Filemycompensation | Mass tort
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MASS TORT
2023

Talcum

Since the 1970s, dozens of studies have linked talcum powder to ovarian cancer. A risk that Johnson & Johnson has been aware of since the first study in 1971. Each year, more than 20,000 American women are diagnosed with ovarian cancer. Unfortunately, a portion of those is likely the result of talc. Studies consistently show women who use talc products on their genitals are at significant risk of developing ovarian cancer. Most often, this exposure comes from using products like Johnson and Johnson Baby Powder.

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Scientific Evidence that Talc Causes Cancer

In 1971, researchers found that applying talc-based baby powder to female genitals and a 30% greater risk of ovarian cancer. In fact, women who use the product regularly over an extended period of time are at an increased risk of developing ovarian cancer. Talcum powder does not break down in the body and can travel through a woman’s vagina, uterus and fallopian tubes and into her ovaries. When talc becomes embedded in the ovarian walls, it can cause irritation in the cell walls which may lead to cancer.

Talcum powder has been marketed and sold as a hygiene product for over a century. 

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What is Talc?
Talc is the softest mineral on Earth and occurs naturally throughout the world. Mining for the substance occurs in above ground talc mines in dozens of countries. It one of the most widely used substances in the world. In powder form, talc absorbs moisture and cuts down on friction. It’s found use in keeping skin dry and helping prevent rashes.

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Johnson & Johnson baby powder, is powdered talc, which consists of magnesium, silicon, and oxygen. Talc is a popular component of skin care and hygiene products because it keeps skin smooth and dry. It has also been used to help with rashes and promote “freshness” for women in their genital areas. Because talcum powder is classified as a cosmetic product, it doesn’t fall under the U.S. Food and Drug Administration (FDA) regulation. Because of this lack in oversight, warnings about its uses were not as strictly required as they would be for a medication.

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In its natural form, some talc contains asbestos. Asbestos is a known carcinogen that leads to cancer in and around the lungs when inhaled.

Roundup

Roundup, a cancer-causing weed killer, is a widely-used herbicide. Each year, in the U.S. approximately 250 million pounds of glyphosate are sprayed on crops, commercial nurseries, lawns, driveways, sidewalks, parks, and golf courses.

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Monsanto introduced Roundup in 1974 after discovering that glyphosate kills weeds by blocking proteins essential to plant growth. The company had exclusive rights to the chemical as a weed killer until 2000 when its patent expired. Today, more than 160 countries use more than 1.4 billion pounds of glyphosate every year.

The U.S. Environmental Protection Agency (EPA) believed glyphosate might cause cancer in the 1980s. While they reversed their decision based on a lack of convincing carcinogenicity evidence at the time, there has been significant growth in evidence linking glyphosate to cancer.

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What is Roundup’s Cancer Link?
Many Roundup products and similar products contain the ingredient glyphosate that has been considered “probably carcinogenic in humans” by the International Agency for Research on Cancer (IARC) based on “convincing evidence” that glyphosate causes cancer in laboratory animals. The most serious side effect from exposure to glyphosate (Roundup’s main ingredient) is the development of cancer, specifically Non-Hodgkin’s Lymphoma, leukaemia and B-cell lymphoma.

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Individuals who are most at risk for developing cancer are farmworkers and other individuals with workplace exposure, such as employees in garden centers, nurseries, and landscapers. 

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There have been reports of Roundup users being diagnosed with the following:

Leukaemia

Bone Cancer

B-cell Lymphoma

Non-Hodgkin’s Lymphoma

Paraquat

Paraquat dichloride is highly toxic and commercially used to prevent weed and grass growth near farms and crops. Farmers, labourers and agricultural workers are most at risk for exposure. Because of its toxicity and link to adverse health effects, anyone who handles the herbicide is required to have a license. Because of the ongoing litigation concerning Roundup, Paraquat’s use as an herbicide on U.S. farms is expected to grow. As a result, future farmers will remain at a higher risk of developing Parkinson’s disease.

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According to the Unified Parkinson’s Advocacy Council, the younger a person is when exposed to Paraquat increases the risk of developing Parkinson’s disease, anywhere from 200 to 600%.

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Facts about Paraquat

Paraquat is a toxic chemical that is widely used as an herbicide, primarily for weed and grass control on farms. In the United States, Paraquat is available primarily as a liquid in various strengths.

1.    Consistent scientific research studies link Paraquat to the neurological disorder Parkinson’s disease.

2.    Exposure to Paraquat within 1,600 feet increases the risk of Parkinson’s by 75%.

3.    The Unified Parkinson’s Advocacy Council urged the EPA to deny Paraquat’s registration.

4.    Paraquat is only available in the U.S. for commercially licensed users who completed an EPA-approved training course.

5.    The CDC considers Paraquat to be more toxic than other herbicides.

Paraquat’s toxicity

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Paraquat made its first appearance as an herbicide in the 1960s. Even in those early days, it was clear that the substance was an extremely deadly and toxic chemical, raising alarms for many communities across the world. When ingested, the herbicide is extremely toxic to mammals—including humans. It has the potential to cause acute respiratory distress syndrome (ARDS). In addition, according to the Centre’s for Disease Control and Prevention (CDC), ingesting Paraquat leads to failure in the liver, lung, heart and kidney up to 30 days after exposure. Further, in relation to Parkinson’s disease, recent scientific studies indicate: Paraquat increases the likelihood of an exposed person developing Parkinson’s disease.

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The long-term effects of Paraquat on a person is dose-dependent.

Combining Paraquat with other factors such as genetic disposition or widely used farming chemicals such as the fungicide maneb or the insecticide rotenone, the risk for developing Parkinson’s is even greater.

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In addition to developing Parkinson’s, chronic exposure through inhalation can also lead to lung damage, kidney failure, and heart failure and Esophageal strictures. Further, long-term exposure to Gram Oxone may lead to lung and eye damage.

Camp Lejeune

Camp Lejeune is a Marine base located in Jacksonville, North Carolina. Between January 1, 1953, and December 31, 1987, over one million people were exposed to toxic substances in the water supply wells that fed the camp.

Over a 34-year period, thousands of Marines, civilian contractors, and their families were exposed to this incredibly dangerous and toxic water. The families drank, cooked and bathed with this water. In 1982, the Marine Corps discovered specific volatile organic compounds that were provided by two of the eight water treatment plans on base. Most of the contaminated wells were shut down in 1985.

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If you or someone you know was affected by the Camp Lejeune water contamination issue, you may be entitled to compensation for past, current and future medical bills, lost wages, quality of life and much more.

What caused the Camp Lejeune Water Contamination?

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Water contamination at Camp Lejeune was caused by leaks and spills from various sources, including:

Leaking underground storage tanks

Industrial area spills

Wastewater disposal sites
 

In the early 1980s, as required by new Environmental Protection Agency (EPA) standards, the Marine Corps began monitoring Camp Lejeune water quality for volatile organic compounds (VOCs). According to the federal government, the Marine Corps didn’t discover VOCs until 1982. The VOCs included dry cleaning solvents, degreasers, and about 70 other hazardous chemicals.

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Side Effects of Contaminated Water Exposure

Currently, there is legislation making its way through Congress that will clear a path for Marine Corp Members, civilian contractors and their families who lived, served or worked at Camp Lejeune for more than 30 days to recover monetary damages for several illnesses and health conditions, those diagnosed with one or more of the following may be able to pursue compensation:

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Esophageal cancer, Breast cancer, Leukaemia, Aplastic Anemia and other myelodysplastic syndromes, Bladder cancer, Kidney cancer, Liver cancer, Multiple myeloma, non-Hodgkin’s lymphoma, Renal toxicity, Scleroderma, Miscarriage, Female infertility, Hepatic Steatosis (non-alcoholic fatty liver disease), Parkinson’s Disease.
 

Asbestos

Asbestos is the name of a group of six fibrous minerals that occur naturally in the environment. Chrysotile, amosite, crocidolite, and anthophyllite are the four fibers that are most commonly found. The properties in these fibers created a mineral that was exceptionally durable, excellent for insulating, and completely unaffected by and resistant to fire. Over the past century, the toxic substance was a widely-used ingredient in a multitude of different construction, insulation, and manufacturing materials.

Why are there asbestos lawsuits?

In most cases, asbestos exposure lawsuits are brought against companies for negligence. This negligence can occur as a result of heavy exposure to asbestos and inadequate protection. For example, construction workers may be exposed to asbestos through the removal of materials during renovations, repairs and demolitions. Their employer is required to provide them with personal respiratory protection.

In other cases, asbestos lawsuits can be brought against companies under product liability law.
 

Asbestos negligence claims

  1. Workers who have suffered lung injuries as the result of negligence must prove three elements:

  2. The defendant had a duty to protect the worker for asbestos exposure.

  3. There was a breach of duty.

  4. The breach of duty caused harm.
     

OSHA requires employers in most states to prevent harm to workers caused by asbestos. In fact, federal requirements mandate that employers monitor air quality in situations where asbestos is present.
 

Asbestos product liability claims
Manufacturers may be liable in asbestos exposure cases if their products contain asbestos. Products that contain asbestos may be unreasonably dangerous. Additionally, manufacturers can face potential lawsuits if the equipment is defective, exposing workers or consumers to asbestos.


Asbestos Related Injuries 

Lung Cancer, Throat Cancer, Esophageal Cancer, Stomach Cancer, Colon Cancer, Rectal Cancer, Anal Cancer, Intestinal Cancer, Mesothelioma

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Products Containing Asbestos

Asbestos has successfully been incorporated into a wide range of engineering applications. The various products that contain asbestos have been discussed elaborately in this section:
 

Automotive Parts

  • Asbestos is also employed in different automobile parts due to its durable and friction-resistant nature. 

  • These parts include linings for breaks, braking pads, shoes, clutch facings, etc.
     

Construction Industry

  • Many construction materials are manufactured with asbestos because the mineral is strong, lightweight, friction- and heat-resistant, and cheap. Asbestos can be found in cement pipes, cement mixes, ducts, electrical components, insulation, tiles, etc.

  • While Asbestos does find an inseparable eminence in the construction industry, its exposure can pose high health risks for workers.
     

Tile Industry

  • Asbestos is used in the manufacturing of various types of tiles found in commercial buildings and residential homes.

  • Though asbestos tiles are sealed with a protective coating, the dangerous fibres can still be dispersed into the air if the tiles are cut or damaged. So it is pertinent to handle them with utmost caution.

  • Asbestos tiles are typically used as Bathroom tiles, Ceiling tiles, Kitchen tiles, etc.

Mesothelioma

 What is mesothelioma and what causes it?

Mesothelioma is a type of cancer that affects the mesothelial cells, which are the cells that line the outer surface of most of the body's internal organs. The most common form of mesothelioma is pleural mesothelioma, which affects the lining of the lungs.
 

The primary cause of mesothelioma is exposure to asbestos, which is a naturally occurring mineral that was commonly used in construction, insulation, and other industries before its health risks were fully understood. When asbestos fibers are inhaled or ingested, they can become lodged in the lungs or other organs and cause inflammation, scarring, and eventually cancer.
 

Other factors that may contribute to the development of mesothelioma include smoking, radiation exposure, and certain genetic mutations.
 

However, asbestos exposure is by far the most significant risk factor for mesothelioma. It can take several decades after exposure for the cancer to develop, and there is currently no known cure for the disease. Treatment options include surgery, chemotherapy, and radiation therapy, as well as palliative care to manage symptoms and improve quality of life.

Tepezza

What Are Tepezza Lawsuits?

People are filing Tepezza lawsuits after they took the drug and suffered permanent hearing problems, such as hearing loss and tinnitus. According to lawsuits, the drug’s label doesn’t warn patients or doctors about the risk of hearing loss or tinnitus, and it doesn’t warn that these problems may be permanent. 

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he FDA approved Tepezza, also known as teprotumumab, to treat thyroid eye disease, or TED. The agency approved the drug in January 2020, and it’s the only drug available to treat TED. 
 

During clinical trials, about 10% of patients reported hearing issues. But a 2021 study found the risk could be as high as 65%. 

In July 2023, Horizon added the following warning to the drug’s label:

“Hearing Impairment Including Hearing Loss: Tepezza may cause severe hearing impairment including hearing loss, which in some cases may be permanent. Assess patients’ hearing before, during, and after treatment with Tepezza and consider the benefit-risk of treatment with patients.”

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Why File a Tepezza Lawsuit?

People who took Tepezza and suffered permanent hearing loss or tinnitus may file a Tepezza lawsuit to receive compensation for medical bills, pain and suffering, lost wages and decreased quality of life. Filing a lawsuit may also help warn other patients about the risks of taking Tepezza. 

These permanent side effects of Tepezza don’t just cost money, they can also decrease a person’s quality of life. Studies show permanent hearing loss or tinnitus can make it difficult to understand others, potentially  leading to feelings of frustration, anxiety and depression. 
 

Tepezza Hearing Loss

In a study of 26 people who had at least four infusions of Tepezza, 23% suffered hearing loss. Study authors said hearing loss was new or worse after taking the drug.

For some patients, the symptoms went away a few months after stopping the drug. However, others continued to experience symptoms even after stopping treatment. 
 

Tepezza Tinnitus

In the same study, 27% of people who took Tepezza suffered tinnitus, or ringing in the ears. Some patients’ symptoms resolved after a few months. 

Study authors said they didn’t know if symptoms could be reversed in patients whose tinnitus continued after stopping treatment. 

Ozempic

Ozempic is the popular brand name for semaglutide, a prescription drug approved for the treatment of type-2 diabetes. Ozempic is also commonly used as a weight management drug. Recent scientific studies have shown that taking Ozempic, particularly at higher doses, can cause gallstones and gallbladder disease, which frequently results in surgical removal of the gallbladder.
 

Until very recently, the warning label for Ozempic did not properly notify patients or doctors about the risk of gallbladder disease. Anyone who suffered gallbladder disease or gallstones after taking Ozempic may be able to get financial compensation for their injuries by filing a product liability lawsuit. There are now lawsuits against Ozempic in 2023 – the makers of drug, actually – that will likely evolve soon into an MDL class action lawsuit.

 

About Ozempic

Ozempic (generically known as semaglutide), is a prescription medication that is used in the management of type 2 diabetes. Ozempic is part of a class of drugs known as glucagon-like peptide-1 (GLP-1) receptor agonists. GLP-1 is a hormone in the body that gets released in response to food intake and helps regulate blood sugar levels. There is also evidence that Ozempic can induce weight loss in people with obesity, even those without diabetes.  Ozempic is approved for the management of type-2 diabetes. Recently, however, Ozempic has been prescribed by doctors to treat obesity and for weight management.
 

Ozempic is manufactured by the Dutch pharmaceutical company Novo Nordisk, which focuses primarily on the development and sale of diabetes drugs. Ozempic was first developed by Novo Nordisk in 2012, and it was approved for use by the FDA and released on the U.S. market in December 2017. In 2021, a higher-dose version of Ozempic (sold under the brand name Wegovy) was approved by the FDA.
 

Ozempic (and other GLP-1 drugs) work by stimulating the production of insulin after meals.  GLP-1 is a naturally occurring peptide in the body that helps control blood sugar levels. GLP-1 agonists mimic the effects of this peptide, making them useful in the treatment of type 2 diabetes.

So this drug helps to reduce blood sugar to normal levels. Ozempic also slows down the digestive process, which also helps to maintain normal glucose levels. Ozempic is administered as a once-weekly injection with a minimum dosage of 0.25 mg and a maximum dose of 1 mg.
 

Beyond its primary use for diabetes, the weight loss effects of Ozempic, observed during clinical trials, led to further exploration of the drug’s potential in this area. As a result, semaglutide has also been approved in higher doses under the name “Wegovy,” for chronic weight management.

Evidence Links Ozempic to Gallbladder Disease
 

A series of published scientific studies and reports dating back to 2017 have established that taking Ozempic can cause gallstones and gallbladder disease. In 2017, the results of a meta-analysis on the effect of Ozempic on pancreatitis and gallbladder disease were published in the journal Diabetes, Obesity & Metabolism. This study was the first to report findings that Ozempic use was associated with an increased risk of gallbladder disease.
 

The most significant evidence came when a Research Letter was published in the journal JAMA Internal Medicine in August 2022. The letter cited evidence definitively showing that Ozempic users had a significantly higher risk of gallstones and acute gallbladder disease. The findings in this letter were based on a review conducted by the Food and Drug Administration using data from the FDA Adverse Event Reporting System (FAERS).
 

The study concluded that there was an increased risk of both gallstones (cholelithiasis) (RR 1.27; and acute gallbladder disease (cholecystitis) with Ozempic compared to placebo or active comparator. The researchers also concluded that the risk of gallbladder problems from Ozempic was higher when the drug was at higher doses, for longer durations, and when the drug was used for weight loss.
 

The exact reason why Ozempic may increase the risk of gallbladder disease is not fully understood. However, it is thought that Ozempic may cause the gallbladder to produce more bile, which can lead to the formation of gallstones. Of course, the “why’ matters less.  What seems almost certain now is that Ozemipic gallbladder disease is a problem patients did not know was coming.
 

About Gallbladder Disease and Gallstones

Gallbladder disease is an umbrella term that is used to refer to various diseases that are known to impact the gallbladder, including gallstones (cholelithiasis), inflammation (cholecystitis), and cancer. Gallbladder disease is a condition that affects the gallbladder, a small organ that stores bile. Bile is the digestive fluid that helps to break down fats in the intestines.

Cholecystitis, or inflammation of the gallbladder, is usually caused by blockage of the tube leading out of the gallbladder. It is a serious condition that must be treated immediately to avoid potentially fatal complications. The most common treatment for cholecystitis is removal of the gallbladder.
 

Gallstones (cholelithiasis) are hard deposits that develop inside the gallbladder. They can get as big as a gold ball in some cases. Gallstones are categorized into 2 different types: cholesterol stones and pigment stones. Cholesterol stones are more common and comprised of excess cholesterol. Pigment stones are formed from bilirubin, a byproduct of the breakdown of red blood cells in the liver.
 

Ozempic Gallbladder Lawsuits

The drug warning label for Ozempic was changed in March 2022 to include a specific warning about gallbladder disease. Before this amendment was made, however, the warning label for Ozempic said nothing at all about gallstones or gallbladder disease. Doctors and patients were left in the dark about the risk of gallbladder disease or gallstones associated with Ozempic.

Anyone who used Ozempic before the new warning label was added and was diagnosed with gallstones, cholecystitis or other gallbladder conditions could be entitled to financial compensation. Product liability lawsuits are being brought against the manufacturer of Ozempic on the grounds that it negligently failed to warn about the risk of gallbladder disease associated with the drug.
 

Estimated Settlement Amounts for an Ozempic Lawsuit

Estimating the potential settlement value of new product liability cases like this is almost impossible to do with any real accuracy. That is particularly true with the Ozempic gallbladder lawsuits because they are very new. At this point, we don’t know how the scientific evidence behind these cases is going to hold up in court. That is a major variable in any defective drug case.

What our lawyers can do, however, is provide an educated guess as to the possible settlement compensation payout range of Ozempic cases based on various assumptions about the causation evidence. Based on these significant assumptions, our attorneys believe that a successful Ozempic lawsuit could have a settlement value range of $400,000 to $700,000. This is the settlement value estimate for the “top tier” Ozempic cases, which would be those in which the plaintiff suffered gallbladder removal or death.
 

New Ozempic Warning

On September 28, 2023, the FDA added a new warning to the Ozempic label about the potential for increased risk of ileus, a blockage that keeps food or liquid from passing through the colon.

The new warning on the Ozempic label states that:

Ileus: Ileus is a serious but rare side effect that has been reported in patients taking Ozempic. Ileus can cause abdominal pain, nausea, vomiting, and constipation. If you experience any of these symptoms, contact your healthcare provider immediately.
 

The FDA also recommends that healthcare providers monitor patients taking Ozempic for signs and symptoms of ileus, and that they consider discontinuing Ozempic if ileus is suspected.

The point being underscored here is that we have a drug on the market, but the risks of the drug are far from nailed down.

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