The state of California has now added glyphosate, the central ingredient in Monsanto’s Roundup® herbicide, to its list of carcinogenic chemicals. The CA Office of Environmental Health Hazard Assessment (OEHHA) first announced its intention to list glyphosate as cancer-causing in September 2015. The move was then delayed, due to Monsanto’s efforts to block the listing… Read more →
When we use a consumer product, we believe that its designers, manufacturers, and distributors have made sure the product is safe. Unfortunately, manufacturing flaws and other problems can result in consumer product-related injuries. While no product is completely safe, parties in the production and distribution “chain” have a duty to convey to consumers all possible risks associated with their product. If a responsible party fails to make a safe product and convey possible risks to consumers, they can be held culpable in a product liability lawsuit.
Approximately one-half of all emergency room visits are made by consumers who have been injured by a consumer product. A variety of products can cause consumer injuries, including medical devices, pharmaceutical drugs, toxic materials, industrial products, food, drinks, tobacco, baby products, airplanes, automobiles, and much more.
Any party in the production or distribution “chain” can be held liable in a product liability lawsuit. This includes the product’s designer, maker, wholesaler, distributor, retailer, or repairer. There are three main legal arguments used in product liability cases to establish culpability for a consumer’s product injury-related losses and suffering. These are negligence, breech of contract, and strict liability.
Under negligence, a party can be held responsible for consumer product injuries if they failed to do fulfill a duty in the making or marketing of the product. Under breech of warranty, the injured consumer may argue the manufacturer violated some explicit or implicit agreement with the consumer. In the case of strict liability, the injured consumer only has to show that the product was the proximate cause of their injuries. Even if the maker took every precaution to ensure their product was safe, they can still be held responsible under strict liability.
In most product liability cases, the injured party must show that the product was reasonably dangerous or somehow failed to meet consumer expectations. To deem a product reasonably dangerous, its risks typically must outweigh its intended benefits. When a product is more of a risk than a benefit to consumers, it can be considered defective.
If a defective product has seriously injured you or someone you love, you may be eligible to seek compensation for your losses and suffering in a product liability lawsuit. Please contact a qualified product liability attorney to help protect your interests in a product liability case.
No Question That Talc is Toxic, Toxicologist Says On June 12, 2017, Toxicology Expert Laura M. Plunkett clarified that talc is a toxic element to human bodies, and explained in detail how it leads to cancer. She did so during the sixth trial in St. Louis exploring the link between ovarian cancer and Johnson &… Read more →
EPA Probe Examines Evidence of Monsanto-EPA Collusion As public awareness about the dangers of Monsanto’s Roundup® herbicide grow, Environmental Protection Agency (EPA) Inspector General Arthur A. Elkins Jr. is carrying out a new probe into collusion between EPA employees and Monsanto. This probe follows the release of unsealed internal Monsanto emails as part of the… Read more →
Multi-Plaintiff Talc-Cancer Lawsuit Set for June in St. Louis On June 5, 2017, the first multi-plaintiff lawsuit regarding the cancer risk of Johnson & Johnson’s talc-based products will begin in Missouri state court. The five previous St. Louis trials involved a single plaintiff. Four of the five previous trials resulted in plaintiffs verdicts of over… Read more →
Over 800 individuals who developed non-Hodgkin’s lymphoma after exposure to Monsanto’s Roundup® are now suing the multibillion agribusiness giant Monsanto. The Miller Firm represents over 500 of the victims who developed non-Hodgkin’s lymphoma in the U.S. In May 2017, clients of The Miller Firm were interviewed and featured by both CNN and CBS. The CNN… Read more →
On May 4, 2017, a jury in St. Louis, Missouri, awarded $110 million to plaintiff Lois Slemp, who developed ovarian cancer after long-term use of Johnson & Johnson’s talcum powder products. Plaintiffs in three of the four previous talc litigations in the St. Louis Circuit Court were awarded verdicts totaling more than $200 million. When… Read more →
On April 18, 2017, after months of reviewing evidence, the five international judges who comprised the Monsanto Tribunal found that Monsanto was guilty of ecocide. This was the conclusion of a civil, international opinion tribunal held Oct. 14 through 16, 2016 at The Hague in the Netherlands, home to both the International Criminal Court (ICC)… Read more →
New Talc Trial Starts Next Week in Missouri The next trial in Missouri that addresses the increased cancer risk associated with the use of Johnson & Johnson’s talc-based products will begin April 10. Judge Rex Burlison will be presiding for the fourth time. In three of the four previous talcum powder-cancer risk trials, the plaintiffs… Read more →
Glyphosate, the primary ingredient in Monsanto’s Roundup®, has been linked to Non-Hodgkin lymphoma and deemed a probable carcinogen by the International Agency for Research on Cancer. The Miller Firm is co-lead counsel in the consolidated litigation against Monsanto on behalf of victims who have developed Non-Hodgkin lymphoma after exposure to Roundup®. New evidence in this… Read more →
Meta-Analysis Confirms Statistically Significant Ovarian Cancer Risk Increase Associated with Talc Use Dr. Paolo Boffetta, associate director for cancer prevention at The Tisch Cancer Institute of Mount Sinai Hospital, and his team carried out a meta-analysis of previous findings that found a “statistically significant link between women’s talcum-powder use and ovarian cancer,” according to NewsDay… Read more →
Plaintiffs suing Monsanto for concealing the carcinogenic properties of glyphosate and Roundup® are seeking the deposition of EPA employee Jess Rowland. Notably, Rowland retired from the EPA days after a Cancer Assessment Review Committee report was leaked to the press. The report stated the committee, which Rowland chaired, found insufficient evidence to determine glyphosate was… Read more →
Swann v. Johnson & Johnson is the fifth trial in Missouri and the plaintiff, Nora Daniels, developed ovarian cancer after using Johnson & Johnson’s products containing talcum powder. Plaintiffs in similar previous cases against Johnson & Johnson in 2016 were awarded multi-million dollar verdicts. Johnson & Johnson’s talc-based personal care products, such as its Baby Powder… Read more →
The Pesticide Action Network (PAN), which is an independent network of organizations that has been evaluating pesticides since the 80s, has reported multiple serious health and environmental risks associated with glyphosate, the primary ingredient in Monsanto’s Roundup® herbicide. PAN consists of more than 600 non-governmental organizations, groups, and individuals from over 60 countries and it… Read more →
In the latest efforts to protect its Roundup® weed-killer at the expense of public health and transparency, Monsanto tried to prevent the state of California from labeling Roundup® a probable carcinogen. Fresno County Superior Court Judge Kristi Kapetan denied Monsanto’s request to prevent California from warning residents that Roundup® causes cancer in an initial ruling… Read more →
In early 2017, Johnson & Johnson continues, unsuccessfully, to deter and avoid trials holding it accountable for the carcinogenic properties of its products containing talcum powder, such as its talc-based Baby Powder and Shower to Shower Absorbent Body Powder®. When used for feminine hygiene, the particles of the mineral talc in these products travel up… Read more →