Category Archives: Toxic Substance Lawsuits

News and Information on Toxic Substance Lawsuits

Johnson & Johnson Talcum Powder Lawsuit – Jury Decision Awarding $117 Million

Johnson & Johnson Talcum Powder Lawsuit Attorneys at Gilman Law LLP Comment on Jury Decision Awarding $117 Million to Plaintiff in Baby Powder Mesothelioma Case

A jury in New Jersey’s Middlesex County Superior Court has ordered Johnson & Johnson and its talc supplier to pay $117 million in total damages to a man who developed mesothelioma following years of exposure to the company’s popular Baby Powder product.

According to court documents, the plaintiff’s exposure to Baby Powder dates back to 1972 when he was born. The talc-based powder continued to be a regular part of his personal hygiene routine until he was diagnosed with the deadly form of cancer.  His talcum powder lawsuit alleged that the talc used to manufacture Johnson & Johnson’s Baby Powder was tainted with asbestos and was the only possible explanation for his mesothelioma diagnosis. (Lanzo v. Cyprus Amex Minerals Co., L00738516, Middlesex Superior Court)

Mesothelioma Plaintiff Awarded $37 Million in Compensatory Damages, $80 Million in Punitive Damages

“The plaintiff in this case was able to produce a significant number of internal documents that indicated officials at Johnson & Johnson were concerned that asbestos was tainting its talc as early as 1969,” says Ken Gilman, founding and managing partner of Gilman Law LLP. “The company’s scientists even warned Johnson & Johnson to prepare for litigation if that information ever became public.”

Jurors deliberated for less than a day before finding Johnson & Johnson and Imery’s Talc America liable for the plaintiff’s pain and suffering, awarding him and his wife $37 million in compensatory damages on April 5, 2018. The plaintiff was awarded another $80 million in punitive damages on April 11th, after the jury determined that the defendants’ conduct showed willful and wanton disregard for his health.

Talcum Powder Ovarian Cancer Lawsuits

“This was the first time a jury has found for the plaintiff in a case involving Johnson & Johnson’s talcum powder products and mesothelioma,” says Mr. Gilman. “However, several juries had already awarded multimillion verdicts to plaintiffs who had filed talcum powder lawsuits against the company for ovarian cancer.”

More than 6,600 claims nationwide have been filed on behalf of women who developed ovarian cancer allegedly related to the long-term, daily application of Johnson’s & Johnson’s talc-based powders to the perineal area. So far, four plaintiffs have been awarded compensatory and punitive damage totaling more than $400 million, though two of those verdicts were recently dismissed.

Gilman Law LLP is providing complimentary lawsuit consultations to anyone who was diagnosed with ovarian cancer or mesothelioma that may be related to their use of Johnson & Johnson’s Baby Powder or Shower-to-Shower. For more information, please contact the firm today by visiting our website to fill out a free, no obligation case evaluation form, or call Toll Free at 1-888-252-0048.

About Gilman Law LLP

Gilman Law LLP, a leading pharmaceutical law and defective drug law firm, has been recognized for delivering successful results to their clients across a broad range of claims stemming from consumer product injury, mass tort, and class action lawsuits. For over 40 years, the Gilman Law LLP team of highly experienced lawyers has earned renown for tireless work on behalf of their clients on many of today’s most challenging and important legal issues.

Gilman Law LLP
170 Milk Street, Fourth Floor
Boston, MA 02109

Anniversary of Imprelis Recall Nears, as Claims and Exclusion Deadlines Loom

With the anniversary of DuPont’s Imprelis recall just two months away, property owners are being warned that their rights to obtain compensation from DuPont for their dead and dying trees may be in jeopardy. According to a proposed Imprelis class action that is currently awaiting court approval, property owners have only until June 28th to either file a claim or opt-out of the class action settlement. It is only by informing the Court, in writing, of their desire to opt-out of the settlement of filing a claim by June 28, 2013 that property owners and other damaged parties will be able to maintain their right to file an individual Imprelis claim or lawsuit against DuPont.

DuPont brought its Imprelis herbicide to market in 2010, boasting that it was “the most advanced turf herbicide in over 40 years.” But it wasn’t long after lawn care professionals started using Imprelis in the spring of 2011 that reports began to surface around the country that trees within proximity of Imprelis applications were showing signs of damage and death. After an investigation, the U.S. Environmental Protection Agency (EPA) blamed Imprelis for the deaths of thousands of mature landscape trees around the country. DuPont announced an Imprelis recall in August 2011, and the EPA issued a Stop Sale and Removal Order for the product that same month.

The cost to replace mature landscape trees is astronomical, and many property owners lost multiple trees to Imprelis. Not surprisingly, the company is facing thousands of claims, and recently, the proposed class action settlement was announced. Approval of the pact could come as soon as this fall.

What remains to be seen is whether or not the compensation provided by the Imprelis class action settlement will be adequate to cover the damage sustained by homeowners. For one thing, severe damage to tees and adjacent vegetation may not occur or become apparent until years after an Imprelis application. Gilman Law LLP believes property owners who sustained losses due to Imprelis are entitled to substantial compensation, including tree removal and replacement with like kind trees (e.g. similar in size), and an unlimited full warranty from DuPont for any future Imprelis tree damage and full remediation.

Some property owners have decided to forgo the Imprelis class action process in favor of filing their own individual claims and lawsuits against DuPont. However, that will no longer be an option once the June 28th court imposed deadline has passed. Anyone who hasn’t either filed a claim or informed the Court of their desire to be excluded from the settlement will no longer have any legal options available for obtaining compensation. And again, those who wish to opt-out must do so in writing before the June 28th deadline.
Gilman Law LLP is currently granting priority status to Imprelis claimants. If you would like assistance exploring the legal options available to you, please contact Gilman Law LLP for a free legal consultation before June 28th by filling out the online form on the left or call Toll Free at 1-888-252-0048.

Imprelis Tree Damage Lawsuits Mount with New Class Action in Minnesota

Property owners around the country continue to file lawsuits against DuPont over its tree-killing herbicide, Imprelis. Most recently, a Minnesota property owner represented by Gilman Law LLP, a national law firm assisting individuals with tree damage from Imprelis, filed a class action lawsuit in Minnesota federal court seeking compensation for amounts paid for lawn care services, the loss of trees, and other damages on behalf of Imprelis victims in Minnesota and throughout the U.S.

Imprelis Tree Damage Details

Example of Imprelis Tree Damage

Example of Imprelis Tree Damage

Imprelis is the brand name for aminocyclopyrachlor, an herbicide conditionally approved by the U.S. Environmental Protection Agency (EPA) in August 2010. DuPont promised that Imprelis would provide professional landscapers with an environmentally safe way to kill unwanted broad leaf weeds, including dandelions, clovers, ground ivy, and wild violets. However, shortly after Imprelis became commercially available in the Spring of 2011, reports started coming in from Minnesota, Indiana, Illinois, Ohio, Michigan, Pennsylvania, Maryland, Virginia, Delaware, Wisconsin, West Virginia and other states that trees located in proximity to Imprelis applications were either dead or dying. Most of the reports involved conifer trees, including Norway Spruce, white pine, white spruce, Colorado blue spruce, and described yellowing, browning, curling, and/or dieback of current-season growth. In the most severe cases, entire trees turned brown and began to loose their needles.

Both DuPont and the EPA launched investigations that summer, and on August 4, 2011, the EPA issued a Stop Sale & Removal Order to DuPont, effectively banning Imprelis. By the time the order was issued, DuPont had submitted more than 7,000 adverse incident reports to the EPA involving Imprelis.

How To Recover If You Have Imprelis Tree Damage

Thousands of property owners who lost valuable, mature landscape trees to Imprelis have since filed suit against DuPont in a consolidated litigation now underway in U.S. District Court, Eastern District of Pennsylvania seeking compensation for their dead and dying trees. DuPont has also set up its own claims process, and set aside $225 million for those claims that have already been submitted. The New York Times recently reported that the payout under that program could ultimately reach $575 million. However, some property owners who filed for compensation through that program told the Times that they had grown frustrated with DuPont. Apparently the process has been rather slow thus far, and DuPont’s communication with claimants has left a lot to be desired. It should also be noted that claimants who do accept compensation through this program must permanently waive their right to sue DuPont.

Gilman Law LLP Can Assist You With An Imprelis Claim or Imprelis Lawsuit

The lead Plaintiff in the class action lawsuit filed by Gilman Law LLP sustained damage to several trees on his property since having Imprelis applied to his lawn last year. The complaint alleges that trees can absorb Imprelis through distant, unexposed roots. As such, exposure and damage cannot be prevented by avoiding direct contact between Imprelis and the trunk and/or leaves. The lawsuit further alleges that DuPont failed to warn users that if Imprelis is applied as directed, non-target vegetation will be killed or damaged by herbicide. As a result, property owners have suffered the loss of thousands, if not tens of thousands, of mature trees.

How To File A Claim for Imprelis Tree Damage

Gilman Law LLP is still offering free legal consultations to Imprelis victims nationwide, including tree farms, residential property owners, tree nurseries and forests, golf courses, composting sites, turf managers and professional landscapers, parks, schools, and college campuses. Anyone considering filing suit against DuPont should contact the firm immediately, before their state’s statute of limitations expires, or they may miss their chance for any recovery. Gilman Law LLP also urges property owners to seek legal advice before accepting any agreement from DuPont to ensure the offer is fair. Free consultations are available by completing our Free Imprelis Consultation Form, or call Toll Free at 1-888-252-0048.

Water Contamination: Has Fracking Put You At Risk?

New Reports, Lawsuits, and Studies raise awareness as to the risk of water contamination and well contamination from the so-called environmentally safe procedure known as “fracking.”

Drinking Water Contamination From Fracking

Drinking Water Contamination From Fracking

Have you suffered property damage, water contamination, contamination of water supplies, or other injuries associated with the natural gas drilling process known as hydraulic fracturing or fracking? Also known as shale gas drilling, fracking is booming in the Marcellus shale, Barnett shale, Fayetteville shale and elsewhere in the U.S. While the natural gas industry touts hydraulic fracturing as a means of economic development and energy independence, lawsuits allege that groundwater contamination and drinking water contamination have occurred because of fracking. Opponents of fracking assert that this type of drilling has also resulted in excessive air pollution and even caused earthquakes in communities where hydraulic fracturing has boomed.

How To Receive Compensation For Your Fracking Injuries or Water Contamination

If you believe your drinking water well was contaminated by fracking, or you sustained other property damaged or health problems that you believe could be related to this type of natural gas drilling, the experienced toxic substance and environmental lawyers at Gilman Law LLP may be able to help you obtain maximum compensation for you damages or injuries. Our firm is offering Free Fracking Lawsuit Consultations to anyone whose health or property has been negatively impacted by fracking. To discuss your fracking lawsuit with the experienced legal team at Gilman Law LLP, please contact us today by calling us toll free or completing the form to the left of this screen.

You may also visit our Florida Accident Injury Law Firm website to speak with an experienced accident injury lawyer concerning other personal injury claim.

How To Get Compensation for DuPont Imprelis Damage: Dead Trees, Dying Trees, Unintended Side Effects

DuPont Imprelis Damage and Herbicide Side Effects: Norway Spruce, Eastern White Pine Tree, Conifers, Willows, Poplars and Deodora Cedars Deaths and Damage Across U.S.A., Lethal Damage to Mature Trees, Browning Of Leaf Tips, Evergreen Trees Threatened, Tree Farm Destruction, Christmas Tree Farm Damage

Picture of Imprelis Damage: Dead Tree

Picture of Imprelis Damage: Dead Tree

Businesses, golf courses and their management, home owners, and other individuals who noticed possible Imprelis damage after having their property treated with this herbicide may be able to file a claim or join in a class action lawsuit seeking financial compensation for the herbicide damage. Allegedly, the herbicide, which was advertised as being environmentally friendly, has been traced to the cause of death for thousands of eastern white pines, Norway spruces and other trees on golf courses and lawns across the country. Because the DuPont, manufacturer of the herbicide, may have been negligent in testing the product or reckless in releasing it into the marketplace, property owners who allege that they noticed Imprelis damage after using the potentially defective herbicide may have legal recourse.

If you have noticed Imprelis damage or other herbicide problems after treating your property with Imprelis, you may participate in a DuPont Imprelis lawsuit to seek compensation for property damage.

Signs of Imprelis Damage

Imprelis was used to kill broadleaf weeds on lawns, golf courses, parks and others properties, but has now been linked to tree damage and death caused by the herbicide. However, the herbicide has been linked to the following property damages:

  • Tree damage
  • Tree death
  • Tree removal costs
  • Additional landscaping costs
  • Loss of privacy
  • Decrease in property value

How To Get Compensation For Imprelis Damage

IMPORTANT: DO NOT meet with DuPont or sign any paperwork until you have spoken with an attorney first. You may be forfeiting your rights to seek representation against DuPont. If you have already signed paperwork or met with DuPont, please contact us and let us discuss your legal options to ensure you are compensated fairly.

In cases involving herbicide damage, it is very important that you document any and all evidence with photographs, or other documentation. Initial steps can include the following:

  1. Take digital photos, preferably with the date and time corresponding to each photo. Photos of the overall condition of the tree, as well as pictures of specific areas of the tree that have been damaged will be most useful.
  2. Soil, foliage, and tree core samples should be taken, if possible, to help provide a greater understanding of the extent of damage.
  3. Contact the toxic substance and environmental damage lawyers of Gilman Law LLP at (888) 252-0048 to ensure other steps are not required and you are able to document your claim. Our experienced staff of toxic substance and environmental damage attorneys will be able to provide you with more documentation tips.

As always, you may call our toxic substance and environmental damage attorneys toll free for a Free Consultation at (888) 252-0048.