Learn about defective product lawsuits, including our experience with paraquat, NEC baby formula, and 3M earplugs.
Consumers purchase products and expect they will work correctly and safely with proper use. Unfortunately, many people are injured as a result of defects in products they believed to be safe, and defective products account for a large number of personal injuries each year.
When a defective product causes an injury, determining who is liable can be a complicated matter. Manufacturers, marketers, retailers, designers, and others that play a role in getting products to consumers may bear some responsibility. Product liability lawsuits allow injured consumers to seek compensation from those whose negligence or actions played a role in the production of a defective product that wound up in the hands of consumers.
A product defect may occur in the design, manufacture, or marketing of a product.
Potentially-hazardous products require adequate labeling with warnings or specifications for use in order to protect consumers. Failure to provide this labeling can be costly for product promoters, sellers, or distributors.
Accident injury victims may be able to receive compensation for medical bills, pain and suffering, emotional distress, and other accrued damages that come as a result of using a defective product.
Paraquat is a non-selective herbicide used in commercial agricultural applications. This chemical compound is sold as a liquid in different concentrations. Paraquat has been sold in the United States since the 1960s and is still one of the most frequently used herbicides worldwide. Due to Paraquat’s toxicity, only licensed commercial applicators may purchase and use the herbicide in the US. Even still, residential use continues to occur, as do dangerous, even lethal exposures to the chemical compound.
Paraquat ingestion leads to severe chemical reactions in major bodily organs, resulting in kidney, liver, heart, and respiratory failure. This acute toxic exposure is usually fatal. For those who experience prolonged, non-acute exposure due to handling Paraquat in the agricultural workplace setting, developing Parkinson’s Disease is a very serious risk.
While it is still quite early in Paraquat litigation, 2022 has already proven to be a year of rapid developments. Between March and April of 2022, Paraquat lawsuits filed in Multidistrict Litigation (MDL) have risen from 688 to 982 suits - and counting. A group of 16 cases were also chosen for bellwether test trials scheduled for November of this year. There is evidence that Syngenta, a manufacturer of Paraquat, was aware of links between this toxic compound and Parkinson’s Disease but chose not to reveal it.
It is our hope that as the MDL continues to grow, large settlements will soon come through for the plaintiffs in this litigation. If you were exposed to Paraquat and developed Parkinson’s Disease - even decades after exposure - you may be eligible to file a lawsuit. We can help.
NEC Baby Formula
Medical research has long established the links between cow milk-based infant formulas, including Similac and Enfamil, and a neonatal health condition that can be fatal to premature babies. This condition is known as necrotizing enterocolitis (NEC). This digestive disease is often fatal, resulting in up to 40% of premature infants dying due to septic overload in their internal organs. When not fatal, one in three babies who develop NEC will experience extreme intestinal complications which lead to surgeries, developmental issues, and lifelong digestional problems.
Lawsuits against the manufacturers of these infant formulas claim that the makers have long known of the risks of developing NEC associated with their products. Despite a large body of medical studies, Abbot and Mead neglected to warn the public about the risks of their infant formulas.
Since early 2022, a growing number of families have filed lawsuits, many of which eventually joined a mini MDL to jointly file suit against Abbot and Mead. As of April 2022, there is now a MDL NEC class action lawsuit, meaning that all NEC baby formula suits filed in federal courts will join the consolidated MDL in Illinois. What this means is that no matter what state a family resides in, they can join the litigation and continue to push for not only a trial date but also much deserved settlements for the families of infants who suffered or died due to these products.
While NEC is thankfully a rare disease, we do expect more cases to arise. If your preemie suffered or died due to NEC while using Similac or Enfamil, then you may be eligible to join the MDL. You deserve caring, competent legal representation. We would be honored to assist you.
Between 2002 and 2015, the Federal Department of Defense deployed millions of American military service members - and civilians - overseas to to fight the war on terror. These individuals were issued dual-ended military grade earplugs made by 3M as part of their personal protective equipment. These earplugs were defective, resulting in an insecure fit that resulted in hearing loss and tinnitus (ringing of the ears) for over two million American service members.
In May of 2021, the first bellwether trial against 3M resulted in a major victory: over $7 Million awarded to three plaintiffs for the damages caused. Since then, thousands more 3M earplug lawsuits have consolidated in a Florida federal court to ensure adequate case management for so many affected US veterans. In late April of 2022, one case, the Vaughn trial, resulted in a $2.2 Million verdict against 3M. In early May of 2022, the 16th and final MDL trial will begin, after which remaining lawsuits will be distributed around the country for 3M to reckon with the affected soldiers in courts. With over 300,000 cases outstanding, a global settlement is always a possibility, but it remains to be seen.
If you are a Veteran and believe you may have a claim against 3M that you have not yet pursued, get in touch with us today. We can evaluate your hearing loss or damage case and help you move forward in joining litigation and seeking compensation for your loss.
Defective Product Attorneys
At Cooney & Conway we represent individuals who have been injured as a result of using dangerous and unsafe products. Some common types of products that may have harmful defects include:
- Hernia mesh
- Heavy machinery
- Electrical equipment
- Medical devices
- Hip implants
- Knee replacements
- Automobiles (including brakes, axels, wheels, fuel systems, tires, and ignition modules)
- Recreational products
Cooney & Conway assists injured individuals with bringing claims against tortious parties, with the goal of fair compensation for their injuries. Our lawyers have been representing individuals severely injured by unsafe products for over 60 years.
If you or a loved one encountered a product that caused an injury or death, a serious injury attorney at Cooney & Conway can help to recover damages resulting from a product’s defect. Contact us through the contact information form located on this page, or call toll free at 800-322-5573 to set up a free consultation to discuss your legal options with an experienced Chicago personal injury lawyer.