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Johnson & Johnson Under Investigation For Asbestos Exposure

In past decades, parents in South Carolina probably did not give a second thought to using baby powder on their children or even themselves. What these consumers might not have realized at the time was that they were purchasing a potentially dangerous product. However, Johnson & Johnson — a large manufacturer of talcum baby powder — may have known. The company is now the subject of a criminal probe as investigators try to determine what it knew about the risk of asbestos exposure.

More than 14,000 victims are suing Johnson & Johnson, claiming that the talc used in many of its products led to cancer diagnoses. Now, the U.S. Department of Justice is trying to determine whether the company knew about the cancer risks associated with its products, and if it lied about that knowledge. In Feb. 2019, Johnson & Johnson disclosed that both the Securities and Exchange Commission and the DOJ had issued subpoenas for information regarding ongoing litigation over its baby powder products.

In Dec. 2018, a report from Reuters indicated that Johnson & Johnson may have known about the cancer-causing substance in its products. According to that report, repeated testing showed that asbestos had been found in powder and talc products between the 1970s and 2000s. Apparently, Johnson & Johnson never shared this information with regulators or consumers.

South Carolina consumers cannot make informed decisions about purchases unless they have access to information about possible risks. It is possible that many people would have purchased alternative products had they been informed of the potential risks. While it may be too late to undo the effects of asbestos exposure, a victim may be able to seek compensation for any illness that he or she developed as a result.

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US States Sue EPA Over Mesothelioma Concerns

Asbestos is a carcinogen that is extremely hazardous to human health. Exposure to asbestos can cause victims in South Carolina to develop dangerous and even fatal diseases, such as lung cancer, asbestosis and mesothelioma. The U.S. Environmental Protection Agency recently closed a loophole regarding asbestos use, but some states say the current protections are not enough.

A total of 10 states as well as Washington, D.C. are suing the EPA after critics say the agency failed to protect citizens. The agency passed the new rule in April 2019, which it said closed a decades-old loophole that made it impossible to restrict or prevent sales of certain products containing asbestos. Those suing the EPA said it should have done much more than just closed a single loophole and should have banned the substance altogether.

The lawsuit cites a 2019 petition that called on the EPA to better regulate asbestos, and to also collect more data on how it is imported and used in this country. The EPA denied the petition in the same month that it passed the allegedly lackluster rule. According to the suit, the denial was not only arbitrary, but it was also a violation of the EPA’s obligations according to the Toxic Substances Control Act.

Individuals living in South Carolina and across the rest of the country might be understandably concerned about the continued use of asbestos. Even if the carcinogenic substance was banned from new use, it still exists in an untold number of products that people still use, leaving room for new exposures all the time. When a victim develops mesothelioma or other illness as a result of that exposure, it can be helpful to explore what type of compensation might be needed or possible to recover from any negligent parties.

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FDA Approves New Treatment for Mesothelioma

We recently published a slideshare which provides information about a new FDA-approved therapy for sufferers of mesothelioma.

Please view the information below, and call our law firm if you have any questions about your legal options following a mesothelioma diagnosis.

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Military Families Worried about Asbestos Exposure

Living the military life is not easy. Between deployments and frequent moves, active military members and their families have enough on their plates to worry about. The possibility of dealing with asbestos exposure in their own homes probably seemed far-fetched, but it is now the reality that many are facing. The contractor accused of exposing military families to asbestos operates in multiple states, including South Carolina.

Balfour Beatty is one of the largest housing contractors for the military, and its records show that the company does a pretty good job in that regard. However, a joint investigation by CBS News and Reuters uncovered some horrifying news — Balfour Beatty was falsifying its data from at least one of its base locations in an effort to secure larger bonuses. According to an FBI investigation, the company prioritized making it appear as though problems were addressed quickly rather than actually fixing housing issues, such as dangerous asbestos flooring.

One family said they were living in a home that was not only in poor condition, but that also had asbestos-filled tiles. A technician who responded to a maintenance call for a leak at the home reported to superiors that the family’s infant could become sick after chewing on the damaged floor tiles. However, the child’s parents were never given that information. Additionally, the records regarding that maintenance call were also falsified and showed that a technician was sent out and the leak fixed within 20 minutes of the call. The actual repairs apparently took much longer.

Prioritizing profits and bonuses over the health of tenants is a disturbing act that can have lifelong implications for victims. Asbestos exposure is extremely harmful to humans, and anyone from infants to the elderly can end up developing serious medical issues as a result. Cancers such as mesothelioma and lung cancer are common, and the resulting medical bills and related lost wages can be financially devastating. Victims living in South Carolina may choose to address those financial damages as well as physical and emotional pain and suffering through civil suits, which can hold negligent parties responsible for their actions.

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Victim’s Family Continues Mesothelioma Suit Against Ford

South Carolina residents should be able to go to work without fear for their health, well-being and general safety. Additionally, older workers should have the luxury of looking back over their working careers without realizing that they were wrongfully exposed to deadly substances. This is unfortunately not the reality that many people face, and mesothelioma patients in particular might feel especially frustrated by their work situations. Seeking compensation is usually a good way to address those frustrations, but doing so might not always be easy.

A year before his death from peritoneal mesothelioma, a former generator service technician and mechanic sued the Ford Motor Co. He claimed that his mesothelioma was caused by ongoing asbestos exposure while working for Ford. Although he passed away from his illness before the suit was completed, his surviving family members were named as plaintiffs.

Ford later filed a motion for the wrongful death suit to be dismissed entirely, but a court only partly granted that motion. According to Ford and the court, aspects of the case overlapped with areas covered by that state’s workers’ compensation act, so any claims in regard to employer liability were barred. However, the plaintiffs can move forward with the suit on other grounds and may even decide to bring forth additional allegations not related to employment.

Suffering from an asbestos-related disease like mesothelioma can be truly traumatizing. Victims in South Carolina often suffer intense physical, emotional and financial damages that cannot be adequately addressed without help. Securing compensation through carefully pursued lawsuits can be difficult at times, but is usually an effective approach for handling these types of damages.

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Is mesothelioma the only disease linked to asbestos?

There is no question about whether asbestos exposure can lead to devastating health outcomes. Most people in South Carolina already know that exposure to this toxic substance can cause mesothelioma, but that is not all. Lung cancer and asbestosis are other diseases that victims may develop years or even decades after being exposed. Here is what victims may need to know about these diseases.

Frequently associated with smoking, nonsmokers who develop lung cancer may suspect that something else is behind their disease. However, those who have been exposed to asbestos develop lung cancer more frequently than mesothelioma. Lung cancer patients frequently experience chronic coughing, shortness of breath, chest pain and wheezing. If a person who has been exposed to asbestos begins experiencing any of these symptoms, he or she should be sure to seek medical attention as soon as possible.

Asbestosis is another health problem associated with exposure to asbestos. Unlike lung cancer and mesothelioma, asbestosis is a cancer, but rather a type of pneumoconiosis. This disease causes lungs to develop scar tissue, which can cause trouble breathing and other lung-related issues. Symptoms can be similar to those of lung cancer, including coughing and chest pain. There is currently no cure for asbestosis, although certain treatments have shown to be effective at relieving symptoms and even slowing down the progression of the disease.

The emotional and physical toll of living with a fatal disease is devastating, not to mention the financial burden of seeking necessary medical treatment. This is why pursuing compensation from negligent parties can be essential for victims. While money cannot undo the harm caused by mesothelioma, lung cancer or asbestosis, just legal recourse can help victims in South Carolina address their related damages.

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Mesothelioma-causing Asbestos Found in More Makeup Products

There is really no ambiguity when it comes to the health risks associated with asbestos, which is why the carcinogen has been banned in a number of countries. Despite this, asbestos is still used in some products in the United States. However, the dangerous substance is showing up in far more places than the construction and manufacturing industries, which people might most closely associate with asbestos and the related cancer mesothelioma. A recent round of testing by the Food and Drug Administration found that not one but two companies were selling contaminated makeup products that could cause asbestos exposure for both women and young girls in South Carolina.

The FDA has an ongoing procedure for testing cosmetics for asbestos contamination. In a recent round of testing, the FDA identified a contour palette sold by Beauty Plus Global as well as a popular child’s makeup kit sold at Claire’s, a store geared toward young girls, both of which have since been recalled. However, this is not the first time that Claire’s has had to recall makeup items marketed to children. In early 2019, Claire’s had to pull three makeup and cosmetics products off its shelves after FDA discovered asbestos. Asbestos contamination in children’s cosmetics has been a public issue for Claire’s as far back as 2017.

While Claire’s did recall the most recent dangerous product, it is unclear just how seriously the company is taking the matter. It recently released a statement that it not only upholds the safety of its products, but also pointed out that some countries even find trace amounts of asbestos in children’s products to be acceptable. The World Health Organization says that no level of asbestos can be considered safe.

Diseases related to asbestos exposure are often linked to South Carolina workers who spent years in construction or manufacturing, but the problem is far more widespread. Even small amounts of exposure can lead to devastating health effects later on in life. Mesothelioma victims may wonder how they will address their ongoing medical bills and other financial damages from their injuries, and it may be reassuring to know that there are options, including pursuing legal action against negligent companies and manufacturers who cause the exposure in the first place.

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When Personal Vaporizers Explode: An Entire Industry Designed Around the Wrong Battery

By Chris Moore

Since the mid-2000s, we have become more reliant on lithium-ion batteries and the devices they power.  The batteries are extremely useful and serve an important function. Just a decade ago, it would have been inconceivable for a laptop computer or a smartphone to be used for an entire day on just one charge.

This revolutionary technology is changing the way we live. But with such an intense energy source, the batteries also carry great risk if not handled and used properly. When lithium-ion batteries fail, the results can be catastrophic. The batteries can catch fire and explode, sometimes causing serious personal injury (think: second or third-degree burns) and property damage.

The seriousness of that risk has gained recent attention in the world of e-cigarettes and personal vaporizers, also known as ‘mods’ or ‘vapes.’ Many of these devices require the use of a particular kind of lithium-ion battery called an 18650 (referring to its size, 18mm by 65mm), a lithium-ion battery that is slightly bigger than the AA battery.

18650 lithium-ion batteries are manufactured by major corporations like Samsung, LG, Sony and Panasonic as well as a host of companies in China that produce batteries of varying degrees of quality. These batteries, and even similar, counterfeit batteries, are being sold throughout the world, including online.

18650 lithium-ion batteries

 

The problem is that 18650 lithium-ion batteries are designed to be used by manufacturers putting together battery packs for devices like power drills, cordless vacuum cleaners, or landscaping equipment. In those power packs, the individual 18650 batteries are packaged together with internal circuit protection and encased in thick rubber or plastic. Often both the charger and the application incorporate safety features to keep the battery within a safe operating or charging level. In order to prevent catastrophic failure, the charger keeps the batteries from being overcharged, and the device itself shuts off if the batteries are overheating due to a short circuit.

Because most e-cigarettes and vaporizers that use 18650 batteries do not have such safety features, people who use them are putting themselves at risk every time they take a puff. 18650 lithium-ion batteries are generally not meant to be sold direct to consumers for use in mods, which often lack safety mechanisms to prevent the battery from exploding.  Of course, most people would never realize this when they find the batteries readily available in vape stores and online. And many in the retail business of the vape industry are ignorant of this danger as well.

Absent safety circuitry in both the charger and the device, there is nothing to stop an individual 18650 battery from exploding. Sometimes the battery explodes while in use, but often they explode when being carried around in a person’s pocket. A thin plastic wrap is all that prevents the metal casing of an 18650 lithium-ion battery from being directly exposed to its outside environment. People who vape often will carry a spare, fully-charged battery with them to use during a long workday. Through natural wear and tear, the plastic wrap easily rips. It is only a matter of time before both terminals of the battery come into contact with something metal like a set of keys. When both terminals come into contact with the metal object, the battery rapidly heats up and explodes. Unfortunately, we regularly see people injured from this exact scenario.

I have represented people throughout the country who have been seriously injured by the batteries used in many mods and vapes. The law allows us to seek compensation from all parts of the 18650 lithium-ion battery supply chain, including manufacturers, distributors and retailers.

Of course, I hope that you will never need to use my services. If you do choose to vape, please make sure you use a device that does not use an 18650 lithium-ion battery.  Pick a device that has an internal battery or that has safety features that will prevent the battery from shorting.

Chris Moore is a RPWB attorney who handles many product liability and personal injury cases throughout the country. He is a 2019 Super Lawyers Rising Star. In addition to working on personal vaporizer explosion cases, he has successfully litigated personal injury and property damage cases involving devices like cell phones, laptops and the battery packs used for remote-controlled cars, scooters and hover boards. To learn more about our lithium-ion battery explosion practice area, please click here. If you would like us to take a look at your case, please fill out the form on this page or give us a call.

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Women Who Wear Makeup Could Be Victims of Asbestos Exposure

Applying makeup is a daily practice for many women in South Carolina. These women should be able to put on their makeup without worrying about asbestos exposure, but this might not be the case. A significant number of cosmetics could contain this cancer-causing substance, putting women everywhere at risk for serious and even fatal health problems.

According to the U.S. Food and Drug Administration, cosmetic manufacturers who market their products in America are not legally required to perform safety tests on their products. One state introduced a bill that would effectively ban the sale of any cosmetics that contain anything from a list of 15 toxic minerals and chemicals. Asbestos was included on that list, as were mercury and formaldehyde. There was significant opposition to the bill, especially by those who thought it would affect job prospects in the state, and it ultimately did not pass.

The possible presence of asbestos in makeup is extremely distressing. The Centers for Disease Control acknowledges that there are no safe levels of asbestos exposure. Any type of exposure can potentially lead to cancer.

As it currently stands, women who wear makeup might have no way of telling whether their products are contaminated with asbestos. However, going without makeup is not an option for many of these women. Even if it were, those who have been applying makeup for years could have already experienced asbestos exposure. While this can be understandably frightening, women and other people in South Carolina who have been exposed to asbestos should be sure to pay close attention to their health. They should record any troubling symptoms and seek medical care when necessary.

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City blamed for firefighter trainees’ asbestos exposure

As public servants, firefighters put themselves in harm’s way in order to protect the people of South Carolina. Firefighters likely expect to encounter potentially dangerous substances while on the job. However, few may think that they would be victims of asbestos exposure during their training.

An out-of-state city might have to shell out for fines associated with asbestos at its area fire academy training center. According to the area Air Pollution Control District — the APCD — the training academy is quite old and contains a number of materials contaminated with asbestos. This includes things like floor tile and mastic, a type of adhesive used in construction. The APCD claims that firefighters in training between 2001 and July 2018 were exposed to asbestos at the facility.

The fire chief does not necessarily deny that the some of his trainees were exposed to asbestos. He does dispute the date of 2001 as cited by the APCD, since he says they never fully identified when the asbestos debris was deposited. He also stated that the facility is regularly inspected. Anytime that asbestos contamination is found, it is apparently cleaned up in a timely manner.

It is unclear if that is truly the case or not. Legal documents allege that the city tried to downplay the health risks and danger associated with asbestos. It also did not act quickly when it came to protecting both its trainees as well as its veteran firefighters from exposure. According to the APCD, the presence of asbestos in the building can be confirmed to as far back as May 2000.

South Carolina workers expect their employers to provide safe working spaces. When they fail to do so, workers can end up being exposed to asbestos exposure and not realizing it until they are diagnosed with a fatal disease. In such cases, it may be important for victims to act quickly in order to recover just and necessary compensation for their medical bills, lost wages, pain and suffering and more.

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