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.

Handbag Hullabaloo

Proud to Support Ronald McDonald House

Clark, Perdue & List Co, LPA was pleased to be a sponsor of the recent Handbag Hullabaloo fundraiser for the Ronald McDonald Charities of Central Ohio. We are proud of the hard work of our Office Manager, Dawn List, who served on the fundraising committee for this event.  Located across the street from Nationwide Children’s Hospital, the Columbus Ronald McDonald House has been instrumental in keeping thousands of families close in their deepest times of need for more than three decades.

Andrew List to Speak at Business Seminar

Andrew List has been invited by the accounting firm of Whalen & Company CPAs to speak at its 9th Annual Business Seminar on November 8, 2016. Mr. Lists’ presentation is titled “Why Businesses Get Sued, and How to Avoid It”.

Other distinguished presenters at the event include Dean Zerbe, former Senior Counsel and Tax Counsel to the U.S. Senate Committee on Finance, who will speak about recent developments in tax law and David Fine, a cyber security agent with the FBI.

Clark Perdue & List Attorneys Named 2017 Best Lawyers

Dale Perdue, Andrew List and Glen Pritchard were each selected for inclusion in the 2017 Edition of Best Lawyers in America® in the practice area of Personal Injury Litigation – Plaintiffs.  Glen Pritchard was also listed in the practice areas of Insurance Law and Product Liability Litigation – Plaintiffs. According to Best Lawyers:

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Over 83,000 leading attorneys globally are eligible to vote, and we have received more than 13 million votes to date on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2017 Edition of The Best Lawyers in America©, 7.3 million votes were analyzed, which resulted in almost 55,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor.

Dale Perdue and Andy List have been included in the Best Lawyers publication each year for more than a decade.


Proud Sponsors of Walk-Like-MADD

Walk like MADD

Over the past 30 years, we have learned first hand about the physical and emotional devastation drunk driving accidents can cause. Throughout our history, we have actively supported Mother’s Against Drunk Driving’s mission to end drunk driving.

We are a proud to continue that support by sponsoring of the 2016 Central Ohio Walk-Like-MADD event to be held on October 1, 2016. Come out to support Mother’s Against Drunk Driving’s effort to end drunk driving!

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

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