Talcum powder is primarily made out of talc, which is a mineral comprised of magnesium, silicon, and oxygen. In 1892, Johnson and Johnson began to market talcum powder to women as a sanitary product that absorbed moisture and smells. Soon, it was being used in everything from baby powder and women’s cosmetics to condoms. It became so popular that some women even sprinkled talcum powder into their underwear on a daily basis to keep the area clean. Today, it is estimated that Johnson & Johnson takes in over $300 million in revenue per year from talcum powder products alone. These products include baby powders, body powders marketed towards adult women, foot powders, and feminine hygiene products.

The Discovery of Talcum Powder’s Harmful Effects

In the 1970s, scientists began to study the effects of talcum powder on women’s reproductive systems. Researchers believed talcum powder entered a woman’s reproductive system when used on the genitals and traveled all the way upwards into the ovaries. Through various studies, they found that the majority of tumors found in the ovaries contained small amounts of talc, which validated their beliefs. Similar studies were conducted throughout the late 1970s and 1980s, and all of them reached the same conclusion.

But, these studies only proved that talcum powder was present in ovarian tumors, not that it was a risk factor for ovarian cancer. Researchers then began to focus on determining whether women who used talcum powder were at a greater risk of developing ovarian cancer. A Harvard physician began to study the product in 1982 and found such a strong, undeniable link between talcum powder and certain types of cancer that he wrote Johnson & Johnson asking them to remove all products containing talc from the shelves. In 2003, researchers analyzed 16 different research papers and concluded talcum powder users had an increased risk of forming cancerous ovarian tumors. In 2013, another study confirmed this finding. Researchers studied almost 2,000 women and found those that used talcum powder as a feminine hygiene product were between 20-30% more likely to develop ovarian cancer.

The Talcum Powder Lawsuits

In 2006, a physician assistant in Sioux Falls, South Dakota named Diane Berg was diagnosed with ovarian cancer at the age of 49. Berg had been using talcum powder nearly her entire life to remove bad smells, but was completely unaware of the potential side effects of long-term use. She was not alone. Talcum powder manufacturers such as Johnson & Johnson did not include any warning labels on their product, despite allegations that they knew of the dangers of talcum powder as far back as 1971. Berg filed a lawsuit against Johnson & Johnson, who soon approached her with an offer to settle the case in exchange for her silence. Berg refused to sign the confidentiality agreement because she did not want to see other women suffer the same fate of being diagnosed with ovarian cancer.

Although Berg was the first to file a lawsuit regarding talcum powder, she was far from the last to do so. Most recently, judges in St. Louis ordered Johnson & Johnson to pay $127 million in damages to two families of women who died of ovarian cancer.

Why was there such a large settlement? One of the plaintiffs provided evidence that Johnson & Johnson knew of the potential dangers of using talcum powder, but intentionally kept the information secret in order to protect the company’s image. In 1992, an internal memo circulated between Johnson & Johnson employees discussed the ‚Äúnegative publicity from the health community on talc‚Äù as a huge obstacle for the company to overcome. In 1997, a toxicologist retained by the company to offer his opinion on ovarian cancer research, wrote a letter to the manager of preclinical toxicology, Michael Chudkowski. In the letter, he discusses multiple studies that indicate there is a link between talcum powder and ovarian cancer, and even advises that if Johnson & Johnson denies the existence of this link, they will be perceived just as negatively as cigarette companies.

Based on this evidence, it is clear Johnson & Johnson was aware there were risks associated with using talcum powder. The court punished Johnson & Johnson for their negligence and failure to warn consumers of the link between talcum powder and ovarian cancer.

Even though these cases have now come to a close, it is estimated that Johnson & Johnson and other talcum powder manufacturers still face around 1,200 additional lawsuits with similar claims.

The Future of Talcum Powder Lawsuits

Johnson & Johnson is planning to appeal the verdicts made in the two St. Louis cases. Through a spokesperson, the company stood behind‚30 years of studies by medical experts that support the safety of using talc.

Researchers have been unable to determine how talcum powder causes ovarian cancer, if it in fact does. However, as shown in the previous examples, that has not stopped juries from awarding large settlements to talcum powder consumers who now have ovarian cancer. How can Johnson & Johnson be held liable when there’s no scientific proof? Because plaintiffs have been able to show that Johnson & Johnson was aware of the potential risk but did not put a warning label on their product, they will most likely continue to be held liable in these cases. Manufacturers have a legal obligation to warn consumers of the potential dangers of using a product so consumers can make an educated decision on whether or not to use it. When manufacturers fail to fulfill this obligation, they become liable for injuries or deaths that occur as a result.

If you have been diagnosed with ovarian cancer and believe it is related to talcum powder or if you have been injured by another type of defective product, contact us today to discuss your case. Our product liability attorneys can help defend your rights and fight for compensation to cover your medical expenses, lost wages, and pain and suffering.

If you have been injured and are considering filing a lawsuit against the at-fault parties, you may be wondering exactly how much you would be awarded for your injuries. This is one of the first questions that clients ask attorneys when discussing their case, but it’s a difficult one to answer. Compensation is never guaranteed in personal injury lawsuits. The amount and type of compensation you are awarded will depend on the details of your case. But, to get an idea of how much other people have been awarded in personal injury lawsuits in Iowa, take a look at some of these verdicts:

Alcala v. Marriott International, Inc.

In 2014, Brenda Alcala was a guest at Courtyard by Marriott, a hotel chain owned by Marriott International, Inc. During her stay, she slipped on ice that had accumulated on a walkway and within the parking lot, and shattered her ankle as a result. She was forced to have two surgeries to repair her ankle, and had to switch jobs as a result of the chronic pain. Alcala filed a premises liability lawsuit against Marriott International, Inc. alleging that the hotel chain created a safety hazard by not clearing the ice.

The parties were not able to reach a settlement outside of court, so the case went to trial in February of 2014. The jury awarded Alcala over $1.2 million, which included $35,000 for past medical expenses, $250,000 for estimated future medical expenses, $50,000 for lost wages, $100,000 for estimated future lost wages, $400,000 for pain and suffering, and $400,000 for loss of function of the body.

Despite the large settlement, the jury did not believe Marriott International, Inc. was completely at fault for the incident. In the end, the jury placed 2% of the blame on the plaintiff and 98% on the defendant.

Antonio Arenas and Laura Perez v. University of Iowa Hospital

Antonio Arenas and Laura Perez filed a lawsuit against the University of Iowa Hospitals and Clinics after their daughter was born in 2012 with a brain injury. The couple claimed that the medical staff at the hospital failed to perform a C-section in a timely manner, and their newborn daughter suffered a birth injury as a result of this mistake.

Arenas and Perez were awarded nearly $2.2 million in the settlement of this case. Their daughter’s guardians will also be entitled to $1,000 per month, increasing at 3% annually, through November of 2028. After this time, the payments will increase to $2,570 per month, increasing at 3% annually, until November 2068. The university’s insurance policy is covering around 70% of this settlement, and the state of Iowa will also pay $1.1 million in total.

Jonathon and Martha Fountain v. University of Iowa Hospital

The University of Iowa Hospital was involved in another birth injury lawsuit in 2012. Jonathon and Martha Fountain claimed that their son was born with a number of injuries, including cerebral palsy, which he sustained because of the medical staff’s negligence. Ms. Fountain visited the hospital in 2007 to give birth, and was given the hormone Pitocin, which is administered to speed up labor. But, Ms. Fountain claimed that she was already experiencing severe contractions at this point, so there was no need to administer the hormone in the first place. If Pitocin is administered when it is not needed, it can actually do the opposite of what it is intended to do and prolong the labor because of excessive contractions. Babies are at a higher risk of suffering from injuries when labor is extended, so Ms. Fountain and her husband argued that the choice to administer Pitocin put her baby in harm’s way.

The couple’s baby was born when the doctor made the decision to perform a C-section after an astonishing 28 hours of labor. The couple alleged the medical staff had access to medical records that clearly showed the baby had brain damage, but they failed to take action to rectify the situation. The lawsuit came to an end in July of 2012, when the couple was awarded a $3.75 million settlement.

Plaintiff v. 633 Partners

A student of the University of Iowa was watching fireworks from her fire escape on the second floor of off-campus housing. The fire escape quickly became loose and fell to the ground, taking the student with it. The student suffered a hip fracture as a result of the fall and sued the off-campus facility to hold them accountable for her injuries. It was discovered that prior to the incident, the facility’s owner had replaced the siding on the building, and failed to secure the fire escape bolts to keep it attached. The property owner’s negligent mistake caused a serious mishap, and the defendant eventually settled with the plaintiff for $800,000 before the case was taken to court.

Plaintiff vs. Des Moines Area Regional Transit Authority (DART)

Unfortunately, there have been multiple lawsuits filed against DART by pedestrians who allege they were injured after being involved in an crash with a DART bus. In fact, DART even put new rules in place in 2009 to reduce the number of crashes. One of the rules prohibited drivers from making left hand turns because so many pedestrians were being injured when DART bus drivers turned left.

One of the largest settlements involved a 24-year-old pedestrian who was run over by a DART bus in downtown Des Moines, Iowa. She suffered multiple pelvic fractures and a concussion as a result of the incident. DART settled the case for $2.74 million to cover her current and future medical expenses, pain and suffering, and lost wages.

This list has been compiled based on our research and what is available to the public online. If you would like to discuss your case with an attorney to get a better idea of how much your claim is worth, contact us today to schedule a consultation with our team. 

Drunk driving isn’t just illegal, it’s also dangerous. Alcohol can severely impact a driver’s ability to multitask, judge distances, pay attention to the road, and steer a vehicle, which is why drunk drivers cause so many injuries and fatalities every year. In fact, it is estimated that 28 people are killed in accidents involving an alcohol-impaired driver everyday in the United States, and many more suffer serious injuries. When someone is injured or killed in a drunk driving accident, who is held responsible? Here are some of the parties that could be held liable:

Bars/Restaurants

Many people choose to drive drunk so they can get home after consuming alcohol at a bar or restaurant. In some cases, the licensed vendor that sold the drunk driver the alcohol can be held responsible for the victim’s injuries. However, the dram shop in Iowa states that the vendor can only be held liable if the drunk driver was served alcohol when they were already intoxicated or appeared to be intoxicated.

For example, let’s say a bartender continues to serve a man who is slurring his speech, uneasy on his feet, and visibly drunk. If this man gets into a car accident on his way home and injures or kills another driver, the vendor is liable since they continued to serve an intoxicated man alcohol. However, the vendor cannot be held liable if they immediately stopped serving the man drinks when they noticed that he appeared to be intoxicated.

Proving that a vendor is responsible for a victim’s injuries can be difficult since it requires retracing the drunk driver’s steps to determine where they were served alcohol and how much they drank. Even though it is challenging, it’s not impossible with the help of an experienced personal injury attorney.

Social Hosts

People who serve alcohol to guests at a private residence as opposed to a bar or restaurant are known as social hosts. These individuals can also be held liable for a victim’s injuries in certain situations. But in Iowa, social hosts can only be held liable if the drunk driver was a minor and obviously intoxicated.

For example, if a woman is hosting a dinner party at her house, she should know which of her guests are over the age of 21. She should also watch her guests carefully to determine who is visibly intoxicated or who is drinking so much that they will quickly become intoxicated so she can prevent them from consuming more alcohol. If the woman continues to serve a minor alcohol even though he is visibly intoxicated, she can be held liable if he crashes into another car and injures someone on his way home. Even if he wasn’t visibly intoxicated at the party, the woman can still be held liable if she served him so much alcohol that she should have known he would eventually become intoxicated.

As previously mentioned, the social host can only be held liable if the drunk driver was a minor. This means that a social host who serves alcohol to a legal adult even though they are noticeably intoxicated cannot be held liable if the adult injures or kills someone.

The Driver

In every personal injury or wrongful death claim, the victims must be able to prove that their injuries were caused by the defendant’s negligent behavior. There are many different types of negligent behavior, but one of them is drunk driving. Driving while under the influence of alcohol is considered a negligent behavior because it puts other drivers on the road in danger. As a result, drunk drivers are also held liable for injuries and fatalities caused in drunk driving accidents.

Multiple Parties

It’s important to note that multiple parties can be held liable for an accident. For example, let’s say a bartender serves alcohol to a man who is visibly intoxicated, and the man then gets into a car accident and seriously injures the other driver. In this case, both the bar and the other driver could be held liable since both contributed to the cause of the accident. The bar’s employee was negligent because he continued to serve someone who was already intoxicated, and the driver was negligent because he got behind the wheel after consuming alcohol. The victim in this accident would need to file a personal injury claim against both parties in order to recover as much compensation as possible.

Recovering Compensation in a Drunk Driving Accident

Victims who have been injured by a drunk driver may be able to recover economic, non-economic, and punitive damages by filing a personal injury claim. Economic damages are awarded to victims who have incurred expenses or suffered losses as a result of the accident. This type of compensation covers current and future medical bills, lost wages, and any other injury-related expense or loss.

Non-economic damages, which are often referred to as compensation for pain and suffering, are awarded to victims who have suffered due to their injuries. For example, victims who suffered painful injuries or who experienced a great deal of mental anguish after the accident could be awarded non-economic damages.

Drunk driving victims may be awarded punitive damages as well. Punitive damages are awarded in cases where the defendant acted with extreme negligence. These damages are not supposed to reimburse or compensate the victim for anything that they experienced as a result of the accident. Instead, these damages are meant to punish the defendant and deter negligent behavior in the future.

Have you been injured by a drunk driver? If so, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our skilled personal injury attorneys will fight tirelessly to recover the compensation you deserve for your injuries.’,’Drunk Driving Accidents: Who is Responsible?

Personal injuries can lead to major life setbacks and cause tremendous medical bills for victims. Anytime somebody is harmed due to the negligent actions of another person, they should be fairly compensated for their losses. At Trial Lawyers for Justice, we are here to help when you need to Cedar Rapids personal injury attorney. We understand these cases and will work to secure any compensation you are entitled to.

Choose Trial Lawyers For Justice For Help With Your Case

After sustaining a serious injury, you need help from an attorney with extensive experience handling these cases. Trial Lawyers for Justice is ready to get to work.

• We make sure that every personal injury client that we take receives personalized attention for their case because we believe this is the best way to meet their goals and needs.
• We have secured hundreds of millions of dollars on behalf of clients, including $13.86 million for a professional fighter who suffered a mild traumatic brain injury after a car crash and an $18.6 million verdict on behalf of a child who was run over by a garbage truck and lost his leg.
• We take all Cedar Rapids personal injury cases on a contingency fee basis, which means clients pay no legal fees until after we secure the compensation they deserve.

What Will An Attorney Do In A Personal Injury Case?

In the aftermath of sustaining a serious injury, an attorney is often necessary because they will have the resources to conduct a full investigation into the incident. A Cedar Rapids personal injury lawyer will:

• Obtain all evidence related to the case, including reports, video or photo surveillance, eyewitness statements, and more.
• Work with trusted medical professionals to fully evaluate their client and help assess the total compensable losses.
• Negotiate with all parties involved to obtain a fair settlement for their client.

Understanding How Personal Injuries Occur

Personal injury lawsuits in Cedar Rapids arise in numerous different ways, but they always revolve around the negligence of one person, company, or entity causing harm to another person. At Trial Lawyers for Justice, we regularly help those who have been injured due to the following:

• Car Crashes
• Truck Crashes
• Medical malpractice
• Medication errors
• Construction
• Product liability
• Police brutality
• Birth injuries
• Dog bites
• Motorcycle crashes
• Slip and fall
• Other premises injuries
• Train crashes
• Wrongful death

Injuries from these incidents can be severe. It is not uncommon for victims that we help to have sustained the following:

• Traumatic brain injuries
• Spinal cord drama with paralysis
• Broken and dislocated bones
• Serious lacerations
• Amputation injuries
• Internal bleeding or internal organ damage

Victims in these often sustain significant scarring and disfigurement as well as substantial emotional and psychological trauma.

How Much Compensation Is Available For A Personal Injury Claim?

If you or somebody you love sustains an injury caused by the negligence of another person, company, or entity, there may be various types of compensation available for your claim. At Trial Lawyers for Justice, we conduct full investigations into these cases in order to secure the following for our clients:

• Coverage of all medical expenses related to the injury
• Compensation for lost wages and benefits if a victim cannot work
• Pain and suffering as well as loss of personal enjoyment damages
• Possible punitive damages against a grossly negligent party

Reach Out To Our Legal Team Today

If you need a Cedar Rapids personal injury attorney, you can contact us for a free consultation of your case by clicking here or calling (866) 854-5529.

If you have been injured in a car crash caused by a negligent driver, you have the right to file a lawsuit against the at-fault party to recover compensation for your injuries. But, the lawsuit must be filed within a certain period of time after the accident occurred or it will be thrown out of court. This period of time is known as the statute of limitations, and it’s important for every car accident victim to be familiar with this law.

The Statute of Limitations on Car Crash Cases Involving Injuries

The statute of limitations on personal injury cases varies from state to state. In the state of Iowa, the statute of limitations on car crash cases involving injuries is two years. This means that people who have been injured in car crashes have two years from the date of the incident to file a lawsuit against the at-fault party. By filing a lawsuit, these victims may be able to recover compensation for their medical expenses, lost wages, and pain and suffering related to their injuries.

The Statute of Limitations on Car Crash Cases Involving Property Damage

Sometimes, people who are involved in car crashes are lucky enough to walk away from the crash without any injuries. Even if a crash does not cause any injuries, the collision could still be powerful enough to cause property damage. The statute of limitations on property damage claims is five years in Iowa. This means car crash victims have five years from the date of the crash to recover compensation for damage to their personal property. Therefore, if you miss the two-year deadline to file a personal injury claim, you still have time to recover compensation for property damage.

Victims should understand that they can recover compensation for any damaged property, not just their vehicle. For instance, if the bike secured to the back of your vehicle was damaged as a result of the collision, the at-fault party’s insurance company would be responsible for this damage. As long as you can provide proof of the damage, you will be able to recover compensation for it.

The Statute of Limitations on Wrongful Death Cases in Iowa

Sadly, many traffic crashes cause fatal injuries. When a fatal crash occurs, the victim’s surviving family members can file a wrongful death lawsuit instead of a personal injury lawsuit to recover compensation for their losses. The statute of limitations on wrongful death cases is two years in Iowa. However, the countdown on the two-year clock does not necessarily start on the date the accident occurred. Instead, it starts on the date of the victim’s death.

For example, let’s say someone is involved in a car crash and taken to the hospital with life-threatening injuries. The victim is treated in the hospital for several weeks before passing away as a result of their injuries. In this case, the victim’s family would have two years from the date of the victim’s death, not the date of the crash, to file a wrongful death claim against the negligent driver.

The Clock is Running During Negotiations With Insurance Companies

Most car crash victims will attempt to negotiate a settlement with the at-fault party’s insurance company prior to filing a lawsuit. In fact, the vast majority of car crash cases are resolved outside of the courtroom through these negotiations. Sometimes, the two parties are able to reach a settlement fairly quickly, however in other cases, the negotiations may continue for well over a year. It’s important for car crash victims to know that the clock is running during the negotiations with the insurance adjuster. You will not be allowed to file a lawsuit after the two-year statute of limitations has passed simply because you were tied up in negotiations.

Insurance adjusters know that, which is why many of them will attempt to stall the negotiations for as long as possible. This is one of the many reasons why it’s in your best interests to work with an experienced personal injury attorney. An attorney will ensure that the insurance adjuster does not use stall tactics to delay a settlement. If the insurance adjuster is not willing to make a reasonable offer, an attorney will file a lawsuit within the statute of limitations to pursue compensation in court. The lawsuit does not need to be fully resolved by the time the statute of limitations is up, but it does need to be filed.

What Happens If a Lawsuit is Filed Outside of the Statute of Limitations?

Some car crash victims attempt to file a lawsuit outside of the statute of limitations even though they know their time has run out. When this happens, the defendant named in the lawsuit usually asks the court to dismiss the case since the statute of limitations has expired. The judge presiding over the case will most likely grant the defendant’s request by dismissing the case and releasing the defendant from liability for the crash. Therefore, it is not worth it to attempt to file a lawsuit outside of the two-year window provided by law.

Were you injured in a car crash caused by a negligent driver? If so, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Car crash victims only have two years from the date of the incident to file a personal injury lawsuit. Two years may seem like a lot of time, but it can go by quickly. For this reason, it’s best to contact our law office as soon as possible after a crash. Our experienced personal injury attorneys will help you seek justice against the negligent parties and recover the compensation that you deserve for your injuries.