If you get into an accident on someone else’s premises, you can get ample damages for your injuries. Learn how A Columbus OH premises liability lawyer can help.
There are many reasons why we may find ourselves on commercial properties that we don’t own. From visiting a shopping mall or swimming in a public pool, we sometimes place our safety in the hands of a property owner. As we do, we trust that they will provide safe premises and keep us away from all dangerous conditions. Unfortunately, however, this is not always the case.
Sometimes, a property owner’s acts of negligence can cause accidents for us in their premises. When that happens, and we sustain significant bodily harm, Ohio’s premises liability laws allow us to claim compensation. Such negligent property owners will foot the medical expenses as well as pay other types of damages.
However, to increase your chances of winning your premises liability lawsuits or claims, you need an experienced premises liability lawyer. Your accident lawyers will provide you with all the legal help they can offer to ensure that you get justice. Many times, they also offer you emotional support to help you heal nicely.
Many personal injury cases are also common premises liability cases. They are:
Slips and falls are undoubtedly the most common types of premises liability cases in Ohio. According to The National Floor Safety Insititute (NFSI), falls account for over 8 million hospital emergency room visits, making it the leading cause of visits. Slips and falls can cause severe injuries ranging from fractures to traumatic brain injuries and soft tissue injuries. In some cases, a victim may also suffer neck injury and spinal cord injury.
Slips and falls happen when something causes you to lose balance, trip, and sustain injuries due to a resulting fall. This type of accident usually occurs in grocery stores, restaurants, workplaces, and parking lots. The most common causes of slips and falls include wet floors, poor safety practices, and environmental hazards.
Swimming is an amazing recreational activity. However, it’s also quite easy to sustain severe injuries from poorly managed or maintained swimming pools. That’s especially where there are children in unsupervised areas. In swimming pool accidents, the property owners will be liable to pay damages where:
When a property owner has dogs in their premises, they must ensure that the dogs harm no one. That’s especially when the injured person wasn’t teasing or abusing the dogs. Ohio uses the strict liability rule when it comes to dog bites. That is, the injured party doesn’t need to prove that the dog owner was negligent in controlling the dog.
In Columbus, building owners have a duty to ensure that they provide adequate security on their premises. For large premises and business owners, this may mean employing door attendants or security guards. In addition, if someone breaks into such a building and assaults someone, the injured person can bring an action against the property owner.
Many people have sustained severe injuries due to escalator malfunction in shopping malls and many other public places. Most times, such accidents are a direct result of faulty maintenance and overuse. Since elevators are delicate technology, property owners must pay adequate attention to hazards that may cause injuries to their guests. Failure to carry out standard routine inspections on such escalators and elevators can lead to a commercial premises liability claim.
There are many other places where premises liability claims may arise from hotels to restaurants and parking lots.
Sustaining a premises injury isn’t enough to guarantee your financial compensation in an injury claim or lawsuit. To succeed in a premises liability case, you must prove all of the following:
Hazardous conditions refer to anything likely to cause an accident or injury on a property. Many adverse conditions can pose a risk in buildings, from wet surfaces to cracked flooring, inadequate lighting, and faulty wiring. To win a premises liability claim, you must prove the presence of any of such unsafe conditions.
You can only bring a premises liability claim against someone whose duty was to ensure the safety of the premises. Most times, such a responsible party is the property owner or manager. Therefore, filing a claim against someone else may be futile.
You may also need to show that the premises owner knew about the dangerous condition and took no steps to repair them. But, again, you can also allege that they didn’t warn about such unsafe conditions.
Apart from sustaining injuries on the premises, you must show that the injuries were a direct consequence of the accident. To gather ample evidence for your premises liability case, your personal injury lawyer may need to provide the following evidence:
One of the most important tips to winning a premises liability case is to hire an experienced premises liability lawyer. Your premises liability lawyer or personal injury attorney will offer you the following essential legal services:
The success of your case hinges significantly on your ability to provide enough evidence to sustain your claims. As such, your experienced attorney will conduct independent investigations to build a strong case against the defendants.
Your lawyers will negotiate with the necessary insurance companies to ensure you receive adequate compensation for your injuries.
From preparing legal documents to filing them promptly, your attorney will handle all the complex paperwork in your case. They will also ensure that you don’t fall foul of any of your duties and obligations in the case.
If you have to file a premises liability lawsuit, your lawyer will argue your case convincingly in court.
Your lawyer will provide you with reports about your cases’ progress and offer you quality legal advice where needed.
It is the duty of every property owner to ensure that they keep their premises safe for the authorized public. So, if you had an injury because a premises owner negligently disregarded their duty of care, you deserve fair compensation. Our Columbus premises liability lawyers at Babin Law will help you build a strong case and get financial compensation quickly.
Regardless of how complicated you feel your premises liability case is, we’ll always get you the results you desire. Again, we are available 24/7 to attend to any legal concerns or questions you may have regarding your case. What’s more, we can handle your case on a contingency basis to ensure that nothing stands in the way of justice. Contact us for a free consultation immediately.
You deserve compensation if you get into an accident caused by a drunk driver. Learn about DUI accidents and the function of Columbus OH DUI accident lawyers.
There are several factors, actions, and inactions that can lead to a car accident. One of them is driving under the influence of alcohol or drugs. Drunk driving accidents are quite common in Columbus, Ohio, and other parts of the United States. According to the Centers for Disease Control and Prevention (CDC), 29 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver every day. This is one death every 50 minutes. In addition, the annual cost of alcohol-related crashes totals more than $44 billion.
The frequency of drunk driving accidents makes drunk drivers a threat to the safety of other road users. Thankfully, when a drunk driver causes a traffic collision, there are consequences. These consequences are both criminal and civil. The civil liability of an impaired driver entails paying compensation to the accident victim.
To get adequate compensation, accident victims need to get legal representation from a drunk driving accident lawyer. At Babin Law, our attorneys have helped victims of drunk driving accidents get justice. We also ensure you get the maximum compensation.
Driving under the influence of alcohol claims thousands of lives. In 2019, 10,142 fatalities were resulting from motor vehicle accidents involving impaired driving. Under Ohio OVI (operating a vehicle impaired) law, drivers face drunk driving charges if they have more than 0.08% blood alcohol content. This legal limit is for adults above the age of 21. Ohio has a zero-tolerance rule for underage drivers; teen drivers must keep their BAC below 0.02%.
Ordinarily, a driver who operates a vehicle beyond legal alcohol consumption commits a traffic offense. However, if there is a motor vehicle accident, it goes beyond violating traffic rules to a criminal offense. As a result, the fault party could face a misdemeanor charge or a felony charge. When this happens, the punishment goes beyond license suspension to jail sentences and fines.
An example of a felony DUI is getting arrested with a significant amount of illegal drugs content in the blood. Even if the medication is prescription drugs, the driver might still face criminal charges if they fail the field sobriety test conducted by the arresting police officer. So, it's best to seek alternative transportation if you consume alcohol or drugs that affect your cognitive functions.
Alcohol consumption has a severe impact on a person's ability to control a vehicle adequately. Depending on the level of alcohol consumed, a person with physical control of an automobile will experience:
All these reduce the driver's ability to control themselves behind the wheel. Thus, drunk drivers drive recklessly, beyond the speed limit, and disobey traffic laws. By doing this, they cause injury or fatal crashes in the form of car accidents, motorcycle accidents, pedestrian accidents, etc. If you were involved in a traffic collision involving a drunk motorist, a personal injury lawyer could help you get compensation.
A motor vehicle accident is a traumatic experience for anyone involved. It could lead to physical injury and emotional distress for the accident victim. This unbalanced state of mind might derail the victim and keep them from taking the proper steps. The wrong actions could jeopardize your personal injury claim and affect your financial compensation.
Thus, to ensure you get maximum compensation for accident injuries and property damage, our Columbus drunk driving attorneys advise you to take these steps.
In Ohio, different law enforcement agencies respond at an accident site. This could be the Columbus Police Department, the sheriff's office, or the Ohio State Highway Patrol. Calling the police will also ensure first responders arrive at the accident scene as soon as possible. Your testimony to the police at the crash scene and other information would constitute the accident report, a crucial piece of evidence if you hope to get fair compensation.
Once the police divert traffic from the accident scene, you can take photos. However, if the accident caused severe injuries, you may be unable to do this yourself. In this instance, you or your lawyer can ask the police for copies of the photos they took of the accident. Pictures show traffic flow, skid marks, point of contact, broken glass, injuries, etc.
The fault driver is usually a stranger and someone you may never see again, so if your injuries allow, get as much information as you can from them. This includes their auto insurance company and policy number, driver's license, vehicle registration, etc. Try to do this before the law enforcement officer arrests them for drunk driving. Again, if you can't do this at the scene, ask your legal team to help you collect evidence.
You should contact a lawyer as soon as possible after a Columbus DUI accident. This is more urgent if the accident kept you hospitalized. An attorney will do a lot for you, including ensuring that you get monetary compensation from the intoxicated driver who caused the accident.
Just because an intoxicated driver faces criminal charges doesn't mean they won't face civil action. Ohio law allows accident victims in a drunk driving crash to get compensation. Thus, in Columbus, Ohio, victims of a drunk driving accident will get the following damages:
This refers to the compensation for the losses suffered by the victim. It is also known as economic damages and encompasses:
If the drunk driver caused a fatal car accident, they'd also pay for funeral and burial expenses in a wrongful death claim. Actual damages are easy to calculate as they have a fixed monetary value.
This refers mostly to the emotional and psychological harm a person suffers due to an accident. Unlike actual damages, general damages have no fixed dollar value. Hence, courts and insurance companies use a multiplier method to arrive at what the victim gets. It includes:
When the fault driver has like two to three DUI convictions, the victim may get punitive damages. This compensation is meant to punish habitual offenders and deter others from following the same path. Notably, only courts can award this compensation.
This is one question accident victims always ask. However, just because the facts point to you as a victim does not mean you'll get maximum compensation from the fault driver. Keep in mind that insurance adjusters are always looking for ways to blame you and reduce your settlement.
To help you make this all-important decision, we share some key benefits of hiring a DUI accident lawyer in Columbus, Ohio.
At Babin Law, our team of Ohio Lawyers has extensive experience and knowledge in helping DUI accident victims get compensation. We know this is a difficult time for you, and we'll do all we can to ease your pain and get you justice. Get in touch with us today for a free initial consultation.
Ohio dogs often inflict injuries and death on individuals. So, learn everything about Ohio dog bite claims and why you need a Columbus OH dog bite lawyer.
US citizens, especially Ohio residents, are great dog lovers who often care for their dogs correctly. But, unfortunately, these same dogs can attack innocent passers-by. When such attacks occur, victims often escape with varying degrees of severe injuries. Dog bites could even cause the victim’s deaths. For example, in 2020 alone, about 46 US citizens died from dog bites.
That’s why it’s great that Ohio law holds dog owners responsible for any attacks on other people. Wounded Columbus residents can file dog bite injury claims against the dog owners. However, they’ll need an excellent Columbus dog bite lawyer. Fortunately, Babin Law has the experienced dog bite injury attorneys to help you.
Suppose you suffer the grueling experience of a dog bite in Ohio. Ohio’s animal bite statutes allow you to hold the owner accountable for your injuries. A dedicated dog bite lawyer can guide you through the legal process and ensure you get a fair settlement. Firstly, you can institute a personal injury lawsuit.
Conversely, you can file a claim with the owner’s insurance company. Some animal owners include bite incidents in their insurance policies. Therefore, you can recover fair compensation to the extent of their insurance coverage. Beyond this amount, the dog owner would be personally responsible for paying any damages for your bite injury.
Sometimes, animal attacks result in the death of the bite victim. In such cases, the deceased’s estate can also file a wrongful death claim. Furthermore, in Ohio, the dog doesn’t need to have a history of bad behavior or bite accidents. Instead, you can sue the owner even if you’re the first person their dog bites.
Generally, Ohio imposes strict liability on Ohio dog owners for bite incidents. However, there are exceptions to this strict liability. We explain some of such instances below.
If the injury victim were trespassing on the dog owner’s property, the owner wouldn’t be liable for any bites. An attempted trespass can also remove the strict liability. Furthermore, if the person were trying to commit a criminal offense, a dog bite wouldn’t create liability. Notably, though, the crime mustn’t be a “minor misdemeanor.”
If the dog were teased, tormented, or abused, the owner wouldn’t be liable if the dog bites its attacker in defense. In addition, the plaintiff would have to prove they didn’t tease, torment, or abuse the dog.
Both actions can provoke the dog to attack a person. If the dog does, it wouldn’t matter that the victim was acting innocently or unintentionally. However, the case is different if the dog bit a child. Again, Ohio law protects solicitors, such as door-to-door salespersons, from dog bites, even if they don’t have permits.
Many Ohio residents with dog bite wounds are hesitant to file a dog bite claim. They're often skeptical because of the costs of hiring an experienced dog bite lawyer. This fear is understandable because medical bills are already high. Therefore, adding the costs of hiring bite attorneys may be too much to bear.
Fortunately, there’s a way out. Like most personal injury attorneys, Ohio dog bite lawyers also work on a contingency fee basis. A contingency fee arrangement means that personal injury clients don’t pay any upfront fees. Instead, they pay the attorney fees from their settlement or judgment amount.
Therefore, if your attorney doesn’t win the case, you don’t have to pay them. This will also be the case where they can’t negotiate a settlement. Notably, you’ll have to agree upon the percentage before your attorney takes up the case. Usually, the contingency fee is about 0ne-third (33%) of the settlement or judgment amount. However, some factors can reduce or increase this amount. Relevant factors here include the length of negotiation and the resources your lawyer invests in the claim.
Yes, an injured party in Ohio has to report the dog bite to relevant authorities. If a dog bites you in Ohio, you have only 24 hours to report the attack. You can file a report with the local health commissioner. Furthermore, this notification will trigger an investigation. The result of this investigation can thus help when you file a dog bite claim.
If you don’t file a claim, the treating physician can report your injuries. Similarly, a veterinarian who witnessed a dog bite must report the bite incident. Beyond the local health commissioner, you can call the following for help:
A Columbus dog bite report should include:
After reporting the bite, the health commissioner will conduct a rabies assessment. The dog may also be quarantined at a kernel or pound for about ten days.
After dog bite attacks, injury victims can recover various types of damages from the responsible party – the dog’s owner. All dog attacks are different. However, all of them have similar damage headings. So, you can recover:
You don’t have forever to file a dog bite claim in Ohio. Instead, the statute of limitations has a definite time frame for filing your lawsuit. There’s no specific statute of limitations for dog bite suits in Ohio. Instead, it’s the general Ohio personal injury statute that applies here. So, you have two years to file your dog bite claim in Ohio.
Your time starts to count from the day the dog bites you. If you institute a late claim, the courts would most likely deny you access. Therefore, it’s best to contact a Columbus dog bite law firm early. This is because they can ensure you start the legal process early.
In 2017, Ohio had the highest number of dog bite fatalities. Therefore, bite attacks are pretty severe in the state. So, have you been bitten by a dog in Columbus, Ohio? If you have, then you can file a legal claim against the dog owner. In addition, you recover compensation from the fault party.
However, you’ll need the best Columbus dog bite attorneys. At Babin Law, our legal team has extensive experience in winning bite injury claims. So, we can get you the maximum compensation for your injuries. It’ll thus be best to call our law firm for legal assistance.
Inferior vena cava (IVC) filters have been coming under investigation for a defective design that has resulted in serious personal injuries. If you or a loved one was injured after using an IVC filter you deserve compensation. The IVC Filter lawyers at Babin Law, LLC has the know how to represent you in your Columbus, Ohio product defect claim.
When products are released on the market, many of them have an FDA approval. But the truth is, the FDA does not test every product because they don’t have the time to do so. They leave the testing to the pharma companies who may test inadequately or provide incomplete findings to push their products through.
As a result, some products sold in drug stores and available by prescription may not produce results as advertised. Some may even be harmful to health.
IVC filters are small devices that resemble a cage. They are inserted into the inferior vena cava. This is the largest blood vessel in the body. It plays a key role in in moving blood from the lower half of the body to the heart and lungs.
The filters are implanted in the vein directly below the kidney. They are made to capture blood clots to keep them from reaching the lungs, a potentially fatal situation. They reduce the risk of blood clots, deep vein thrombosis and pulmonary embolisms.
Although IVC filters are made to reduce the risk of blood clots, it has been found that, in some cases, they have exactly the opposite effect. They may increase the risk of blood clots in some patients.
IVC filters are recommended for people at risk for developing blood clots in their legs. These include the following:
IVC filters are dangerous because they have been known to break and move metal fragments throughout the blood causing organ damage. They have also been known to cause punctured veins and people have even died when using the product.
A product that is potentially dangerous should have warning labels that notify users of possible risks. However, IVC filters manufacturers did not put any warnings on the package relating to risks of breakage, organ damage, blood clot formation, or any sort of health condition.
Furthermore, it is alleged that the manufacturer knew of the risks associated with the product and hid the results from the public. Some allegations state the manufacturer forged an employee’s signature on the application in order to get FDA approval.
There are many IVC products that have been targeted in lawsuits. These include the following:
About 500,000 IVC filters are implanted in Americans every year. This number has gone up due to the creation of retrievable IVC filters that can be removed after the risk of embolism decreases. However, one study has revealed that the devices are only removed a third of the time.
Because the product is so dangerous, thousands of lawsuits have been filed. Plaintiffs have complained of the following issues:
C.R. Bard has produced two filters that caused health issues: the Bard Peripheral Vascular Recovery and its G2 filter system. A 2010 study evaluated the company’s filters designed between 2004 and 2009.
Despite the company attempting to make repairs on their products, the study found 12% of devices had filter fractures, 16% had strut fractures, and 25% embolized. There was also an FDA concern that short term placement devices were not removed once the risk of embolism diminished.
The FDA sent a warning letter to the company in 2015 for not following quality regulations regarding its two cone removal systems used to remove IVC filters. The administration found these devices did not meet the requirements for clearance and premarket approval.
Cook Medical is another company dealing with issues due to faulty IVC filter designs. Their Gunther Tulip and Celect IVC Filters were found to have a risk of tilting, migration, and vein perforation. The longer the device was in the body, the greater the risk of perforation.
A 2014 study looked at additional perforation statistics for the Celect filters and found that 39% penetrated the vein within 30 days. 80% penetrated the vein within 90 days. 13% of devices were found to have punctured either the aorta, muscle, intestines, adrenal gland, liver, lymph node, pancreas, spine, kidney, or diaphragm.
This led to a lawsuit that claimed that Cook’s IVC filters were insufficiently tested and caused risks that outweighed their benefits.
A medical product defect lawsuit is often complex. Plaintiffs will be going up against big business and will need medical evidence to support their claim. It’s necessary to have a reliable lawyer on your side.
Babin Law, LLC has years of experience representing Columbus, Ohio clients in product defect and personal injury claims. We are known for our deep level of care and respect, our affordable rates, and our winning results. We will stop at nothing to see to it that justice is served.
Don’t let big pharma get away with releasing products that are not properly tested. Call Babin Law to schedule a free consultation. We will work to get you the best possible outcome for your IVC lawsuit.
The Philips CPAP and BiPAP ventilator machine is a medical device that has come under investigation due to its potentially hazardous design. It was found that the product is made with a polyester based polyurethane foam that can be dangerous if inhaled or ingested.
If you or a loved one is experiencing health problems after using a Philips ventilator machine, you deserve compensation. Babin Law, LLC has extensive experience representing product defect and personal injury clients in the Columbus, Ohio area. Read on to find out how they can help protect your rights.
When you use a medical product, you expect it to help solve your health issues. Unfortunately, this isn’t always the case.
Some companies do not take the time to properly test their products while others fudge the results. The FDA is too busy to test every product themselves and leaves the responsibility to the companies. This makes it easy for them to bring products to the market that aren’t entirely safe.
The Philips CPAP is designed to help individuals with sleep apnea. It draws in air to maintain the positive air pressure needed to prevent the condition. It has a mask feature that brings the air to the mouth and nostrils to provide ventilation to provide a comfortable night’s sleep.
The machine is prescribed to patients who have obstructive sleep apnea. It keeps their airways open while they are asleep and brings air into their lungs when they are unable to breathe on their own.
After the machine came on the market, complaints began to surface. Users stated that they found black particles in the machine. Although these complaints had been coming in for years, the company did not warn the public about potential hazards until April of 2021, and did not recall their machines until June of 2021.
The FDA weighed in stating that a low complaint rate of 0.03% caused Philips to investigate their product which led them to find that the PE-PUR foam may “degrade into particles which may enter the device’s air pathway and be ingested or inhaled by the user and the foam may off-gas certain chemicals.”
They further stated that the foam breakdown may worsen if unapproved cleaning methods are used or if high heat and humidity environments exist.
People who have used the Philips CPAP have complained of health conditions and side effects caused by the foam degradation and the chemical exposure due to off-gassing. These include:
If you are using a Philips ventilator machine that has been recalled, you should discontinue use and talk to your doctor or Durable Medical Equipment provider to determine the best course for alternate treatment. Patients and medical professionals must figure out if using the product provides benefits that outweigh potential health risks.
Improper cleaning of the Philips CPAP may increase health risks. On Feb 27, 2020, the FDA released a warning stating that using ozone gas or ultraviolet light to clean or disinfect the machine could cause coughing, difficulty breathing, nasal irritation, asthma, and other respiratory conditions.
UV light may be used to disinfect surfaces if the light is not escaping into its surroundings. However, if there is no shield to protect the user from the light, it can be a health hazard depending on the wavelength intensity and the amount of time the user is exposed.
Philips is planning on remedying the situation by replacing the sound abatement foam on affected devices as soon as possible. They are launching a Repair and Replacement Program dedicated to modifying first generation DreamStation CPAP and BiPAP products with a different sound abatement foam that meets safety regulations.
Philips next generation CPAP platform DreamStation 2 is considered safe and is not affected by the recall. Philips is increasing production of their second generation DreamStation BiPAP and CPAP products so patients will have access to safe products during the recall.
Philips is not the only company dealing with a CPAP recall. Fisher and Paykel issued an FDA Class I Recall for its CPAP Infant Nasal Prong devices after receiving at least 24 reports stating that the prongs detached from the nasal tubing during use. This interrupts therapy and leads to a risk of low blood oxygen.
The compensation you may receive in a Philips CPAP lawsuit will vary depending on your personal situation and the extent of your injuries. Here are some damages you may be looking at.
Economic Damages: Economic damages cover current and future medical expenses to treat injuries caused by the machine as well as lost wages and loss of future earning potential.
Noneconomic Damages: An injury can greatly reduce quality of life. Noneconomic damages are meant to cover the physical and emotional pain and suffering that results. It is difficult to put a monetary value on these non-tangible elements, but your lawyer will use his or her years of experience to come up with an amount that is fair.
Product defect cases can get complicated. You will have to go against big business and present medical evidence for your claim. You need a reliable lawyer on your side.
Babin Law, LLC has what it takes to represent you in your Columbus, Ohio product defect case. We are not easily intimidated by big business. We treat our clients with care and respect, and we will fight to get you the best outcome possible.
Don’t let pharma companies get away with releasing products that can harm innocent people. Call Babin Law to schedule a free consultation today. We will see to it that justice is served.
If you or a loved one has taken Zantac and developed cancer as a result, you deserve compensation. The Zantac lawyers at Babin Law Firm have years of experience representing Columbus, Ohio clients in product defect and personal injury cases. Read on to find out how they can help.
When you take medication, you expect it to provide beneficial results that help relieve your condition. Unfortunately, they can sometimes have unwanted – and unlisted – side effects of which consumers were not fully warned.
Many companies do not do the required amount of testing or simply misrepresent results to push their product through, even if they are aware it may be unsafe. The FDA is too busy to do its own testing on each product, providing the opportunity for companies to get away with this type of activity. As a result, medications go on the market that may cause health conditions that make the user worse off than they were when they first sought treatment.
Zantac is a heartburn medication that first came out in 1981. It has recently been found to have unsafe levels of nitrosodimethylamine (NDMA), a material classified as a possible carcinogen (cancer causing agent).
Zantac was introduced by Glaxo Holdings (now GlaxoSmithKline) as a competitor to the successful ulcer medication Tagamet. It hit the market in Britain and Italy in 1981 and obtained FDA approval to be sold in the United States in 1983.
By 1988, Zantac was one of the world’s best-selling drugs and one of the first to reach a billion dollars in sales.
When Glaxo’s patent expired in 1997, generics hit the market. Over the counter versions of Zantac were used to treat heartburn. The medication was also prescribed by doctors to treat health conditions like stomach ulcers, gastroesophageal reflux disease, and other conditions where the stomach produces too much acid. It was even prescribed for children.
According to Web MD, over 15 million prescriptions for ranitidine, the active ingredient in Zantac, are written annually. That’s on top of the many consumers who buy it over the counter.
Zantac’s active ingredient ranitidine belongs to the class of drugs known as histamine-2 (H2) blockers. The histamines act on receptors in the stomach that produce acid and aid food digestion. They block receptor activity to reduce acid production. This helps relieve symptoms associated with indigestion and it allows ulcers to heal.
On Sept. 9. 2019, Valisure filed an FDA citizen petition requesting a recall on all products containing ranitidine being sold in the United States. The company cited the product as containing extremely high levels of NDMA in “every lot tested across multiple manufacturers and dosage forms.” They noted that levels found were more than 31,000 times higher than the FDA’s permissible intake.
The petition caused the FDA to launch an investigation and Sanofi, and other generic ranitidine manufacturers, voluntarily pulled their products off the shelves. On November 1, 2019, the FDA posted an update stating their investigation revealed NDMA levels in ranitidine were not as high as Valisure had reported. However, they were still above what is considered acceptable.
Those taking Zantac may be concerned for their health. So, exactly how dangerous is the medication?
According to the FDA, taking Zantac is just about as unhealthy as eating foods like smoked meats. However, Valisure says they are very concerned about the levels of NDMA they found in the drug. A spokesman was quoted as saying, “To have 3 mg of carcinogen being able to be formed by ranitidine is extremely concerning for us.”
Doctors like gastroenterologist Emeran A. Mayer have weighed in saying that patients should not only be concerned about the levels of NDMA found in ranitidine, but how long they have been taking the drug. Individuals that have been using it on a long-term basis is more likely to develop health issues.
Ranitidine has been known to cause several medical conditions and side effects. These include nausea, vomiting, fever, abdominal cramps, dizziness, and yellowing of the skin. Taking high levels of the drug can cause reduced lung and kidney function, bladder cancer, testicular cancer, liver cancer, lung cancer, and more.
If you have taken a ranitidine product and have experienced side effects, talk to the doctor right away. If you don’t have any symptoms, you may also want to talk to a health care provider to discuss alternate medications.
If you used Zantac or generic ranitidine for more than a year and were then diagnosed with bladder, colorectal, intestinal, stomach, gastric, kidney, liver, lung, pancreatic, prostate, or breast cancer, you may be eligible for compensation. Talk to an attorney to find out how they can help you take legal action.
The compensation you may get in a Zantac/ranitidine lawsuit will vary depending on the extent of your injury and your personal situation. Here’s what you may be looking at.
Economic Damages: Economic damages cover current and future medical expenses, lost wages, and loss of future earning potential.
Noneconomic Damages: The injuries incurred while taking Zantac can greatly reduce quality of life. At fault parties may be responsible for compensating you for damages for emotional pain and suffering. It is difficult to put a monetary value on these intangible elements, but your lawyer will use their years of experience to come up with an amount that is fair.
Going up against a big pharma company can be intimidating. You need a reliable Zantac lawyer by your side.
Babin Law, LLC has extensive experience in Columbus, Ohio product defect and personal injury claims. We will fight to get you the best possible outcome. We will see to it that justice is served.
Don’t let big business get away with releasing unsafe products on the market. Call Babin Law to schedule a free evaluation. We will make sure you get the compensation you deserve.
If you or a loved one used 3M earplugs and experienced hearing loss, you may be owed compensation. Babin Law, LLC is experienced in representing personal injury and product defect clients in the Columbus, Ohio area. Read on to find out how we can help protect your rights.
Before a product is released on the market, it should be tested to ensure it is safe and effective. However, many companies don’t perform the adequate amount of testing. Others fudge results to push their products through so they can make money regardless of their effectiveness.
The 3M company is one that has been found guilty of pushing a product through despite a significant design flaw. Their Dual End and Reversible Combat Arms Earplugs were designed to block battlefield noises so soldiers could communicate on active duty. However, it was found that they were not effective, and many soldiers suffered hearing loss as a result.
3M manufactured and sold Dual End and Reversible Combat Arms Earplugs (CAEv2) to the military between 2003 and 2015. Although they were designed to block noises on the battlefield, they were shown to have a design flaw. As a result, many soldiers suffered partial or complete hearing loss.
After a whistleblower report and a DOJ lawsuit, it was revealed that 3M know about the flaw and failed to notify the government or add a warning label to the product. Rather, they continued to sell the earplugs as is. Several lawsuits are being filed against the company for their irresponsible actions.
CAEv2 earplugs were meant to serve a dual purpose. They were supposed to block loud noises to protect hearing while allowing other frequencies of sound to get through. This would allow for communication between soldiers on the battlefield.
The earplugs 3M sold were too short for proper insertion. This rendered the product useless. Countless U.S. military members used the earplugs while deployed in foreign countries such as Iraq, Afghanistan, and Syria and suffered hearing loss as a result.
Here are the criteria you will need to meet if you would like to file a lawsuit:
Combat veterans are most likely to have suffered hearing loss when using the earplugs. However, they may also have caused hearing issues for soldiers involved in firearms training, vehicle use and maintenance, and those working under loud conditions.
Veterans may be entitled to compensation on top of disability and other service-related benefits. The claim is not income-based, and it will not stop or decrease your disability benefits regardless of whether you are getting a lump sum or structured payout.
However, your needs-based, or income-based benefits could be affected since a win can put you in a higher income bracket. A lawyer will be able to tell you how a lawsuit will affect you financially.
3M is looking at over 240,000 claims by veterans and service members over the earplugs. Most of these cases are consolidated before U.S. District Judge M. Casey Rogers in the Northern District of Florida, the largest multidistrict litigation. Many have won a considerable amount of money. In fact, three earplug plaintiffs were awarded $2.1 million in punitive damages per victim.
The current litigation is not classified as a class action lawsuit. Rather, it is known as a multi-district litigation. That means that each plaintiff must have his or her own individual lawsuit against the company.
The compensation you are looking at in a 3M lawsuit will vary depending on your personal situation and the extent of your injury. Many soldiers have experienced irritability, dizziness, headaches, and sleep problems related to hearing loss which may further reduce quality of life. With that in mind, here are some damages you may be looking at.
Loss of Wages: Loss of wages will cover any amount of time taken off work to deal with medical issues. It will also cover a lack of future earning potential. For example, if the hearing loss has caused you to be unable to return to work or if it has forced you to take a lower paying position, you will be reimbursed for any discrepancy in wages.
Emotional and Physical Pain and Suffering: Partial and total hearing loss can lead to considerable physical and emotional pain and suffering. At fault parties will be responsible for compensating you for these damages. It is difficult to come up with a monetary value to put on these intangible elements, but your lawyer will use their years of experience to determine an amount that is fair.
Medical Expenses: Medical expenses will cover doctor visits to diagnose and treat hearing loss as well as any hearing aids and devices and services purchased to help with communication.
Punitive Damages: 3M was aware that the earplugs were defective, yet they continued selling them. Their actions are considered excessively reckless, and they are, therefore, liable for punitive damages. It is hopeful that these additional damages discourage them from exhibiting similar behavior in the future.
If you or a loved one suffered with hearing loss due to the use of 3M earplugs, you deserve compensation. Babin Law, LLC will see to it that you are covered for your damages.
Babin Law has years of experience dealing with personal injury and product defect cases in the Columbus, Ohio area. We have a reputation for treating our clients with a high level of care and respect. We will stop at nothing to see to it that justice is served.
3M should not get away with their poor treatment of veterans. Take a stand to make sure they get what’s coming to them. Call or email Babin Law to schedule a free compensation and take the first step in getting the closure you need.
Paragard IUD is a birth control device that has come under fire for causing serious health problems. It has been known to migrate and cause infection and reproductive issues.
If you have been injured when using a Paragard IUD, you deserve compensation. Babin Law has extensive experience representing Columbus, Ohio clients in product defect and personal injury claims. Read on to find out how we can help with your case.
When you use a medical device, you expect it to be safe. You expect it to provide the results it is designed to produce. You don’t count on it causing harmful health conditions other than those revealed on warning labels.
Unfortunately, this isn’t always the case.
Many companies don’t do adequate testing on their products. Others fudge test results. And because the FDA is too busy to oversee the testing of every product, many manufacturers get away with it.
Paragard is a plastic, T-shaped birth control device that’s approximately the size of a quarter and has a copper wire feature. It is manufactured by Teva Pharmaceuticals. It is incorporated into devices like Essure permanent birth control, Mirena IUD, and Paragard IUD.
The copper IUD provides long lasting, nonhormonal birth control. It is placed in the uterus by the doctor. Unlike other IUD devices that are laced with hormones, the copper coil in the IUD is used to prevent pregnancy.
The copper coil creates a toxic environment for sperm causing it to swim away from the uterus where it can create a baby.
The Paragard IUD was approved by the FDA in 1984 as being safe for 10 years of use.
Paragard offers a unique way to prevent pregnancy without the hormonal side effects other IUDs cause. Sounds good so far. But unfortunately, the design of the product makes it quite dangerous.
The IUD has been known to become dislodged or break during removal causing damage to the surrounding tissues and organs. Some plaintiffs have needed to undergo more than one surgery to have it completely removed. It has led to health issues including the following.
Plaintiffs who have gone up against Teva Pharmaceuticals say the company “knew or should have known that Paragard can and does cause serious harm to individuals who use it, due to the risk of the Paragard’s arm breaking upon removal.” Accusations against Teva include violation of consumer protection laws, negligence, strict liability design defect, strict liability manufacturing defect, and failure to warn.
While Paragard is particularly dangerous, other IUD products have been known to cause health issues and side effects like:
There have been over 1500 reports of IUD complications filed to the FDA in the past decade. In addition to the many serious health conditions some women have developed, others claim that the IUD failed before the end of its expected lifespan.
Essure Birth Control has been pulled from the market due the countless lawsuits being filed and it is likely that Paragard will be headed to the same fate. However, as of now, there is no recall on the product.
It should be noted that Teva Pharmaceuticals recalled two lots of their devices in April of 2014 due to “lack of assurance of sterility.”
There is no class action lawsuit against Paragard. However, cases are being temporarily joined in the Northern District of Georgia federal court as part of an MDL (Multi-District Litigation).
MDLs differ from class action lawsuits in that each plaintiff retains their own lawyer and has their own individual cases. However, not all cases go to trial. Only certain cases are tried, and the outcome gives both sides an idea of the case value and the outlook for settlements.
As of today, no Paragard cases have been settled. However, if you base possible settlements on past cases, you may look at Bayer lawsuits for the Mirena IUD that perforated organs and migrated in the body. In 2018, the company offered $12.3 million to settle the 4600 claims against them.
The type of damages you can collect vary according to the extent of your injuries and your personal situation. Here are some things you may be looking at.
Loss of Wages: Loss of wages cover any income lost due to taking time off work to deal with and recover from injuries. If injuries are so severe that you can no longer work or are forced to take a lower paying job the damages will cover any discrepancies.
Medical Expenses: These damages cover medical expenses incurred due to the injury as well the cost of ongoing care.
Emotional and Physical Pain and Suffering: Injuries may cause a reduction in quality of life. At fault parties will be responsible for paying for these damages. Although it is difficult to put a monetary value on this type of loss, your lawyer will apply his or her years of experience to come up with an amount that is fair.
Product defect cases can get complicated. You will be going against big business, and you will need to show proof of medical damages. You need a reliable lawyer on your side.
Babin Law Firm has years of experience representing clients in personal injury and product defect cases. We are not intimidated by big business. We have the knowhow that’s required to get you a winning result.
Don’t let negligent companies get away with releasing products that hurt consumers. Call Babin Law to schedule your free consultation, or email us. We will see to it that justice is served.
If you or a loved one used Valsartan and developed cancer as a result, you may go after the company for damages. The Valsartan lawyers at Babin Law, LLC in Columbus, Ohio can represent you in your product defect lawsuit..
As a consumer, you expect that a prescribed medication should work as intended and solve problems, not create new ones. Unfortunately, this does not always hold true.
Although products are FDA-approved when they hit the market, the organization does not always have time to fully test products. They leave it up to the pharmaceutical companies to do the testing.
Companies who make the products may not test adequately or may alter the results. Because of this, the products they release can do more harm than good.
Valsartan is an antihypertensive drug used to treat high blood pressure and heart failure. Recently, it has been found that it may cause cancer.
Valsartan is a medication used to treat high blood pressure and heart failure. It has also been shown to improve the likelihood of living after a heart attack. It can also lower the chances of going to the hospital after heart failure.
The medication belongs to the angiotensin receptor blockers drug class. It works by relaxing blood vessels to improve blood flow. This results in low blood pressure and a reduced risk of strokes, heart attacks, and kidney problems.
Valisure, the company that manufactures Valsartan, alerted the Food and Drug Administration that dimethylformamide (DMF) had been found in the medication. DMF is considered a probable human carcinogen by the World Health Organization and American Cancer Society. People who have taken Valsartan, Losartan, and other blood pressure medications have developed the following cancers:
Additionally, many plaintiffs claim that batches of Valsartan have been contaminated with the cancer-causing toxins N-nitrosodimethylamine (NDMA) and N-Nitrosodiethylamine (NDEA) and/or N-Methylnitrosobutyric acid (NMBA). As a result, medications containing Valsartan have been recalled.
Those who filed claims against the product are seeking damages for manufacturing defects, failure to warn, design defects, corporate negligence, and consumer fraud. They are looking to be compensated for medical expenses, emotional and physical pain and suffering, and punitive damages.
When a company produces contaminated products that cause injuries, a lawsuit is the only way to keep the medication off the market. In addition to getting compensation for the victim, it can also prevent others from getting sick. It causes the organization to take action by making the product safe or removing it from shelves.
Pharmaceutical cases are quite complex. They involve regulation, science, and questions of law across various jurisdictions. They become centralized in the federal multidistrict litigation process. They are not typically class action lawsuits, but they are very similar.
Due to the volume of the Valsartan cases being filed, most are being dealt with through Multidistrict Litigation which is guided by the Judicial Panel for Multidistrict Litigation where the case is centralized for the purposes of pre-trial discovery.
The MDL process is used when there are common questions of fact in multiple cases pending in different courts. While there are often similar state proceedings, the MDL process is supported by both plaintiffs and defendants. It allows for increased efficiency when it comes to processing millions of documents and testimonies.
MDLs are not assigned based on a specific number of cases filed, but motions are reviewed by the Multidistrict Litigation to determine if the assignation is necessary.
If you are taking a blood pressure medication, it is important to find out if it has been recalled. That way, you can stop taking a product that is potentially harmful. You can check on the status of your medication by asking your doctor or checking the FDA website.
If a product is dangerous, companies are required to reveal harmful side effects on the label. However, many do not for fear that it will harm sales.
The FDA is too busy to review every product and leaves it up to pharma to do their own testing. However, a government approval does not protect the company from the law. If the organization does not properly warn of side effects, they may be liable for damages.
It is important to note that the FDA and government do not provide compensation in medical product injury cases. Plaintiffs must seek damages through the company itself.
The compensation you receive for your Valsartan lawsuit will vary depending on your personal situation and the extent of your injuries. Here is what you may be looking at.
Economic Damages: Economic damages cover loss of wages for time taken off work to recover. They may also compensate the victim if they are unable to go back to work due to their injuries or if their injuries cause them to take a lower paying position.
Noneconomic Damages: A drug injury can greatly reduce quality of life causing physical and emotional pain and suffering. It is difficult to put a monetary value on these nontangible elements, but your lawyer will use his or her years of experience to come up with an amount that is fair.
Going up against big pharma is intimidating. You need a good lawyer on your side.
Babin Law, LLC has years of experience with product defects and personal injury cases. They know the ins and outs of the law and they have what it takes to go against big business. They will fight relentlessly to see to it that justice is served.
If took Valsartan and got sick as a result, do not hesitate to call Babin Law to schedule a free consultation. We will provide you with the care and respect you deserve. We will do all we can to get you a positive outcome.
When you buy a product on the market, you expect it to be safe. If there are possible dangers that come with use, you expect it to be listed on the label. Unfortunately, this isn’t always how it plays out in reality.
Many products say they are FDA approved. However, the truth is, the FDA doesn’t have time to test every product. They leave testing to the manufacturer making it easy for them to slack off on their processes and forge results.
Paraquat is a synthetic chemical compound that is often used in herbicides for weed and grass control. Over the years, it has been linked to an increased risk of Parkinson’s Disease. Several lawsuits have been filed against the companies that manufacture the chemical as a result.
If you or a loved one has developed Parkinson’s or other side effects when using Paraquat products, you deserve compensation. Babin Law has extensive experience representing Columbus, Ohio clients in personal injury and product defect cases. Read on to find out how we can get you a winning result in a Paraquat lawsuit claim.
Paraquat is a synthetic chemical compound that has been used in herbicides since the early 1960s. It is primarily available in liquid form. It has been classified for restricted use by the United States Environmental Protection Agency. This means it can only be used by licensed applicators.
Paraquat is one of the most popular herbicides in the United States. Its use has increased by 200% since 2009. It is commonly used in the agriculture industry by farmers whose weeds have become resistant to Roundup.
China and many countries in Europe have banned herbicides due to the health risks they present.
40% of the United States is comprised of farmland with millions of Americans working in the agriculture industry. Most of that is concentrated in Ohio.
44% of Ohio is considered to be prime farmland and 99% of Ohio farms are family owned. Most of these families have been exposed to Paraquat and other harmful pesticides.
Paraquat exposure is a concern for farmers and their families. It can also be a risk for:
Paraquat is used by a variety of crops including the following:
The chemical is also used in pasture renovation and the planting of ‘no-till’ fields.
Paraquat goes by a variety of names including the following:
The good news is that Paraquat binds to soil after being used on land. Therefore, there is little risk of it entering water system. However, inhalation can cause severe health conditions.
Paraquat is known as the “deadliest herbicide on the market.” It is highly toxic to humans and even one sip of the substance can be fatal. Ingestion results in death 70% of the time.
The chemical’s toxicity is the main reason its use has been limited to certified and trained applicators. In addition to being extremely poisonous, it has also been known to cause other health dangers. Namely, it has been linked to an increased risk of Parkinson’s Disease.
Because Paraquat is so dangerous, it has been taken off the market in China and throughout Europe. The United States, on the other hand, has put warning labels on the product and made the packaging more tamper resistant. However, it remains available to American agricultural workers.
Parkinson’s Disease is a degenerative brain disorder that causes tremors, rigidity, slow movement, and impaired balance. Over time, symptoms worsen making it more difficult for patients to function.
The disease is caused by a degeneration of nerve cells in the substantia nigra, the part of the brain that controls movement. The damage causes the body to produce few dopamine neurons which are responsible for sending messages to nerve cells. As a result, affected individuals become unable to function with symptoms worsening over time.
In the last decade researchers have established a clear link between Paraquat and Parkinson’s. A 2011 study by the National Institute of Health shows that Paraquat users are 2.5 times more likely to develop Parkinson’s as compared to other individuals. This is due to the chemicals causing oxidative stress which leads to reduced dopaminergic neurons in the brain cells.
Last year, Paraquat came up for re-approval. Fifty-two organizations representing farmers and public health and conservation advocates signed a letter urging the EPA to ban the product. The New York Times wrote articles highlighting the dangers of Paraquat. A new book was released written by top experts in Parkinson’s Disease identifying Paraquat as one of the top risk factors for the disease.
But despite the mounting evidence showing the health risks linked to Paraquat, the EPA re-approved it and it is still available for sale in United States markets. However, there is still hope as bills have been introduced into Congress to end all Paraquat sales in the country.
If you or a loved one used Paraquat and developed Parkinson’s as a result, you may be owed compensation for loss of wages, medical expenses, emotional and physical pain and suffering, and more. Babin Law will see to it that justice is served.
Babin Law has extensive experience representing personal injury clients in Columbus, Ohio. We are known for treating our clients with a high level of care and respect. We will stop at nothing to get you the best possible outcome for your claim.
Don’t let companies get away with continuing to put harmful products on the market. Do your part by contacting Babin Law for a free consultation. We will fight to get you the closure you need.