We’ve written before about an ongoing series of cases involving Johnson and Johnson and a mass tort involving the use of Johnson & Johnson talcum powder leading to ovarian cancer. To catch you up, despite several studies that show a link between the use of talcum powder and ovarian cancer, many companies such as Johnson & Johnson have failed to label products appropriately.
Last year after a mass tort began against Johnson & Johnson, the company was ordered to pay a settlement of $72 million. In May of this year, a second verdict was handed down for $55 million.
And then, just this summer, a third case was settled against Johnson & Johnson. A California woman was awarded $417 million dollars in her settlement. Eva Echeverria, who is now 64 years old, reported using Johnson & Johnson talcum powder as a feminine hygiene product since she was 11.
She stopped using the product in 2016 as soon as she learned about its connection to ovarian cancer, but by then it was too late. Ms. Echeverria was diagnosed with ovarian cancer in 2007. She hopes that her case will help other women learn about the dangerous connection between talcum powder and ovarian cancer. The court ordered that Johnson & Johnson pay $70 million in compensatory damages and $347 in punitive damages.
When you undergo a major surgery, you’re putting your life in the hands of the surgeons and doctors who will care for you. But they’re not the only ones you have to put your trust in. You also have to trust that the tools and equipment doctors use are reliable and safe. This shouldn’t be something you have to think about, but it does come up. Unfortunately, one medical device company is under scrutiny for claims that they have produced faulty hip replacement devices.
Stryker Orthopaedics is a company that makes hip implants; however, in recent cases the implants are failing years before they’re supposed to, causing nasty symptoms such as thyroid problems and vision loss.
Some other major symptoms of a faulty hip replacement include:
You should also be mindful of the symptoms of metal poisoning which could be brought on by the erosion of metal at the joint:
If you believe you are experiencing symptoms of a faulty hip replacement, you should contact your doctor immediately. They can help determine whether or not you need a revision procedure. If you don’t feel comfortable with your surgeon, you may want to consider finding another one.
You should also get an MRI scan done. The MRI will show any damage to the bone around the implant. It will also give them a better idea of what kind of implant was used.
After this, you should see your surgeon again. He or she will perform a physical examination and check for signs of infection. Your surgeon will also take x-rays and blood samples to make sure there isn’t anything else going on.
After all of these tests have been completed, your surgeon will decide how to proceed. There are several options available to you:
There are many things you can do to avoid getting a faulty hip implant. Here are some tips to keep in mind:
Yes! Once you have received medical attention, call an attorney right away. Faulty hip replacements are both expensive and traumatic. You should be fairly compensated.
If you are injured at a work party, you might not be eligible for workers’ compensation. Take, for instance, the following case. A North Carolina court affirmed the decision to deny a woman’s workers’ comp claim after she was injured at her annual holiday work party in 2013.
The woman, Melissa Lennon, suffered a fall while at her annual holiday work party. She sustained serious injuries including fractured bones and muscle tears. She filed a claim to cover her missed time from work and permanent partial disability. You might think that she has a fairly good case, seeing as she was injured while attending a work function.
However, the court decided that she was not eligible for these benefits. One of their biggest reasons was that, as far as they could tell, she was not required to attend the function — many of her coworkers didn’t attend the function at all. What’s more, the party was not funded by her employer, rather by some of the employees.
In this case, the ruling was not in Ms. Lennon’s favor; however, that’s not to say that there aren’t some circumstances in which an injury at a work party might be covered by workers’ compensation. If you were injured at a mandatory event, or if the event was sponsored by your company, it’s possible your claim won’t be denied.
Workers’ compensation is designed to protect people who are hurt on the job. However, when someone gets hurt at a work party, it can be hard to know whether he or she should file a claim with the state. Here are some things to consider:
A lot of parties are held during the holiday season, but only certain ones are mandatory.
When someone gets hurt at a work party, it’s important to understand what kind of party it was. Some events are mandatory, meaning everyone must attend. Others are optional, meaning attendance isn’t required.
Some companies pay for their own holiday parties, while others rely on employee contributions. It’s important to note that even if the employer pays for the party, it doesn’t mean that the worker will automatically receive workers’ compensation benefits. The reason being that the party wasn’t “required” by the employer.
Some people go to work-related functions just to socialize, but others do so because they need to perform a specific task. For example, a janitor may be cleaning up trash at a party, but he or she wouldn’t necessarily be performing a janitorial service.
Sometimes, people get hurt at a work party because they’re participating in a dangerous activity. For example, a construction worker might be using a ladder to hang decorations, but he or she would probably not be doing so if the ladder broke.
Sometimes, people get hurt at work parties because they’re trying to help another person. For example, a coworker might trip over a chair while helping his or her friend move furniture.
It’s important to keep in mind that injuries at work parties are different than those sustained at work. If someone has a preexisting medical condition, such as diabetes, then he or she might not be eligible for workers’ compensation benefits if he or she got hurt at a work party.
It’s also important to remember that sometimes, people get hurt at parties because they’ve broken the law. For instance, a drunk driver might run into a tree after leaving a bar.
After considering all these factors, it’s time to decide whether or not to file a workers’ compensation claim. If you think you’re entitled to benefits, talk to a lawyer about your options. This way, you can make sure that you don’t miss out on the benefits that you deserve.
If you do temp work, then you know how quickly you can move from one company to the next. Even positions that transition you from temporary to permanent employee often require you to work for a period of 90 days, or even 180 days, before you’re considered a full-time employee. So what happens if you sustain a work injury while you’re employed as a temporary worker?
Don’t worry! You’re still eligible for workers’ compensation.
The first main difference between filing for workers’ compensation as a temporary employee versus filing as a permanent employee is who you’re filing with. Instead of filing a claim against the company you’re working for, you’ll be filing a claim against the temp agency.
One you’ve filed your workman’s compensation claim, your doctor may restrict your work hours or duties while you recover. Here’s where the next big difference comes in: The company you’re working for may not accommodate your working restrictions. In this case, your temp agency may have to assign you to a different company. In some cases, they might even assign you to do light duty in their office.
If your temp agency isn’t placing you, be sure that you have a written record (get copies of notes or emails) documenting that you are asking them at least once a week if they have anything available within your restrictions.
Just like any other worker, you’re entitled to compensation while you’re out of work. I’ve seen plenty of cases where temp agencies say their injured workers never expressed interest or were unavailable for work in order to get out of paying you workers’ comp benefits.
Don’t fall for this trap! Keep records and be consistent when asking your temp agency for work.
You may remember an incident last year when a massive apartment fire broke out in east Charlotte. Thanks to the hard work and bravery of 48 firefighters, the fire was extinguished in less than an hour. It’s amazing that a fire causing an estimated $200,000 in damage could be tamed so quickly. Fortunately, no residents or firefighters were injured in the fire.
Often, when people imagine work injuries or workers’ compensation, they’re thinking of injuries such as falls at work, heavy machinery accidents, or strain from repetitive motion. Many people forget that workers’ compensation also covers civil servants such as firefighters. Firefighters have physically intense jobs. Thankfully, workers’ compensation helps support the firefighters who get injured helping us.
The job of a firefighter can be dangerous. While most of us don’t think much about firefighters until there’s a call for help, their job requires them to face some pretty serious risks every day.
In fact, according to The National Institute for Occupational Safety and Health (NIOSH), firefighters die on the job at a rate nearly three to four times higher than other occupations.
While many of these deaths are preventable, some aren’t. Firefighters can get injured due to many reasons including equipment failure, structural collapse, smoke inhalation, burns, heat exhaustion, and even explosions. These injuries can range from minor cuts and bruises to major burns and amputations.
If you’re a firefighter and you’ve been hurt on the job, you might not realize that you have legal protections under workers’ compensation laws. Even though you’re covered by workers’ comp, you may still need a lawyer to protect your rights.
When firefighters are injured on the job, they often feel like they should just tough it out. After all, they signed up for this life-threatening profession knowing that they would occasionally get hurt.
But that doesn’t mean that they should accept anything less than full medical care and financial security after an injury. When firefighters are hurt on the job, they deserve to be treated fairly and compensated for their injuries.
That’s why it’s important for firefighters to understand their rights under workers’ compensation law. They must know what benefits they’re entitled to receive and how to file claims with their employers.
Unfortunately, many firefighters don’t know their rights because they haven’t had to use them before. That’s why it’s so important to contact an experienced workers’ compensation lawyer right away.
One of the biggest advantages of workers’ compensation is that it provides coverage for medical expenses and lost wages. This means that if you’re hurt while working, you won’t have to worry about paying for your treatment yourself.
Your employer will pay for any necessary medical treatment related to your workplace accident. If you lose time from work due to your injury, your employer will cover your lost wages.
Your employer may also provide additional benefits such as temporary disability payments, permanent disability payments, vocational rehabilitation services, and death benefits.
Even though workers’ compensation is designed to protect employees, sometimes it doesn’t do enough. For example, some companies try to avoid paying for medical bills or lost wages by denying that the employee was hurt in the first place.
To make sure that you get the benefits you deserve, you may choose to hire a workers’ compensation attorney who knows how to fight for your rights.
At Oxner + Permar, we’re very appreciative of the work that firefighters do for us and our community. If you’re a firefighter who has been hurt on the job or know someone who is, we’d be more than happy to answer any questions about injuries sustained while at work. The service you provide is invaluable, and we want to make sure that your rights are being protected. To all of you who put your lives on the line for public well being: Thank you!
