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3M Finally Ends PFAS Production, But Legal Action Could Continue

Posted by David Brown 
· March 7, 2023 

3M is one of the most well-known and respected pharmaceutical companies in the world; however, it has had its fair share of legal troubles over the years, including mounting lawsuits related to its manufacture of polyfluoroalkyl substances (PFAS), which were found to lead to a variety of medical complications. Recently, 3M announced that it will stop producing the toxic chemicals by 2025, but it means that the company will still face significant legal liability related to environmental damage and health impacts of PFAS, which are “forever chemicals.”

Research has shown that these chemicals can build up in the environment and the human body, leading to a host of issues. There are a variety of reasons why the company is moving away from PFAS, and one of the biggest issues is the mounting legal issues that the company continues to face. For example, 3M is responsible for paying out a variety of lawsuits related to water contamination stemming from PFAS. Furthermore, research has shown that exposure to PFAS can lead to cancer and ulcerative colitis, meaning that 3M is responsible for people’s medical bills all over the world. Even though there are a variety of lawsuits the company is facing in the United States, other countries are taking action against PFAS as well.

Traditionally, PFAS was used to resist the build-up of oil, grease, and water. It has been used since the 1940s, and they have been used to make pizza boxes and non-stick pans recently. Unfortunately, PFAS can also be very dangerous. For example, the company was sued by firefighters who believe that PFAS in the foam led to a number of cancers. Furthermore, PFAS have also been used to make equipment that soldiers use when they fight overseas, causing them to develop complications as well.

Right now, 3M has already announced that it is working hard to transition its products away from PFAS, including those that have already been produced and are sitting on shelves. Sadly, that is going to be very difficult to do, as PFAS are “forever chemicals,” which means that they don’t break down that easily. It will be interesting to see what other steps 3M takes to mitigate the damage of PFAS and what other lawsuits could be filed.

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John Askin Files Lawsuit Against the NCAA and Notre Dame Regarding Administered Pain Medications and Neurological Damage

Posted by David Brown 
· March 2, 2023 

Without a doubt, the NCAA has found itself in the line of fire a significant number of times during the past few years. It appears that the antediluvian organization is slow to adjust, desperate to hang on to power and its revenue stream. It appears that the floodgates are fully opened, particularly with NIL in full force. Now, a number of other negative issues are coming to light, as John Askin filed a lawsuit in the state of Kentucky.

In Kentucky, which is where he lives, he names Notre Dame and the NCAA as defendants. He claims that the NCAA and Notre Dame are guilty of negligence and concealment. He claims that he suffered a significant amount of neurological damage stemming from his football career, but he also says that he was illegally forced to take pain medications in an effort to keep him on the field.

According to J. Bruce Miller, he asserts that doctors and trainers affiliated with the university were illegally giving him medication that was only intended for use by veterinarians on animals. He specifically named the drug Supac, but he also says that he was injected with Marcain, a drug known to lead to multiple side effects. He also says that multiple parties were aware of what was happening, as well as the possible risks of suffering significant traumatic brain injuries, but that the football team and NCAA did nothing.

He states that many of his symptoms were caused by repeated blows to the head, but that the care he needs to receive has prevented him from maintaining employment. He has developed a host of neurological issues as a result of his football career, and he claims that many of these issues were made worse because of the negligence the NCAA and Notre Dame showed towards his medical issues.

It remains to be seen whether more lawsuits will be filed against the NCAA, but it is obvious that something has to be done to protect the civil rights of their student-athletes, particularly given that they are not compensated for the time they spend on the field despite the significant amount of money they generate for the NCAA. Many interested parties will track the lawsuit as it makes its way through the court system.

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What to Know About the Amerisource Bergen Corp. DOJ Lawsuit

Posted by David Brown 
· February 28, 2023 

The United States Department of Justice has filed a lawsuit against AmerisourceBergen Corp. and its subsidiaries, alleging that they engaged in illegal practices in the distribution of prescription drugs. The lawsuit, which was filed in the Eastern District of Pennsylvania, accuses the company of violating the False Claims Act by failing to report suspicious orders of controlled substances, as well as engaging in illegal kickback schemes.

According to the complaint, AmerisourceBergen and its subsidiaries, including Good Neighbor Pharmacy, engaged in a scheme to increase profits by:

  • Distributing large quantities of drugs that were not medically necessary
  • Failing to report suspicious orders of controlled substances to the Drug Enforcement Administration (DEA)

Kickbacks – a major problem

The company is also accused of using its Good Neighbor Pharmacy network to pay illegal kickbacks to long-term care pharmacy providers in exchange for their business. Pharmaceutical kickbacks have had a notorious history in recent years and have featured industry giants like Novartis and Purdue Pharma suspected of and guilty of committing the act.

Origins of the case

The Justice Department’s investigation into AmerisourceBergen began in 2016, and the lawsuit is the latest development in the department’s efforts to crack down on illegal activities in the pharmaceutical industry. AmerisourceBergen is one of the largest drug distributors in the United States and supplies drugs to thousands of pharmacies across the country.

The complaint also alleged that the company knowingly circumvented its own internal controls and distributed misbranded drugs, including pre-signed prescriptions and other controlled substances. Misbranding, in this situation, refers to a drug distributed with the intent to mislead or deceive the purchaser, which in this case is the government and the taxpayers.

Accountability for the people

The False Claims Act allows the government to seek triple damages and penalties for each false claim, so the potential liability for AmerisourceBergen and its subsidiaries could be significant if they are found guilty of the allegations.

The Department of Justice has made it clear that they will hold accountable those companies and individuals who engage in illegal activities in the pharmaceutical industry. The lawsuit against AmerisourceBergen is a reminder that the government is committed to protecting taxpayers and the American public from illegal and fraudulent activities in the healthcare sector.

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The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· February 23, 2023 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

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Mall of America Settles Infamous Balcony Tragedy

Posted by David Brown 
· February 21, 2023 

Among nightmare stories, the 2019 tragedy of a five-year-old boy at the Mall of America ranks way up there. That boy, Landen, was arbitrarily picked up and thrown off one of the Mall’s internal balconies randomly. The culprit turned out to be an individual who had a long history of creating problems at the same shopping facility. Landen amazingly survived the attack, even falling almost 40 feet to the hard floor below. The guilty party, one Emmanuel Aranda, ended up with a 19-year prison sentence via a guilty plea to first-degree attempted murder.

As it turned out, Aranda was well-known to the Mall security team. He had already earned the shocking and unwanted title of being banned not once, but twice, from the Mall, yet he kept returning to cause more problems. Only the last time he decided to rage his anger of rejection from women on an innocent five-year-old who tragically caught Aranda’s attention at the wrong moment.

Landen’s family sued the Mall after the boy’s recovery, blaming the Mall management and security for failing to have stopped Aranda from entering again or at least not paying attention to him when present. Given the fact that Aranda’s record of behavior was no secret, any presence of the individual allowed by the Mall security made the Mall liable for whatever he did inside if allowed to enter, according to the lawsuit.

Given the ugly facts of the case, as well as the fact that the Mall could likely have defended itself extensively, both sides decided a settlement was the better direction to follow, with a mutual agreement to improve the facility’s policies about risks going forward.

Landen’s was not a full recovery. The boy experienced 15 different medical corrections, which included surgical removal of his spleen, resetting two broken arm bones as well as a leg, and multiple head fractures. One estimate pegged the medical care provided to the boy to be well over $1.7 million and climbing.

The settlement will include resources deemed sufficient enough to offset the expense of Landen’s recovery as well as sufficient operational changes so that a similar criminal risk doesn’t happen again.

 

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SpaceX Sued for $20 Million After a Delivery Accident Leads to Death of a Husband and Father

Posted by David Brown 
· February 16, 2023 

In June 2020, Carlos and Lucinne Venegas took their three children camping on the beach. Rising tides forced them to end their trip early and hit the road before the sun rose. Little did they know that an 18-wheeler stalled outside of SpaceX’s facility would change their lives forever.

The family vehicle crashed into the 18-wheeler, leading to spinal and leg injuries for Mrs. Venegas and all three children. Unfortunately, the blunt force trauma of the crash killed Mr. Venegas.

What exactly led to this crash, though? There is a difference of opinion on that matter. The Venegas family sought legal counsel that claims negligence of SpaceX’s part and filed a $20 million lawsuit.

SpaceX denies any responsibility and places all blame on the Venegas family. The company states that any driver using a reasonable amount of care could have avoided this crash.

The Venegas’s attorneys disagree. They say that Highway 4 – the location where the crash occurred – is a busy, dark, and narrow area, one that is not suitable for deliveries. Due to this, no amount of caution – especially when it’s dark or with people unfamiliar with the area – would be enough to stay safe.

The attorneys’ claim of negligence is based on the belief that the company should have practiced a reasonable amount of care itself. If SpaceX is going to have delivery vehicles stalled on the highway, they should make the necessary updates to that highway.

Those updates should include widening the area, posting warnings, and making sure it’s well-lit enough that drivers can safely navigate through the zone. And attorneys say that had they not rushed to build the facility, SpaceX might have taken the necessary steps to address these issues – or created a different delivery avenue into their facility.

SpaceX was eventually cleared of responsibility, however, as the crash didn’t occur on the company’s property but on a public highway. Additionally, the 18-wheeler in question was not a SpaceX vehicle – it was a third-party delivery driver and vehicle. The resigning judge stated that the company had no reason to think this driver would not safely perform his duties.

Regardless of who lies at fault, a father is dead, a mother and her children are injured, and their lives are forever changed. Hopefully, this story will be a reminder to everyone – families, companies, and drivers, alike – to be cautious and vigilant at all times.

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Attorney General’s DNA Forensic Genetic Geneology Program Helps to Solve Decades-Old Murder of Marysville Teen

Posted by David Brown 
· February 14, 2023 

Washington Attorney General Bob Ferguson recently announced that the DNA forensic genetic genealogy program from his office helped to solve the cold case murder of a Marysville teenager. The 24-year-old cold case went unsolved in spite of the murder weapon, an axe, being left behind by the perpetrator.

Jennifer Brinkman, 19-years-old, was found dead inside her family’s home in Marysville in 1998. The case went cold for two decades, until the December 5, 2022 announcement of the arrest of a 52-year-old man from Renton, Washington.

Marysville Police Department Chief Erik Scairpon stated that when he became police chief in 2020, he found a team who would not let go of the memory of Ms. Brinkman, nor her cold case. He said that members of the police department now rest easier, knowing that they performed their duty to Jennifer Brinkman, her loved ones, and to the community.

The City of Marysville also provided funds for the testing, along with the $1,241.55 provided by the Attorney General’s program.

The Washington Office of the Attorney General’s forensic genetic genealogy program has assisted with more than 30 cold case investigations. Three other cases were solved with the assistance of the program. They include:

  • A 1995 murder in Kitsap County
  • A 2003 violent rape of a 17 year-old in McCleary, WA
  • A 2003 and 2004 violent home invasion sexual assaults in Pullman, WA

The cases were uploaded to CODIS, the national criminal DNA database, with no successful results. Law enforcement officials and prosecutors have had considerable success solving cold cases using forensic genetic genealogy in recent years.

A genealogist takes DNA evidence and then uploads it to a public DNA database. The DNA database then allows access to its data, then uses the information to construct a family tree which identifies potential suspects who may not have an available DNA profile. Companies with public databases can conduct genealogical research to determine familial links to the DNA samples. Examples include a familial link to a sibling or a cousin.

The Attorney General’s Office has dedicated $220,000 thus far towards assisting local law enforcement agencies with solving felony cold case investigations through forensic genetic genealogy testing. The Department of Justice’s Office of Justice Programs recently announced nearly $160 million in grant awards to support crime laboratories, fund forensics research, and to decrease DNA backlogs, including to identify human remains.

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Catholic Dioceses, USA Gymnastics, The Boy Scouts of America Among Nonprofits Filing for Bankruptcy Amid Sexual Assault Lawsuits

Posted by David Brown 
· February 9, 2023 

In 2019, 23 states, Washington D.C., and two U.S. territories passed new laws to extend the civil statute of limitations expiration date for victims of childhood sexual abuse. The recent legislation allowed victims of older cases to sue their abusers and the organizations that were supposed to protect them. Most of the statute extensions last one or more years, and we continue to see the passage of new laws regularly.

The Nonprofit Organizations Found Safety in Bankruptcy Court

Sadly, in response to the lawsuits, many organizations that are defendants in the cases filed for relief in bankruptcy court. Among those filing bankruptcy are nonprofit organizations such as the Boy Scouts of America, the Boys and Girls Club, and Catholic Institutions.

Four of the defendants are New York dioceses facing over 500 claims of sexual abuse. All nonprofit groups filing for relief cite recent law changes, extending the time frame for child abuse victims to seek justice. The filings stalled the current civil actions and blocked victims from filing new cases in the future. The lawsuit plaintiffs had no choice but to negotiate settlements within the bankruptcy courts.

More Trauma for the Victims of Childhood Sexual Abuse

Bankruptcy courts across the United States are diminishing the impact of statute of limitations reform. Moreover, if the defendant files for relief in bankruptcy court, it can force victims to come forward and settle who isn’t ready yet. Missing the bankruptcy-claims deadlines can mean losing the chance to seek justice.

An investigation uncovered at least 23 bankruptcies filed by nonprofit organizations involved in child sexual abuse scandals that forced victims to keep compensation from a trust. One organization is USA Gymnastics, and the outpouring of lawsuits alleging abuse by the convicted child molester, Larry Nassar.

It is essential to note that organization bankruptcies do not provide individual protection for abusers. However, they granted immunity to the nonprofits that allowed the abuse to continue after victims came forward. Even so, the bankruptcy filings have devastated countless victims of childhood sexual abuse after legislation granted them the legal right to seek justice from the institutions that failed to protect them.

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“Liver King” Fitness Influencer Faces Multi-Million Dollar Lawsuit

Posted by David Brown 
· February 7, 2023 

Influencers have a very large following in the current environment, and not all of them are exactly what they seem. That includes Brian Johnson, one of the biggest fitness influencers in the world, who typically goes by the name “Liver King.” Now, he is facing a significant class action lawsuit alleging that he used deceptive marketing to sell his products.

The complaint, which was filed in New York, names Brian Johnson and his companies as defendants. The lawsuit accuses him of deceiving his customers. The lawsuit claims that, in his social media marketing strategy, he claimed that he got buff by consuming raw offal. The lawsuit claims that, in actuality, he got buff because of his rampant steroid habit. Johnson himself recently disclosed that he used steroids to build his physique.

Furthermore, the lawsuit claims that the habits Johnson was pushing are incredibly unsafe. In numerous videos, the lawsuit claims that he consumed a variety of raw testicles and organ meats in an effort to build his physique. Many people who followed his alleged habit developed a variety of food-borne illnesses. Consuming uncooked meat can be dangerous because it could expose you to toxins hiding in the food that are otherwise destroyed when you cook them.

Previously, the fitness influencer had denied consuming steroids but recently admitted that he was spending approximately $11,000 per month on steroids, which allowed him to keep the physique that he shows off in a lot of his videos. Even though the lawsuit is still in its very early stages, the prosecuting attorneys have indicated that they have gotten a significant amount of interest from other people who may have been harmed by watching his videos.

This lawsuit shines a light on just how dangerous social media can be. It is important for everyone to view influencers with a healthy amount of skepticism, as they are not always what they seem. Regardless, it is likely that the lawsuit will grow and widen and scope as more people learn of the dangerous habits that were being pushed by this fitness influencer. It will also be interesting to see if he faces any criminal charges in addition to the civil lawsuit he is already facing.

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Litigation Begins Over Lack of Refunds in Southwest Flight Delay Debacle

Posted by David Brown 
· February 2, 2023 

The fallout continues from Southwest Airlines’ recent failure to get travelers to their destinations over the 2022 holiday season. Wintry weather conditions stranded airline passengers on over 15,000 flights in late December.

The Dallas-based airline blamed the crisis on outmoded software for scheduling flights, as well as a dearth of personnel to work their flight routes. Unlike most other airlines, passengers cannot purchase tickets using third-party global distribution platforms. Everyone who flies with them is required to purchase their airline tickets either online or by booking directly with Southwest ticket agents.

Plaintiff Eric Capdeville of Marrero, Louisiana, through his attorney, Matthew B. Moreland, of Jim S. Hall & Associates, filed a contract lawsuit, Capdeville v Southwest Airlines Co, on Dec. 30 in New Orleans U.S. District Court for the Eastern District of Louisiana.

Plaintiff alleges breach of contract since the airline pledged to refund ticket costs and reimburse reasonable expenses like meal costs, rental cars and hotel charges for their stranded passengers.

The case is set to be heard by Judge Jay C. Zainey.

Plaintiff, who is seeking class-action status for the lawsuit, claims he and many others have yet to receive any compensation from Southwest Airlines. The petition further notes the company’s Contract of Carriage “mandates refunds … [and] full compensation for … costs and … cancellations for the failure of the carriage contract.”

In addition to the claims of breach of contract, Capdeville also included a claim for redhibition and seeks pre-judgment interest, as well as actual compensatory damages or other alternative provisions available under the airline’s Contract of Carriage.

The airline spokesperson has not yet commented on the pending litigation. Previously, Southwest stated that they intended to “do right by [their] customers,” and that “high priority efforts [were] underway” to remedy the damages their passengers suffered.

Bob Jordan, CEO of the beleaguered passenger carrier, acknowledged that Southwest’s “legacy systems” were overdue for an upgrade. According to U.S. Dept. Of Transportation Secretary Pete Buttigieg, the flight disruptions were unacceptable and arose from decisions the airline made and actions they took.

Southwest did not fully restore services until after Dec. 30. Meanwhile, other airlines had already rebounded days earlier from the storm’s setback.

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