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What Happens if an Injury Victim Passes Away While Pursuing a Personal Injury Claim?

Posted on by karan k

What Happens if an Injury Victim Passes Away While Pursuing a Personal Injury Claim?

When someone gets injured in an accident, the injury could be so serious that they end up passing away unfortunately. This is certainly a tragedy. Family members may not know what to do or where to turn for help.

If the deceased person was in the middle of a personal injury claim, and they passed away from their injuries, then loved ones can take action so that justice is served. After all, they shouldn’t have to bear the burden of costly medical expenses or a funeral.

Here’s what they can do in the event that their family member died from an injury.

Sue for Wrongful Death

One way loved ones can ensure that justice is served is by filing a wrongful death claim. This sort of claim will compensate the surviving loved ones, who can pursue damages for funeral expenses, mental trauma, loss of companionship, and lost wages, including the money the deceased person would have made if they had not died.

The damages will first be given to the deceased person’s spouse and children. If they are not married or don’t have kids, then the damages will go to their parents. But if their parents aren’t alive, then designated heirs will receive the damages. 

File a Survival Action Claim

Another way to pursue damages for someone’s death is to file a survival action claim against the defendant. This is filed on behalf of the person who died. Damages could include medical expenses, pain and suffering, property damage, loss of enjoyment, emotional distress, and loss of wages. If a settlement is reached, it will go into the estate.

Who Can Initiate a Lawsuit?

You may be wondering if you’re allowed to initiate a lawsuit when your loved one passes away. Whether you’re pursuing a survival action claim or suing for wrongful death, you need to be the administrator or executor of the estate in order to initiate a lawsuit in most states. If the deceased person did not designate an administrator or executor, then the court will appoint one.

Can You File a Survival Action Claim and a Wrongful Death Claim?

It is entirely possible to file both a survival action and a wrongful death claim. Then, you could cover all of your damages as well as the deceased person’s damages they incurred before they passed away.

Remember the Statute of Limitations

There is only a certain period of time in which you can file your wrongful death or survival action claim. This is called a statute of limitations. Typically, you need to file the survival action and/or wrongful death claim within two years of the death of your loved one. 

What to Do When Filing a Claim

When you want to pursue legal action and file a wrongful death or a survival action claim, you need to get in touch with a personal injury lawyer. You may want to work with the lawyer who was representing your loved one before they passed away or find somebody different. It’s entirely up to you.

Your lawyer will work with you to calculate your economic damages like medical bills, funeral costs, and loss of wages, along with your non-economic damages like pain and suffering, loss of enjoyment, and loss of companionship.

They will also help you collect evidence. For instance, they can call up the hospital to retrieve your loved one’s medical records as well as assist you with gathering all of your bills. You may also have witness statements from people who saw what happened, a police record, photos, videos, and other proof that can strengthen your case.

One thing to keep in mind is that if the cause of death was not from the injuries, then you cannot recover lost wages or benefits beyond the date of your loved one’s death. For instance, if they got injured in a car accident but passed away from a heart attack a year later, then you could not receive their future earnings. This is one of the reasons why it is extremely important to have an experienced attorney working hard to recover maximum compensation on your behalf.

Should I Accept a Settlement from Insurance?

At some point, an insurance company may call you up to offer you a settlement. It’s never a good idea to accept a settlement unless you have a personal injury lawyer negotiating on your behalf. Insurance companies notoriously offer low settlements that don’t cover all of your damages.

Even if you think they’re providing you with enough compensation, you will likely be able to get more if you hire an experienced personal injury lawyer. Then, you will know that justice is served, and you can rest a little easier after this traumatic event.

If you have recently lost a loved one because of someone else’s negligence or reckless actions, get in touch with a skilled and knowledgeable wrongful death attorney in your area.

Obtain a Pre-Settlement Loan for Your Wrongful Death Lawsuit

Losing a loved one is an extremely difficult time under any circumstances, and this is especially true when your loved one suffers an untimely death that was the fault of another person or party. Under these circumstances, it is human nature to want to put this situation behind you by accepting a quick settlement offer from the insurance company.

It is important to keep in mind, however, that insurers are not empathetic to your situation. Although the adjuster might be kind and courteous, they are not looking out for your interests. Their loyalty is to their employer, which means their goal is to pay you as little as possible.

As we talked about earlier, this type of claim is best handled by an experienced attorney. But while they are dealing with your case, you may be facing financial difficulties, especially if you’re lost loved one was one of the primary breadwinners in the household. This is where a pre-settlement lawsuit loan can give you some financial peace while you adjust to your recent loss.

Pre-settlement loans are cash advances that are secured by the eventual settlement or verdict award that you receive from your lawsuit. With a lawsuit cash advance, you can get a portion of your compensation upfront while giving your lawyer the time necessary to effectively try your case.

Lawsuit funding is non-recourse, which means that the lender is paid back through the compensation that is recovered from your claim, and if no compensation is recovered, you owe nothing. While you are waiting for your case to be resolved, there are no monthly payments, so you do not need to worry about paying anything back in the short term.

Contact Direct Legal Funding to Apply for a Wrongful Death Lawsuit Loan

If you are interested in wrongful death lawsuit funding, Direct Legal Funding can find you the best deal on your pre-settlement loan. We offer the most competitive interest rates in the industry, and we provide a smooth and easy application process that allows you to get your funds usually within 24 hours of approval. We also deliver exceptional customer service during each step to help lessen the stress involved with the legal process.

Get started on your wrongful death loan today by calling (866) 941-5588 or applying online. We are ready to go to work for you!

The Dangers of Settling Too Soon in An Auto Accident Claim

Posted on by karan k

You recently got injured in a car accident. Now, you have lots of medical bills to pay for your treatment as well as damage to your car that you’re going to have to cover. Instead of paying for everything out of pocket, you want to seek a settlement from the other driver’s insurance company.

However, you don’t want to settle too soon. Here are some reasons why.

You Won’t Get the Settlement You Deserve

While it’s a good idea to try to get a settlement from the responsible party, you should keep in mind that their insurance company is going to offer you the lowest settlement possible. Their first offer is going to be low.

They figure that perhaps you’re worried and anxious and you’ll take whatever they provide you. Or maybe they think you are inexperienced and don’t know any better. If you settle immediately, then you won’t be able to negotiate for a higher settlement later on, even if you find out that you have to cover more costs than you bargained for.

Note: You should never settle with a driver, either. They may offer you cash to keep the insurance companies out of it. But if you accept this, you’ll definitely get less than you deserve.  

Your Injuries Could Get Worse

Let’s say you suffered from whiplash or back pain as a result of your accident. You think: this isn’t so bad. I’ll just take whatever settlement the insurance company offers me because my injuries will heal on their own.

But if you do that, you’re taking a big risk, because your injuries could get worse over time. They may seem to “go away,” but then suddenly flare up down the line. And then, you’ll be stuck with those medical bills if you aren’t actively involved in a lawsuit. You know, of course, how expensive medical treatment can be.

Instead of taking that first settlement offer, it’s a good idea to get treatment for your injuries for as long as you need. When you feel better, your lawyer can pursue a proper settlement to pay for your medical bills and associated costs.

You May Not Factor in Other Damages

You know that you could get a settlement for your medical bills and the damage to your car. But did you know that you could also receive money for damages like pain and suffering, loss of wages, and loss of enjoyment of life?

For instance, if you have to take off work to go to doctors’ appointments, you’d lose money from your job. That could be factored into your settlement. Or, if you can no longer partake in your favorite hobbies, that could be considered a loss of enjoyment of life, and you could get money to cover that as well. If you settle too early, you won’t be able to include these kinds of damages.

What If I Can’t Afford Medical Treatment?

You may want to settle because you can’t afford medical treatment. If this is the case, you could receive care through your personal injury attorney’s network of providers. They will use a medical lien to cover the cost of your care, and then when you receive a settlement, your lawyer will pay your providers back first before giving you your share. You could also choose to go through your own insurance and then reimburse yourself when your case settles.

What If You Can’t Afford a Personal Injury Lawyer?

If you’ve never been involved in a personal injury case, you may not know how payment to your lawyer works. Personal injury lawyers work on a contingency basis, which means that you won’t pay them anything unless you win. In your first meeting with your lawyer – which is typically a free consultation – you will learn about the terms and conditions involved with retaining legal representation with their firm. This way, there are no surprises later on and you won’t have to pay anything upfront.

Increasing Your Chances of Getting a Settlement

Make sure that when you meet with your personal injury lawyer, you bring all proof you have that the accident wasn’t your fault, including photographs of the scene, witness statements, and a police record. Also, hand over your medical records or let them know where you received treatment so they can collect them.

Stay on top of your care by going to your appointments, getting recommended tests done, and taking prescriptions, if necessary. This will show the insurance company that your injuries are serious.

If you have questions at any point during the process, reach out to your personal injury lawyer for help. And if you aren’t happy with the settlement you’re set to receive, you can always ask your personal injury lawyer how they came to that amount or if it’s possible to renegotiate for a higher amount.

Receiving Pre-Settlement Funding While Waiting for a Fair Settlement

For many car accident victims, the idea of waiting several months or longer to get their settlement money seems untenable to say the least. With the bills piling up and the inability to go back to work for a while, they just can’t afford to wait – they need their money now. This is exactly why lawsuit funding was created.

Lawsuit loans, also known as pre-settlement loans or pre-settlement funding, are upfront cash advances that are secured by the borrower’s eventual settlement. Lawsuit advances are non-recourse, which means that you only have to pay it back if you recover compensation from your lawsuit. If you lose your case, you owe nothing.

During auto accident cases, it always seems that the insurance companies have the upper hand. Their adjusters are professionals who handle claims week in and week out, and they know that injury victims are most often motivated to get their settlement money quickly. This is why they typically give an insultingly low offer in the beginning; because they are hoping that you will take the fast money and be done with your case.

With a car accident loan, you can turn the tables on the insurance company. By receiving a portion of your settlement upfront, you will have the money you need to cover your immediate expenses while your attorney builds a strong case on your behalf and negotiates the best possible settlement with the insurer.

If for some reason the insurance carrier is not willing to negotiate in good faith, you will be a lot less concerned about the protracted timeframe involved with going to trial. Juries can be unpredictable, but oftentimes, they rule heavily in the favor of injured parties and award large amounts in damages. A pre-settlement loan will make it a lot more feasible for you to take the time to go through litigation if that’s the direction your case goes.

Get the Best Deal on a Pre-settlement Loan through Direct Legal Funding

If you are interested in a car accident lawsuit loan, Direct Legal Funding is here to help! We provide lawsuit cash advances at the most competitive interest rates in the industry, and your funds can be in your bank account within 24 hours after approval.

There are no credit checks and there is no collateral required to obtain pre-settlement funding. You just need to be working with an attorney, and our underwriters will need to have a short conversation with your attorney to verify some information about your case.

To learn more about car accident loans and/or to start your application, call us today at (866) 941-5588 or apply online. We look forward to serving you!

Emerging Hernia Mesh Litigation – Strattice

Posted on by karan k

Emerging Hernia Mesh Litigation – Strattice

Multi-County litigation is heating up in New Jersey state court over allegedly defective Strattice hernia mesh.

As of January of 2022, a New Jersey judge was selected to oversee the lawsuits. Five plaintiffs’ attorneys and two defense attorneys are in a leadership position in the state court multi-county litigation (MCL).

New Jersey Superior Court Judge John C. Porto from Atlantic County will head the MCL. Consolidating the growing number of cases filed so far is intended to avoid conflicting lower court rulings and discovery issues, so the cases move through the court system.

The Strattice hernia mesh products are designed, manufactured, marketed, and sold by LifeCell Corporation, Allergan Inc., and Allergan USA, Inc., based in New Jersey. The plaintiffs are from several states, including Arizona, Ohio, California, Wisconsin, Texas, as well as New Jersey.

In June 2021, lawyers for the growing number of plaintiffs requested that all Strattice hernia mesh lawsuits be consolidated under one judge. All alleged the hernia mesh was defective and failed, resulting in serious injuries and additional medical intervention.  

Judge Porto will be in charge of pretrial proceedings and a series of bellwether trials, selected by both sides to determine the relative value of the cases and how they should be tried in the court.

The plaintiff attorneys predicted hundreds of additional cases would be filed against the defendants.

Hernias and Mesh

With more than one million hernia operations in the U.S. performed every year, the vast majority of them, more than 90%, used mesh to reinforce a tear in the abdominal wall.

The wall can tear for several reasons. Obesity is a condition that puts additional pressure on the abdominal wall. Some of us have inherited weaker tissue than others. Smoking and poor health can weaken the strength of the abdominal wall allowing intestines and abdominal organs to push past the wall, thus creating the hernia.  

Unlike polypropylene mesh, Strattice mesh is considered a biologic hernia mesh product. In this case, it is created from porcine or a pig tissue graft. Also called a xenographic graft, Strattice was specifically made to repair a hernia because they allegedly reinforce or bridge body wall defects.

First introduced to the market in 2008, the pigskin is intended to produce a “cross-linked graft,” allowing the implant and the tissue to grow together, strengthening and reinforcing the area of the abdominal wall torn, which allows the intestines to push through.

The graft is preserved in a phosphate-buffered aqueous solution and was intended to be an alternative to polypropylene and its associated problems such as the body’s rejection of a foreign substance, the hosting of infections, and mesh erosion.

Instead, plaintiffs contend that Strattice causes a risk of foreign body response and incites infections.

Most of the plaintiffs contend that the promises did not come to fruition. Instead, they experienced mesh infections, and, in some cases, the infected Strattice hernia mesh had to be removed. In removing a medical device intended to be a permanent implant, more damage is done to healthy tissue.

Plaintiffs contend they suffered pain, disfigurement, loss of enjoyment of life, physical injuries, and financial losses.

Ethicon, Bard, Atrium have all faced similar lawsuits over their thermoplastic polymer meshes made of polypropylene. This MCL is the first-time similar problems have been linked to a biologic mesh.

Biologic Meshes

While the vast number of surgical mesh is made from the polymer polypropylene, CollaMend, FortaGen, Permacol, Strattice, Surgisis, and XenMatriX come from porcine or pig dermis and submucosa. SurgiMend, Veritas Collagen Matrix contains bovine or cow-derived parts.

Traditionally, the biologic mesh is not believed to be as strong and resistant to recurrence as polypropylene mesh.

A researcher at Washington University in St. Louis surveyed opinions about how religious preferences might affect different mesh choices.

He found out that Catholics and Methodists are opposed to any medical product if aborted fetal tissue or embryonic stem cells are used but they consider porcine and bovine acceptable.

Under Jewish law, pork consumption is prohibited, but there are no laws regarding the use of non-kosher products. And there is no restriction on any products for Muslims even though they have restrictions on consuming beef and pork, as do Islamic principles.

Doctors should tell patients the source of their mesh under legal and ethical obligations, concluding the survey.

Other biologic meshes include AlloDerm, Flex HD, AlloMax Surgical Graft, which all contain cadaver-harvested dermis.

Other meshes, such as composite Parietex Composite and C-Qur, are made with fatty acids from fish.

Strattice Litigation

The lawsuits contend that cross-linked grafts can cause painful, ongoing infections and rejection of the implanted hernia mesh. According to the U.S. Food and Drug Administration, from September 1990 through September 2020, there were at least 450 adverse event reports connected to problems with Strattice hernia mesh, including six reports of patient deaths, 340 injury reports, and more than 100 reports of mesh malfunctioning.

The plaintiffs contend that aside from foreign body rejection, mesh erosion, migration, infection, and pain, some Strattice hernia mesh complications include:

  • Fever
  • Obstructions
  • Internal Bleeding
  • Rejection of the mesh
  • Organ punctures
  • Migration of the mesh away from the implant site
  • Gastrointestinal distress
  • Sexual difficulties
  • Abscesses
  • Abdominal swelling
  • Nerve damage
  • Death

Among the plaintiff all allege:

  • Design defect
  • A failure to warn the end-user doctors and patients about the risks
  • Negligence
  • A breach of warranties
  • The defendants engaged in fraud by misrepresenting the safety of Strattice
  • Manufacturers knew of problems with Strattice and marketed it anyway
  • Defendants failed to conduct proper pre and post-market testing

New Jersey MCL  

Ethicon’s family of multilayered hernia mesh, made by Johnson & Johnson, is pending in Superior Court in New Jersey. They include polypropylene-based mesh properties such as Proceed, Proceed Ventral, Physiomesh Flexible, Prolene 3D, and Prolene Hernia system, alleged to contribute to adhesion formation.

Late last year, Judge Porto appointed the leadership roles to oversee pretrial proceedings, arguing motions, taking depositions, and reviewing discovery.

Each plaintiff will retain their own lawyer for their mesh lawsuit. They will coordinate with the lead and co-lead counsel for the MCL litigation.

Obtain a Lawsuit Cash Advance for Your Hernia Mesh Claim

If you have a Strattice hernia mesh claim and are involved in the MCL litigation, obtaining a pre-settlement lawsuit loan can provide you with the funds you need without having to wait for your claim to be settled. A lawsuit cash advance offers numerous benefits compared to a conventional loan, making it an attractive option for individuals involved in hernia mesh lawsuits.

Some of the advantages of lawsuit funding include:

  • No Credit Checks: Unlike traditional loans, lawsuit cash advances do not require credit checks, making them accessible to individuals with less-than-perfect credit.
  • Non-Recourse Loans: Lawsuit cash advances are nonrecourse, which means you only have to pay back the loan if you recover compensation in your case. If you don’t recover any compensation, you owe nothing.
  • No Collateral Needed: Pre-settlement funding is secured by your eventual settlement, so collateral is not necessary to obtain this type of loan.

Experience the Direct Legal Funding Difference

Direct Legal Funding stands out as one of the top lawsuit loan companies in the US for several reasons:

  • Quick Funds: Direct Legal Funding issues loans quickly, usually within a day. This ensures that you have access to the money you need when you need it.  
  • Competitive Rates: We provide lawsuit cash advances at some of the lowest interest rates in the industry, which means with us, you are always getting the best deal.
  • Customer-Focused: Direct Legal Funding delivers exceptional service to its customers, ensuring a smooth experience that helps relieve some of the stress involved with the legal process.

If you are involved in a hernia mesh lawsuit and need funds upfront, contact Direct Legal Funding today to see what we can approve you for. Call us at 866-941-5588 or apply online to get started on your talcum powder lawsuit loan.

Sources:

New Jersey Courts
https://www.njcourts.gov/notices/2018/n180815a.pdf

MCL Notice to the Bar
https://www.njcourts.gov/notices/2021/n211014b.pdf

FDA and Strattice hernia mesh Maude report
https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfMAUDE/detail.cfm?mdrfoi__id=2422320\

Strattice tissue matrix
https://hcp.stratticetissuematrix.com/

Hernia facts
https://abouthernia.com/hernia-facts

N.J. Courts
Strattice Hernia Mesh Multicounty Litigation (MCL) Application

https://www.njcourts.gov › strattice › stratticeapp

https://www.njcourts.gov/attorneys/assets/mcl/strattice/stratticeapp.pdf?c=0jn

Mesh News Desk, Feb 7, 2012, Hernia from Hell Treated with Biologic Mesh
https://www.meshmedicaldevicenewsdesk.com/articles/hernia-from-hell-treated-with-biologic-mesh

Mesh News Desk, November 2012, Religious Preferences and the Makeup of your Mesh
https://www.meshmedicaldevicenewsdesk.com/articles/religious-preferences-and-the-makeup-of-your-mesh

Zantac Litigation

Posted on by karan k

Zantac, a heartburn drug made by Glaxo-Smith-Kline, Pfizer, Boehringer Ingelheim, and Sanofi, was used to decrease stomach acid. People suffering from gastroesophageal reflux disease, peptic ulcer, or Zollinger-Ellison syndrome took the drug by mouth or injection.

But in April 2020, the U.S. Food and Drug Administration (FDA) recalled Zantac, both over-the-counter (OTC) and prescription versions in the U.S., while sales were suspended in the European Union and Australia.

The problem with Zantac – it was found to contain NDMA, a known carcinogen.

Just before it was recalled, after more than 13 million prescriptions were issued, Zantac was the 53rd most commonly prescribed medication in the U.S.

The class of medication is ranitidine, and the problem is when exposed to heat, Zantac breaks down, forming NDMA (N-Nitrosodimethylamine) or N-nitrosamine. These are formed when a second or third amine reacts with a nitrosating agent.

N-nitrosamines are present in low levels in cured meats such as bacon, fermented foods, such as beer and cheese, even shampoo, and cleansers.

FDA Recall

In announcing the recall, the FDA said NDMA could increase in some ranitidine products over time, even when stored in standard room temperatures. The acceptable daily intake limit of NDMA is 96 nanograms per day, according to the agency.

Stores received letters from the FDA to withdraw their products from the shelves while consumers were advised to stop taking a ranitidine product, whether tablets or liquid, dispose of them properly, and not buy more.

Other drugs are approved for the same use as ranitidine without the same risks from NDMA, such as Pepcid, Tagamet, Nexium, Prevacid, and Prilosec.

It should be noted that Zantac 360 is not part of the recall. The company relaunched Zantac with a new name, Zantac 360, and a new ingredient, famotidine.

Because of NDMA contamination, another heartburn medication, Nizatidine, was recalled in January 2020 by manufacturer Mylan. Metformin, the diabetes drug taken by nearly 16 million people, has been found to contain NDMA and the FDA requested five firms recall their products.

The FDA has a list of 170 products recalled since May 2020 because they contain metformin.

While no one is certain how NDMA gets into the products, the contamination may come from recycled solvents used in manufacturing, the breakdown of unstable compounds, or a side reaction from drug syntheses. The source can be the manufacturing process, storage, and packaging.

Because ranitidine is an unstable drug, over time, the molecule degrades to form NDMA.

The Investigation

In the summer of 2019, the FDA became aware of an independent lab finding of NDMA in ranitidine.

Some food and water, including smoked and cured meats and air pollution, contain NDMA, but those lower levels are not linked to an increased risk of cancer, resulting from a sustained higher and cumulative exposure. 

In 2019 the FDA did not have enough data to suspend sales of Zantac. It was determined the levels found of NDMA were very low but by September 2019, the agency was ready to warn the public of the potential risks.

The story got even worse as further testing uncovered that NDMA levels increased under normal storage conditions. The unknown is the temperature exposure during distribution, shipping, and handling by consumers.

Regardless, data showed the older a ranitidine product, the greater level of NDMA, in a level above the acceptable daily limit.

Cancer Risk

Zantac was on the market for 40 years and was approved for use in over 31 countries.  

It was first approved in 1983 after a petition from its manufacturer Glaxo Holdings Ltd, a company part of GlaxoSmithKline PLC. Zantac was initially approved for the short-term treatment of ulcers.

Later it became popular for the treatment of gastroesophageal reflux disease (GERD).

Millions of patients have taken Zantac over the years.

Types of cancer include:

  • Breast cancer
  • Kidney cancer
  • Liver Cancer
  • Esophageal cancer
  • Colorectal cancer
  • Bladder cancer
  • Intestinal cancer
  • Lung cancer
  • Ovarian cancer
  • Pancreatic cancer
  • Prostate cancer
  • Stomach cancer
  • Testicular cancer
  • Thyroid cancer
  • Uterine cancer

Zantac Litigation

An MDL was consolidated in the Southern District of Florida, the Zantac (Ranitidine) Products Liability Litigation February 6, 2020 (MDL 2924) before Judge Robin L. Rosenberg. There are 1,573 pending cases as of October 15, 2021. Originally 1,619 were filed.

Plaintiffs who took the drug and later developed cancer seek compensation for pain, suffering, financial losses, medical bills, and loss of a loved one. They contend the drug is defectively designed, and the Zantac drug label failed to warn about cancer risks.

Plaintiffs claim they had no family history of cancer or any genetic markers. In some cases, patients taking Zantac also were diagnosed with Chron’s disease and primary pulmonary hypertension (PPH).

Plaintiffs taking Zantac for at least a year have a stronger case.

The Zantac MDL is currently in the final stages of depositions, concluded before expert reports and the bellwether trials. To date, there have been no trials concerning Zantac.

Several class actions are proposed in New Jersey, Florida, California, Connecticut, and Massachusetts. These class actions only require the plaintiff to have purchased the drug and do not relate to a cancer diagnosis.

Plaintiffs in those class actions can seek a refund for the purchase of the Zantac products. 

Involved in Zantac Litigation? Receive Part of Your Settlement Up Front with a Pre-Settlement Loan

If you are involved in the ongoing Zantac litigation, you may be eligible for a pre-settlement loan from Direct Legal Funding. Lawsuit loans offer numerous benefits, making them an attractive option for those awaiting settlements.

First, there are no credit checks involved in obtaining pre-settlement funding. This means that even if you have a poor credit history, you can still qualify for funding.

Secondly, these loans are non-recourse, meaning you only have to pay them back if you receive a settlement. If you don’t win your case, you don’t have to pay back the loan. This significantly reduces your financial risk.

Additionally, no collateral is needed for a lawsuit funding loan. You won’t have to worry about putting up your home, car, or other valuable assets as security. This makes the process easier and more accessible for those in need of financial assistance during their legal battle.

Choose Direct Legal Funding for the Best Deal on a Pre-Settlement Loan

Direct Legal Funding is one of the leading pre-settlement funding companies in the United States. We offer:

  • Fast Loan Issuance: We understand that time is of the essence for our clients, and we strive to issue loans quickly, usually within 24 hours of approval.
  • Competitive Interest Rates: We offer some of the lowest interest rates in the industry, ensuring that our clients receive the best possible deal on their loans.
  • Outstanding Customer Service: Our team is dedicated to providing exceptional service to our clients, making the entire loan process smooth and hassle-free.

By choosing Direct Legal Funding, you can alleviate some of the financial pressure associated with the Zantac litigation process. This can help you focus on your case and recovery without the added stress of mounting bills and expenses.

If you are involved in a talcum powder lawsuit and are in need of financial help, don’t hesitate to reach out to Direct Legal Funding. Call our office today at 866-941-5588 or apply now to get started on your pre-settlement lawsuit loan.

Sources:

FDA
https://www.fda.gov/news-events/press-announcements/fda-requests-removal-all-ranitidine-products-zantac-market

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/amneal-pharmaceuticals-llc-issues-voluntary-nationwide-recall-nizatidine-oral-solution-15-mgml-due#:~:text=Nizatidine%20Oral%20Solution%20is%20being,on%20results%20from%20laboratory%20tests.
https://www.fda.gov/news-events/press-announcements/fda-alerts-patients-and-health-care-professionals-nitrosamine-impurity-findings-certain-metformin

Clincalc.com
https://clincalc.com/DrugStats/Drugs/Ranitidine

TGA.gov.au
https://www.tga.gov.au/alert/ranitidine-0

C&EN
https://cen.acs.org/pharmaceuticals/pharmaceutical-chemicals/NDMA-contaminant-found-multiple-drugs/98/i15

FDA recalled metformin products
https://www.fda.gov/drugs/drug-safety-and-availability/search-list-recalled-metformin-products

JPML
https://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-October-15-2021.pdf

Good RX
https://www.goodrx.com/blog/zantac-new-version-famotidine/

Evidence Mounts in Talcum Powder Ovarian Cancer and Mesothelioma Cases

Posted on by karan k

Search for baby powder on Amazon these days, any baby powder, and you will find that all manufacturers now prominently display the “Talc Free” assurance.   

In 1893, Johnson & Johnson (J&J) first sold its Baby Powder to the public to prevent baby diaper rash. The original powder formula ended in 2020 when the company stopped U.S. sales due to the suspicion that talc tainted the powder. The company halted global sales in 2023.
Today J&J Baby Powder and the other brands, Gold Bond, for example, have substituted cornstarch for talc.

What’s Wrong with Talc?
Talcum powder is intended to be used externally to keep the body hygienic and dry.

Mined from the earth and ground into a powder used on the body, some advertised names were Gold Bond Medicated Body Powder, Summer’s Eve Body Powder, Nivea, Shower-to-Shower, Johnson’s Baby Powder, and Cashmere Bouquet. Talc has even been used in cosmetics and condoms.

Advertising targeted women suggesting that a sprinkle in the genital area would keep them fresh. “Just a sprinkle a day keeps odor away” was a 1980s ad for Shower-to-Shower. 

Specifically, J&J targeted African American women by advertising powder and distributing samples through churches and beauty salons.

Today, plaintiffs from all 50 states allege baby powder makers knew asbestos was often being mined alongside talc and had made its way into personal hygiene products, yet they failed to warn consumers.

Over 22,000 women are diagnosed with ovarian cancer, and more than 3,000 new mesothelioma cases are diagnosed in the U.S. annually.
Exposure to talcum powder can also come from makeup, building materials, plastics, paints, and paper products. Talc is used to purify wastewater. Talc mines pose the most risk of mesothelioma to workers.
The Evidence is Mounting

  • In 2018, Reuters reported that between 1971 and 2003, citing internal J&J company documents disclosed during litigation, the company knew J&J’s Baby Powder contained traces of asbestos.  
  • The same year asbestos was found in Claire’s makeup products marketed to teens, according to CBS News.
  • In 2019, J&J recalled 33,000 bottles of J&J Baby Powder after asbestos was found in a sample tested by the Food and Drug Administration (FDA). The following year J&J announced it would stop selling talc-based baby powder in the U.S. and Canada.
  • In 2020, a Daubert ruling allowed plaintiff experts to testify at trial. Defendant Johnson & Johnson had argued that the link between talcum powder and ovarian cancer was junk science, but the MDL judge said the jury should decide that issue.
  • In 2021, Bloomberg reported that scientists hand-picked by J&J wrote a 2009 report on the potential of talc-causing cancer. That didn’t stop the FDA from using it to decide not to warn the public about the risks of talc products.

JOHNSON & Johnson was the largest maker of talcum powder products, and today it represents the largest Multidistrict Litigation (MDL) currently pending. MDL No. 2738, Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation has more than 38,000 pending lawsuits, with more added daily.

The defendants are Johnson & Johnson and Imerys Talc.  

Other Defendants

Imerys Talc is the mining company that supplied the raw talc. Other defendants include Colgate-Palmolive, which made a talcum powder, Mennen, and is tied to mesothelioma litigation.

Gold Bond is a subsidiary of the French pharmaceutical company Sanofi. Besides menthol and zinc oxide, Gold Bond Baby Powder is now made with cornstarch.

Chattem, the previous owner of Gold Bond products, faces many lawsuits filed by women who have developed ovarian cancer.

Unlike the J&J cases where company documents confirm J&J knew asbestos could be contained in its baby powder, Gold Bond may not have the exact roadmap in those revealing internal documents.  

Then there is the question of whether asbestos causes cancer. The International Agency for Research on Cancer does not believe that powders that contain talcum are inherently dangerous, while the European Union has banned talc in health and beauty products.

Courts handling ovarian cancer/talc cases include the federal court in New Jersey; the state court in Atlantic County, New Jersey; Los Angeles Superior Court; and St. Louis Circuit Court in Missouri.f

Defendants are J&J Baby Powder; Shower-to-Shower; Gold Bond No Mess Powder Spray, Body Powder, Extra Strength Body Powder; Old Spice Powder; Colgate Palmolive; Proctor & Gamble Co.; Imery’s Talc North America (talc supplier); Whittaker, Clark & Daniels (distributor); and Vanderbilt Minerals (industrial talc).

Texas Two-Step

Unable to overturn a $4.7 billion jury award to 22 women who developed ovarian cancer and hundreds of more cases pending, Johnson & Johnson came up with a plan, a scheme really, to avoid billions in losses.

J&J created a subsidiary company, LTL Management LLC, and moved it to North Carolina. The company also moved its 38,000 asbestos talc cases there. With a value of $10 billion and liabilities equaling that amount, LTL filed for bankruptcy protection in October 2021, putting the brakes on talc litigation while a judge ruled on the legitimacy of the bankruptcy.

In January 2023, a Third Circuit judge rejected J&’J’s attempt to shortchange plaintiffs with its Texas two-step bankruptcy filing. The court dismissed the Chapter 11 bankruptcy causing J&J’s stock to drop significantly – 3% in a single day. J&J plans to appeal the ruling.

Meanwhile, MDL 2738 is growing significantly. So far, there have been no bellwether trials to gauge the relative value of these cases. Still, those that have gone to the jury have resulted in multi-million-dollar verdicts and, in some cases, millions and billions in punitive awards intended to deter the company from future action and to tell the healthcare giant just how disgusted they were with the company’s behavior.

Obtain a Presettlement Loan for Your J and J Talcum Powder Lawsuit

If you’re involved in a lawsuit against Johnson & Johnson or other manufacturers due to talcum powder-related injuries, obtaining a pre-settlement loan can allow you to get the funds you need without having to wait for your claim to be settled. Here are some of the benefits of lawsuit funding:

  • No Credit Checks: Unlike traditional loans, pre-settlement funding does not require credit checks, making them accessible to a wider range of people.
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  • No Collateral Needed: Unlike conventional loans that may require collateral, lawsuit funding is secured by your eventual settlement, so there is no collateral required.

Why Choose Direct Legal Funding?

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If you are involved in a talcum powder lawsuit and you need financial assistance, contact Direct Legal Funding today to find out how much you qualify for. Call our office at 866-941-5588 or apply online to get started.