Benzene Cancer Risk — Living or Working Near a Benzene Emitter May Increase Your Benzene Cancer Risk

Benzene cancer risk may be greater for Ohio residents who live or work near manufacturers and refineries that emit benzene into the air.  Benzene, a chemical that is found in many products, including crude oil, gasoline and cigarette smoke, may result in an increased risk of cancer.

Researchers at Emory University in Atlanta have revealed concerns about benzene cancer risk. The study found that, in Ohio, more than thirty businesses were emitting benzene into the air as part of their manufacturing or refining processes.  According to the research, Ohio residents facing the highest benzene cancer risk are those who live or work in Allen, Defiance, Hamilton, Trumbull and Warren Counties.  Each of these counties has at least one business that releases more that 10,000 pounds of benzene into the air.

The study stresses that, while additional research is required, researchers suspect benzene may contribute to cause cancers, including Non-Hodgkin’s lymphoma.  Non-Hodgkin’s lymphoma affects the immune and lymphatic systems and can be fatal.

Non-Hodgkin lymphoma can cause many different signs and symptoms, depending on the type of lymphoma and where it is in the body. Sometimes it might not cause any symptoms until it grows quite large. Some common signs and symptoms include:

  • Enlarged lymph nodes
  • Fever
  • Sweating and chills
  • Weight loss
  • Fatigue (extreme tiredness)
  • Swollen abdomen (belly)
  • Feeling full after only a small amount of food
  • Chest pain or pressure
  • Shortness of breath or cough

Others cancers that may be caused by benzene include:

  • Acute myeloid leukemina (AML)
  • Acute lymphocytic leukemia (ALL)
  • Multiple myeloma (MM)
  • Myelodysplasia
  • Aplastic anemia
  • Chronic  myelogenous leukemia (CML)
  • Chronic lymphocytic leukemia (CLL)

The researches found that the cancer risk decreases for people who live and work further away from manufacturers and refiners that emit benzene into the air.  The risk deceases by approximately one percent for every three miles an Ohio resident is separated from a manufacturer or refinery.

Please contact us if you or a loved one has been exposed to benzene and has been diagnosed with cancer.

Taxotere Hair Loss MDL Ordered

The Judicial Panel on Multidistrict Litigation ordered consolidation of all Taxotere hair loss cases on October 2, 2016. The panel noted that nearly 90 cases, alleging permanent hair loss resulting for the use of the chemotherapy drug, Taxotere, have been filed throughout the country. The panel determined that consolidating the cases in the federal court for the eastern district of Louisiana would best serve for the efficient administration of the cases.

Taxotere is a chemotherapy drug most often prescribed to breast cancer patients. The drug is also sometimes used to treat other forms of cancer such as prostate and lung cancer. Temporary hair loss is a common side-effect of many chemotherapy drugs. In late 2015, however, the Food and Drug Administration updated the warning for Taxotere to include possible permanent hair loss, a condition known as Alopecia.

It has been claimed that the maker of Taxotere knew about the risk of permanent hair loss for some time, but failed to timely disclose this risk to patients and physicians. Patients who have been left with permanent hair loss resulting from Taxotere could have explored other treatment options if this risk had been disclosed sooner.

Our law firm is investigating Taxotere hair loss cases. If you or a loved one has been adversely affected by this drug, we may be able to help.

Study Links Proton Pump Inhibitors to Stroke

Clark, Perdue & List is actively investigating cases involving patients suffering from kidney damage as a result of using popular heart burn medications, including Nexium, Prilosec, and Prevacid, have been linked to kidney damage. Studies have shown a link between these drugs, classified as proton pump inhibitors (PPIs), and kidney damage.

A new study from the Netherlands has now shown that use of these heartburn medications is linked to an increased incidence of stroke. Researches followed nearly 250,000 patients who used PPIs and found that nearly 9500 patients from the group suffered a stroke within six years. That is a 21% increase compared to people who were not using PPIs. The study found that the patients at the highest risk of stroke took the highest doses of the drug.

The lead researcher noted that:

At one time, PPIs were thought to be safe, without major side effects. . . . This study further questions the cardiovascular safety of these drugs.

If you have suffered kidney damage or stroke after taking a PPI heartburn medication, contact our law firm for more information.

Workers Paid by Debit Card Hurt by High Fees

Debit cards often involve high fees and limited access.  For consumers, these problems are compounded when their employers use debit cards or “payroll cards,” instead of checks, to pay their wages.

According to the Consumer Financial Protection Bureau, employees have a choice.  They can be paid by debit card or an alternative method.  Employers must offer at least one other method — a traditional check, direct deposit, or cash, for example.  Employees who choose a debit card should be careful about the following problems.

First, be wary of any card that has hidden fees.  The law requires that any fee for transfer of funds to or from the card must be disclosed in writing.  The employer must give this written disclosure to the employee.

Second, employers must provide employees with access to account information.  For example, the balance on the card must be available by telephone.   And, if requested by the employee, a 60 day account history (including all fees and fund transfers) must be made available to the employee in writing.

Third, as with a credit, the employee’s liability must be limited if the card is lost or stolen.  If, after an unauthorized use occurs following loss of the card, the employee report loss.  If she does so, her liability is limited to the lesser of $50 or the amount of the unauthorized transfer.

Finally, financial institutions must respond to a consumer’s report of errors.  Generally, the consumer has a duty to report the error within 60 days of accessing the account or 120 days after the error occurs.

According to the American Payroll Association, best practices for employers who pay their employees with debit cards include:

  • using a card that is widely accepted
  • providing clear information about fees
  • training employees on how best to use the debit card
  • allowing employees to access their full wages in cash, with no fee, at least once a pay period.

Clark Perdue is currently investigating claims of employees who have been paid by debit card and have been charged excessive fees.  If you would like more information, please contact us.

ERISA Subrogation: U.S. Supreme Court Changes the Rules

Getting a reasonable settlement offer in a personal injury case is often only half the battle. Managing reimbursement rights of the client’s health insurer can be equally important to achieve a good result. Most health insurance plans require reimbursement as a priority over all other claims, including the client’s, even when recovery is limited by the amount of available insurance or the client’s comparative fault. Having a solid strategy to deal with the health insurance lien can mean the difference between success and failure for the client. Continue reading

Talcum Powder Lawsuits Result in Large Awards Against J&J

So far in 2016, juries have awarded large verdicts against Johnson & Johnson in two separate talcum powder lawsuits. In January, an Alabama jury in a talcum powder lawsuit awarded $72 million against Johnson & Johnson. Earlier this week, a Missouri jury returned a verdict against J&J for $55 million. Both cases involved women who used talcum powder products and later died from ovarian cancer. The jury in both cases believed that Johnson & Johnson’s talcum powder products caused these cancers. Continue reading

Baxter Minicap Dialysis Injuries Lawsuit Filed

Baxter Minicap dialysis injuries include peritonitis, a dangerous blood infection that can lead to organ failure and death.  In January 2015, the manufacturer of Baxter Minicap dialysis products notified healthcare providers and consumers of these problems.  The warnings stated that:

Baxter received complaints indicating that the sponge of the MiniCap was fully separated from the cap, partially protruding from the cap, or missing.

Use of MiniCaps with sponges fully separated or missing from the caps may compromise the ability of the MiniCap to provide a sterile barrier protection at the end of the transfer set when the transfer set is not connected to the patient line of the automated peritoneal dialysis (APD) cassette or continuous ambulatory peritoneal dialysis (CAPD) twin bag set-ups. This may increase the risk of peritonitis.

Use of the MiniCaps with sponges protruding from the caps may encourage non-aseptic techniques, such as inadvertently touching the sponge to reposition it inside the cap. This may increase the risk of peritonitis.

Two months later, the United States Food & Drug Administration (FDA) issued a Class 2 recall of the affected Baxter Minicap dialysis products.

Clark Perdue has filed a lawsuit in the United States District Court, Southern District of Ohio, for injuries and death resulting from use of a defective Baxter Minicap dialysis product.  The lawsuit alleges that a woman used the defective Baxter MiniCap dialysis products in the late summer and early fall of 2014.   Her conditioned deteriorated over a period of months, until she was ultimately diagnosed with septic shock due to peritonitis.   Unfortunately, she passed away before the FDA recall, and before notice was given to healthcare providers and consumers of the problems associated with the defective Baxter Minicap dialysis products.

Please contact us if you would like further information regarding defective Baxter Minicap dialysis products.

Ohio Dangerous Pharmaceutical Lawyer

Heartburn Medication Causes Kidney Damage Study Finds

A recent study finds that commonly prescribed heartburn medication can cause kidney damage. Proton Pump Inhibitors (“PPI’s), among the must widely prescribed medications in the United States, can cause kidney disease and kidney failure.  These drugs are used to treat gastroesophageal reflux disease, or GERD. Common Protein Pump Inhibitors (“PPI’s) include Prilosec, Nexium and Prevacid, among others. Continue reading

Bard IVC Filter Injury

Bard IVC filter injury occurs when the IVC filter fractures, despite being designed to protect patients from dangerous blood clots. These medical devices are implanted in the inferior vena cava to keep blood clots from traveling throughout a patient’s body.

Hundreds of lawsuits have been filed because Bard IVC filter injury.  The lawsuits allege that IVC filters break apart, or fracture, causing metal splinters to travel though a patients body.

Do IVC filters create more harm than good?  That’s a matter of dispute, and a patient considering IVC filter treatment should have a candid discussion with her doctors before proceeding.

IVC filters are an established treatment for deep veined thrombosis (“DVT”) and pulmonary embolism (“PE”). Unfortunately, the evidence that IVC filters prevent DVT and PE is mixed, at best.   According to a randomized trial published in 1998, the placement of an IVC filter actually resulted in a 10% increase in recurring DVT, compared to traditional care for anticoagulation.

IVC filter use has reason in the United States, with more than 250,000 IVC filters implanted in patients each year.  Part of the increase may be due to the development of retrievable IVC filters — devices that can be taken out or explanted once a physician determines that a patient is no benefiting from the IVC filter.  The problem is that nearly two thirds of the devices are never removed, leaving patients at risk for device failure and fracture for the rest of their lives.

As the lawsuits develop, testimony is emerging in support of patient claim that:

  • As early as 2004, Bard knew that some of its IVC filters failed to meet safety specifications and posed a risk of injury or death to patients
  • As early as 2004, Bard recognized that some of its IVC filters had a higher fracture rate than other similar medical devices

Clark Perdue represents numerous patients who suffer injury caused by defective medical devices, including patients who have suffered Bard IVC filter injury. If you or a loved one has been injured due to an IVC filter fracture, we may be able to help.

AEP Eminent Domain Lawsuits Filed Against Ross County Property Owners

According to records on file with the Ross County, Ohio recorder’s office and Court of Common Pleas, AEP has filed at least five lawsuits and obtained more than fifty easements against Ross County property owners. AEP’s eminent domain activities are part of an ongoing project to construct and maintain an electric transmission line in the Biers Run Substation project. Continue reading

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