NEW YORK – A U.S. court has ordered pharmaceutical giant Johnson & Johnson to pay over $110 million to a woman who developed ovarian cancer while using the company’s talc products.
Lois Slemp, 62, claimed she used Johnson & Johnson’s talc-based powders for over 40 years before she was diagnosed with cancer in 2012. Slemp is currently receiving chemotherapy after the cancer returned and spread to other organs.
According to court documents, the pharmaceutical company failed to warn customers about the risks associated with using talc-based powders, such as Johnson & Johnson’s Baby Powder and Shower to Shower Powder.
Last year, three separate jury verdicts determined that J&J was negligent in providing adequate warnings about the risks of talc powders. Despite these verdicts, the company continues to defend its Baby Powder, claiming it is safe.
IS TALCUM POWDER SAFE?
Several medical and lab studies have determined that talcum powder can cause ovarian cancer if the powder, which is generally applied to the genital area, reaches the ovaries. Findings have been mixed, but some research has found an increased risk in women who regularly use talc-based products.
The International Agency for Research on Cancer has classified talc as “possibly carcinogenic” due to the mixed research conclusions.
In its natural form, talc contains microscopic fibers known as asbestos, which is cancerous. However, most talc-based products are asbestos-free.
WHAT CAN I DO IF I HAVE OVARIAN CANCER?
Women who have been using talcum powder products in their hygiene routines may be able to link the use of talc-based products like Johnson & Johnson’s Baby Powder to ovarian cancer. Many talcum powder lawsuits have resulted in significant jury verdicts for compensatory damages and punitive damages.
In some cases, talcum powder attorneys have obtained millions of dollars for their clients following a successful talcum powder lawsuit.
The talcum powder lawyers at Cellino & Barnes are former doctors and highly-trained professionals who understand how pharmaceutical products can affect an individual. If you or a loved one has been diagnosed with ovarian cancer, contact an experienced talcum powder lawyer for a FREE case evaluation.
NEW YORK – There’s a construction boom with as many as 150,000 workers building homes, businesses and offices around the city. Some projects are daunting, but the biggest challenge these workers face is safety.
Since 2015, thirty construction workers have died at New York work sites. In response, City Council introduced the Construction Safety Act in January. The legislative package consists of 21 bills that aim to regulate, change and enforce safety in construction zones.
Parts of this package have been controversial, drawing protests from both sides. However, most of those who will be impacted by these bills agree that there needs to be a commitment to safety. The problem has been, and still is, determining what policies will be most effective.
“Falls account for nearly 40-percent of all work zone injuries in New York,” construction accident lawyer Ross Cellino said. “Electrocutions and falling objects are also common causes of injury, but proper training and the most up-to-date safety equipment can help reduce the number of accidents.”
In 2015, falls accounted for 364 out of the 937 total deaths in construction. If falls, electrocutions, falling objects, and pinning accidents could be prevented, the Occupational Safety and Health Administration (OSHA) estimates 602 lives would have been saved that year.
OSHA is the arm of the Department of Labor which ensures that construction sites are abiding by today’s safety standards. However, there are gaps in the standards themselves.
New York construction accident lawyers say many workers receive little-to-no training, and some work sites lack proper supervision.
Superintendents in New York City are only required to take a 10-hour OSHA course in construction safety, and many organizations feel that is not enough. The Building Trades Employers’ Association has recommended at least 30-hours of training for construction superintendents.
“Training is really at the heart of construction safety,” Cellino said. “Workers that can identify possible safety hazards are crucial in today’s construction industry, and proper training has been proven to reduce the number of accidents at a given work site.”
It is the employer’s responsibility to provide workers with adequate training and safety equipment before placing them in a construction zone. Unfortunately, not all workers get the same treatment.
Construction accidents can be serious and life-altering. Many victims may not be able to work again, while others may experience a decreased value of life. Although some injuries and scars may never be healed, there is a process to get financial compensation after an accident.
The New York construction accident attorneys at Cellino & Barnes have helped many New Yorkers get significant financial compensation after a fall, electrocution, or other injury on a construction site. This compensation can help workers with:
Pain & Suffering
If you or a family member has been injured on a construction site, contact the personal injury firm other New Yorkers have trusted for over 50 years. A New York construction accident attorney at Cellino & Barnes can provide you with a FREE case evaluation, and they will custom-make a legal claim for your specific needs.
NEW YORK – Construction safety is a hot topic in the metro-area, and for good reason. In the past two years, more than 30 workers have died on work sites – and many more have been injured in preventable accidents.
It’s not a trend the city is particularly proud of. Recently, city council passed a bill that would track and publish a list of accidents at area construction sites. In the past, many accidents went unreported, but the newly passed legislation aims to reduce that bad habit by fining companies up to $25,000, if they fail to report an accident.
Other safety measures were included in the bill aim to make work zone safety a priority in New York. But a Brooklyn construction accident lawyer at Cellino & Barnes says the concerns extend beyond city and state borders.
“Construction accidents are on the rise across the country, and it’s very concerning – especially for families with workers in active areas like Brooklyn,” construction accident attorney Steve Barnes said. “From a safety standpoint, it’s important to keep up-to-date on major reports and statistics to make sure companies are abiding the regulations and standards that are necessary to keep our friends and loved ones safe when they’re on the job.”
4% – How much private construction fatalities have increased in just one year, according to the Bureau of Labor Statistics. Researchers found that workplace incidents are at their highest number since 2008.
47% – The share of fatalities that happen at small companies, or businesses with fewer than 10 employees. According to the Associated General Contractors of America, nearly half of all construction accidents involve smaller, often privately-owned, contractors. The Brooklyn construction accident attorneys say there is often less oversight at smaller companies, increasing the risk for workers.
250 micrograms – The maximum measurement of silica dust workers are legally allowed to be exposed to. This is an important number because contractors will soon be required to adhere to more stringent policies. This fall, OSHA will begin enforcing a new silica rule, which only allows workers to be exposed to 50 micrograms per cubic meter over an eight-hour period. Silica has been linked to lung cancer, kidney disease, and many other illnesses that are currently affecting thousands of Americans.
6,929 – The number of citations construction companies received last year for failing to provide workers with safety equipment that can reduce, or eliminate injuries as the result of falls. Falls are the leading cause of injury on U.S. construction sites, and many contractors are required to use harnesses, helmets, and other fall-protection items.
553,000 – The number of lives that have been saved due to regulations implemented in the Occupational Safety and Health Act of 1970. According to the AFL-CIO, safety regulations are working – but Brooklyn construction accident attorneys say there’s room for improvement. If all contractors supplied their workers with the most up-to-date training and safety equipment, most accidents could be prevented.
$1.5 Million – The fine one company received after a 2016 trench collapse killed a worker. That’s just the fine. There are other costs associated with a serious construction accident.
Unfortunately, insurance companies aren’t quick to give construction workers the maximum compensation they’re entitled to after an injury; and obtaining a strong legal advocate can help families get the best results possible.
The Brooklyn construction accident lawyers at Cellino & Barnes have helped many families in their fight to get what is fair, and the New York law firm has obtained over $2 billion for injured clients.
If you or a loved one has been injured on a work site or while operating heavy machinery, a Brooklyn construction accident lawyer at Cellino & Barnes can fight to get you compensation that will help cover the costs of medical bills, lost wages, pain and suffering, and more.
Contact an experienced Brooklyn construction accident attorney for a FREE case evaluation:
NEW YORK – Winter has wrapped up (about time) and the temperatures are starting to rise, but some places already have amazing weather. It’s time for a spring vacation! But before you leave the city for a Gulf-coast beach, be prepared – and make sure your spring break isn’t wrecked by serious injuries, or complicated legal matters.
Some of the first types of injuries we think about during spring break are often alcohol related. Binge drinking is dangerous without combining other activities, but each year there are a handful of spring breakers – usually college students – who are hospitalized, or even killed, after drinking way too much.
However, many accidents happen to innocent victims who are completely sober, and trying to make the most of their vacation.
Some of the most common spring break injuries include:
Assault and other criminal injuries – Sadly, some of our favorite tourist destinations are also troubled by high crime rates. Criminals often target tourists knowing that out-of-towners often carry cash or valuables with them. If you are ever attacked while on vacation, it is important to file a police report immediately. In many cases, victims of violent crimes may also be entitled to compensation from the convicted criminal, property owners, or others. In 2012, a college student filed a lawsuit against a spring break party sponsor after he was beaten and stabbed at a Texas beach party.
Property negligence – these injuries can happen anywhere; from nightclubs to hotel lobbies, or even walking along a boulevard sidewalk. If you slip, trip or fall due to someone else’s negligence, a New York slip and fall lawyer at Cellino & Barnes can help you get the best result possible from a claim. Property negligence is broad, and it can also include injuries sustained as a result of falling objects, dangerous or sharp items, and others. If you believe a property owner was negligent in providing customers like yourself a safe vacationing environment, speak with a New York slip and fall attorney at Cellino & Barnes for a free case evaluation.
Bus accidents – While visiting popular vacation destinations, you may want to take a tour bus to see the sights, but we’ve all heard of recent heartbreaking tour bus accidents in the news. While it’s easy to say that ‘accidents happen,’ the truth is, almost all bus crashes can be prevented. A New York bus accident lawyer at Cellino & Barnes says it is the tour company’s responsibility to provide safe transportation to all customers. In 2015, several lawsuits were filed against an amphibious tour bus in Seattle after it lost a wheel and crashed into another bus.
Cruise ship injuries – Cruises are extremely popular spring break retreats. A cruise ship injury lawyer at Cellino & Barnes says these massive boats may also be responsible for thousands of injuries each year. Unlike your typical land-based resort, cruise ships are always moving (even when they’re docked). Some of the most common injuries stem from slippery decks, falling objects and contaminated food on a cruise. In 2015, an Illinois vacationer received a $21.5 million award from a federal court, because he was hit in the head by a sliding glass door while on a cruise.
Airplane injuries – Wherever you go for spring break, you’ll probably want to fly there. Every spring, the TSA screens over 65.1 million travelers. Most of these vacationers get to their destination without incident, but some may suffer serious injuries in-flight. While crashes are rare in the airline industry, accidents are not. It’s estimated that thousands of airline passengers are hospitalized each year after being struck by falling luggage. A New York airline injury lawyer at Cellino & Barnes says there are many other things that can go wrong on a flight, including burns from spilled hot beverages, tripping in the aisle, falling from sudden jostles, service cart injuries, and more. Recently, an airline passenger suffered a concussion and a broken nose after he was violently dragged off an overbooked flight.
Spring break is a great way to get away from the city and all its worries, but accidents can happen anywhere. At Cellino & Barnes, our attorneys have won cases in all 50 states, and internationally. If you or a family member has suffered injuries in a spring break accident, the New York personal injury attorneys at Cellino & Barnes can explain your unique path to potential compensation, for free.
NEW YORK – You’ve probably seen it before: a driver cruising down the street with a cell phone in their hand.
Whether they’re talking on the phone, or texting, the activity has been shown to be distracting, dangerous, and in New York, it’s illegal. But drivers don’t seem to care. According to a new Safe Driving Report by Everdrive, almost everyone has broken the law at least once in the last month.
The study estimates that 92-percent of the U.S. drivers with a cell phone have used it behind the wheel in the past 30 days. Using data collected on nearly 3-million vehicle trips and over 200 miles driven, the company used motion sensors and other factors to determine how dangerous some drivers can be.
A Brooklyn car accident lawyer at Cellino & Barnes says distractions are the top cause of crashes on New York streets and highways, and these incidents often involve cell phones.
“When you first hear that almost everyone has held a cell phone while driving in just the last month, you might think the numbers have to be off, but it’s a serious issue in Brooklyn,” car accident attorney Steve Barnes said. “Take a look around at the cars on your street and you’ll almost always find someone trying to multitask while in traffic.”
According to Everdrive’s statistics, 38-percent of all drivers on the road are using a phone at any given moment.
What’s even more concerning is that 36-percent of all traffic could also be speeding. Brooklyn car accident lawyers say many accidents can be attributed to a combination of the two offenses.
“Most car accidents have multiple factors,” Barnes said. “Distractions alone can increase the chance of a crash by up to four times, but when the driver is also speeding, merging lanes, or turning, the risk exponentially increases.”
It’s now estimated that roughly half of all car crashes involve a distracted driver. That equates to roughly 1.2 million crashes each year, and safety advocates believe distractions could be behind even more accidents.
If you or a family member has been injured in a motor vehicle crash, the Brooklyn car accident attorneys at Cellino & Barnes have years of experience fighting for victims’ rights, and they’ve helped New Yorkers obtain over $2 billion in settlements and verdicts.
ROCHESTER, N.Y. – Everyone knows texting and driving is dangerous – even illegal in most states; but that doesn’t stop millions of drivers from being distracted behind the wheel every day.
Researchers studying the bad habit have found that many drivers try to ‘compensate’ for their distractions, usually by slowing down. But new research has found that those drivers who slow down to use their smartphone actually increase the risk of being involved in an on-road conflict.
Reducing your mph might sound like a safe idea, but a drastic drop in speed could have serious consequences, especially when the driver is distracted.
According to the newest research on the subject, traveling just 5mph slower than free-flowing traffic increases your risk of nose-to-tail crashes as a result of sudden stopping. It can also be frustrating for other drivers you share the road with. A Rochester car accident lawyer at Cellino & Barnes says many people have likely experienced this while on Western New York roads.
“Many of us have probably seen a distracted driver, either on their cell phone or glancing down at their lap to text while on the highways around Rochester,” car accident attorney Ross Cellino said. “It’s frustrating to the safe driver, and it can often take their attention away from the road too.”
Study authors argued that distracted drivers traveling slower than the speed of traffic also add to traffic congestion.
Clearly, nothing has successfully addressed this issue yet. Rochester car accident lawyers say distracted driving is now at an all-time high, despite strict traffic laws and public awareness. It’s estimated that distractions are a factor in roughly half of all car crashes.
Safety experts believe the only way to solve the problem is to improve the technology itself, and change the way smartphones work.
“If smartphones could power themselves off when they’re in the driver’s seat, we wouldn’t have as many crashes,” Cellino said. “It’s really heartbreaking that most of these incidents could be prevented with a responsible driver behind the wheel.”
Offenders are not only susceptible to getting a ticket for operating a handheld device; they can also be held responsible for someone else’s injuries, if their distractions caused a crash.
The Rochester car accident attorneys at Cellino & Barnes say non-fatal car crashes cost an average of around $25,000, but victims could be entitled to more compensation, depending on their unique situation.
When someone is injured by a distracted driver, obtaining the right evidence can help victims maximize their compensation. At Cellino & Barnes, their attorneys have experience investigating in-vehicle distractions, and with their team of trial-tested lawyers, the firm has helped many families get the best result possible from an injury claim.
If you or a family member believes injuries were caused by a distracted driver, get in touch with an experienced Rochester car accident attorney at Cellino & Barnes – For Free.
BUFFALO, N.Y. – Imagine punching into work, wondering if today will be the day you’re attacked by a dog. That’s what postal workers face every week when they’re out on their mail routes.
The U.S. Postal Service (USPS) reports nearly 7,000 postal workers were attacked by dogs last year, and almost a hundred of these incidents happened in Western New York.
In Buffalo alone, nearly 30 mail carriers were attacked by dogs in the last 12 months, placing the city in the top 25 for dog attacks.
A Buffalo dog bite attorney at Cellino & Barnes says dog attacks are happening more frequently, but almost every incident is preventable.
“Postal workers have put in place several safety measures to help mail carriers avoid an attack, but the number of dog bites increased this year by almost 5-percent nationwide, and more in places like Buffalo,” dog bite lawyer Steve Barnes said. “It’s up to dog owners to make sure their pet is trained and leashed when they’re outside, or the owner could be held responsible for any dog bite injuries.”
In some cases, postal workers were hospitalized after a mauling. Buffalo dog bite lawyers say these attacks can be vicious, and often leave permanent injuries; both physically and mentally.
Children are most often the victims of these attacks, but adults in certain occupations can frequently encounter dangerous dogs. These occupations could include:
Delivery service employees
Home maintenance contractors
Real estate agents
Home health providers
“Aggressive dogs are always a concern for workers in some of these industries,” Barnes said. “The injuries can sometimes be severe, and the legal process of getting compensation can be complicated, especially for dog bites in Buffalo.”
If you or someone you love has been attacked by a dog, the details of the incident are crucial in New York State. The Buffalo dog bite attorneys at Cellino & Barnes suggest giving them a call to discuss these details with an experienced legal advocate. The consultation is free, and with the firm’s No Fee Guarantee™, dog bite victims won’t owe any legal fees unless Cellino & Barnes wins their case.
Contact a lawyer with a track record of winning dog bite cases today for a free case evaluation and a step-by-step explanation of the legal process ahead.
BUFFALO, N.Y. – When you’re injured or sick, your first diagnosis from your primary care doctor is often incomplete or just plain wrong, a newly published study has found.
Diagnostic error is one of the most common causes of injury in American hospitals today, and the new research conducted by health experts at the Mayo Clinic estimated that more than 20-percent of those who get a second opinion from another doctor find out their original diagnosis was wrong.
The new information is similar to other research on diagnostic errors in hospitals, but it gives safety advocates more evidence that there’s a fundamental flaw in the health care system, and there’s room for improvement.
A Buffalo medical malpractice lawyer at Cellino & Barnes says misdiagnosis is extremely common, and many patients can receive the wrong treatment and become seriously ill or injured.
“Almost everyone will receive a late diagnosis or one that’s completely incorrect at least once in their lives,” Buffalo medical malpractice attorney Steve Barnes said. “These errors can have traumatizing effects on a patient, and in some cases they have even resulted in death.”
According to the National Academy of Medicine, at least 12 million people are misdiagnosed every year. Researchers believe these incidents are also under-reported, so the true number of those impacted by incorrect medical opinions could be far greater.
Traditionally, diagnostic errors in hospitals have been a factor in roughly 10-percent of patient deaths, and they could account for nearly 20-percent of all adverse events in hospitals.
“Inaccurate medical opinions can have a wide range of negative effects on a patient,” Barnes said. “Not only is the patient not feeling better, but they could be prescribed drugs they don’t need, or risky surgeries that aren’t necessary.”
Doctors at the Mayo Clinic looked at nearly 300 patients who had recently seen their primary care doctors. In 62 cases, the second diagnosis was “distinctly different” from the original medical opinion. Only 12-percent of the diagnoses were the same. Doctors partially disagreed with each other’s opinions in the remaining 188 cases.
Buffalo medical malpractice lawyers say a second opinion can be valuable whenever a patient has a serious condition or requires a high-risk operation. In the end, that second opinion could save a lot time, money and heartache.
Unfortunately, mistakes continue to harm patients around the country. Some of the Buffalo medical malpractice attorneys at Cellino & Barnes are former doctors, and well-versed in modern medical procedures and illnesses. They’ve also helped many victims get compensation from an injury suffered as a result of medical malpractice.
If you or a loved one has suffered as the result of a misdiagnosis, botched operation, or other type of medical malpractice, contact Cellino & Barnes for a free case evaluation.
NEW YORK – If you’ve ever watched the cars whiz by you in the Big Apple, you might conclude that many of them are speeding well above the speed limit.
We now have data to confirm your suspicions, and it’s estimated that 60-percent of New York’s drivers are traveling faster than the law allows.
The data, put together by the Department of Health and Mental Hygiene, surveyed drivers in an attempt to tap into their driving habits. The survey not only found that most of the city has a need for speed; it also found that roughly one-fifth of its motorists are texting and driving.
These aren’t minor offenses either – speeding was defined as “driving at least 10 miles above the speed limit.”
64% said they sometimes sped
13% said they sped “often”
19% reported they were distracted; either by texting or emailing while driving
The report also found that as age increased, the prevalence of texting or emailing while driving went down, from an astounding 34-percent among drivers under 24 years-old to just 3-percent of drivers over 65.
A Manhattan car accident lawyer at Cellino & Barnes says distractions and speed are often major factors in crashes, and many victims have taken offenders to court for their bad habits.
“Speeding and texting are two of the deadliest habits drivers have while on the streets in Manhattan,” car accident attorney Steve Barnes said. “When our team investigates a crash, we often try to find if either of these bad habits were a factor because that evidence could help injured victims maximize their compensation.”
WHAT TO DO IF YOU GET HIT BY ANOTHER DRIVER
City officials tout that these numbers are still below national averages, but the statistics are eye-opening. Another shocking statistic: more than 160,000 people are injured in car crashes every year in New York alone.
The unfortunate reality is that car crashes happen in the city every day, and there’s almost always an innocent victim.
If you or a family member has been injured, the medical costs, lost work and the pain can be overwhelming, but the Manhattan car accident attorneys at Cellino & Barnes have helped New Yorkers get compensation after these devastating crashes.
When you or a loved one is injured, count on the law firm that has helped thousands of victims get the best result possible. Call the Manhattan car accident lawyers at Cellino & Barnes for a free case evaluation.
GARDEN CITY, N.Y. – Since 1927, the Southern State Parkway has been a fixture in Long Island. For the most part, it’s also remained unchanged, and according to several legislators and safety officials, that’s a big problem.
According to a 2016 study conducted by the New York State Department of Transportation, more than 10,000 traffic collisions happened on the Southern State Parkway over the past five years. These crashes included more than 3,000 that resulted in serious injuries and nearly three dozen fatal accidents.
A Long Island car accident lawyer at Cellino & Barnes says many of those crashes can be attributed to outdated road design and crumbling infrastructure. In some cases, even the signs can be outdated.
“The Southern State Parkways is one of the most dangerous roadways on Long Island,” car accident attorney Steve Barnes said. “It has short entrance ramps, and the aging design of the road doesn’t always give drivers the time and distance they need to safely merge into traffic, which could be going 55 miles-per-hour, or faster.”
The roadway is notoriously dangerous. In fact, it has the attention of several lawmakers who recently introduced bills in both the New York State Assembly and the New York State Senate. If passed, the bills would establish a study to evaluate the configuration of the Southern State Parkway, including its entrance ramps, exit ramps, signage, and whether other safety measures are needed.
The act would also help traffic safety officials obtain federal funds that could pave the way for safety improvements.
“New York State can sometimes be held partially responsible for an accident that occurs on a problematic roadway,” Barnes said. “In many cases, the Department of Transportation has known about technical flaws that present safety hazards for drivers, but it often takes a devastating accident to get these issues ironed out.”
Unfortunately, any plans for a redesigned parkway could be months, or even years away. But statistics have shown that a deadly accident occurs every other month on Southern State Parkway.
If you or a loved one has been injured by a negligent or speeding driver on this dangerous stretch of roadway, the Long Island car accident lawyers at Cellino & Barnes can help. They’ve obtained more than $2 billion for their clients, and their experience could help you get the best result possible from an injury claim.
Contact one of our Long Island car accident attorneys for a free case evaluation.
Cellino & Barnes (800) 888-8888
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