UPDATES AND SETTLEMENT INFORMATION [_pageComponents_0_subheadline] => field_pageComponents_pageComponents_postHead_subheadline [pageComponents_0_status_label] => LAWSUIT STATUS: New Cases Still Accepted [_pageComponents_0_status_label] => field_pageComponents_pageComponents_postHead_status_label [pageComponents_0_additional_status_text] => [_pageComponents_0_additional_status_text] => field_pageComponents_pageComponents_postHead_additional_status_text [pageComponents_0_accordion_top_expanded] => 1 [_pageComponents_0_accordion_top_expanded] => field_pageComponents_pageComponents_postHead_accordion_top_expanded [pageComponents_0_accordion_top_title] => What is the 3M Lawsuit About? [_pageComponents_0_accordion_top_title] => field_pageComponents_pageComponents_postHead_accordion_top_title [pageComponents_0_accordion_top_body] => Lawsuits allege that defective 3M earplugs were distributed to military service members between 2003 and 2015, which failed to provide adequate ear protection during deployments and training. Millions in 3M earplug hearing loss lawsuit payouts have been awarded by juries, and settlement negotiations continue in more than 200,000 claims. [_pageComponents_0_accordion_top_body] => field_pageComponents_pageComponents_postHead_accordion_top_body [pageComponents_0_accordion_top] => [_pageComponents_0_accordion_top] => field_pageComponents_pageComponents_postHead_accordion_top [pageComponents_0_accordion_left_expanded] => 0 [_pageComponents_0_accordion_left_expanded] => field_pageComponents_pageComponents_postHead_accordion_left_expanded [pageComponents_0_accordion_left_title] => Who is Eligible for Settlement? [_pageComponents_0_accordion_left_title] => field_pageComponents_pageComponents_postHead_accordion_left_title [pageComponents_0_accordion_left_body] => While no global 3M earplug hearing loss settlements have been reached to resolve claims, lawyers continue to investigate claims for individuals who:- Served in the military between 2003 and 2015;
- Issued Dual End or Reversible Combat Arms Earplugs (CAEv2); and
- Diagnosed with hearing loss or tinnitus (ringing in the ears)
