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General discussion

Those TV lawsuits lawyers

Mar 5, 2017 7:22AM PST

hardly does it go by that some lawyer group/assoc. want you as a plaintiff. I realize most are going after the big money but it seems why didn't they see that going. Of course, I *assume* the ones being sued are at fault. The talc, asbestos, medicine, wrongful death, car accidents, etc., want you. I don't see where some faulty medicine could have gotten distributed but new drugs get released pretty dang quick. Then within a 1-2 yrs. some lawsuit follows. I realize the % could well be a cause, but the drug example, what used to be after 5-6yrs. of testing finally it gets released, but now I believe it maybe more in the 6mo-1yr. range. You take what you will of this but it can't bode well.

Heck, don't you love it when they advertise, "even if dead" you can sue. Yeah, if you're dead, you'll file a lawsuit. I know, I know, but.... -----Willy Happy

Discussion is locked

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"Side effects may include sudden death, in which case,
Mar 5, 2017 1:05PM PST

call your lawyer."
I don't know why there has been an increase in the ads. Maybe there has been a change in court rules that helps the plaintiffs.
The asbestos thing is decades old. Johns Manville and other now-defunct asbestos companies had much of their assets put into trust for future plaintiffs. If that's the source of the '$30 billion fund' being touted, then there won't be that much left.
The one that bothers me is the 'permanent hair loss' ad about the cancer drug. First, everyone knows cancer treatments cause hair loss temporarily; permanent loss is something I myself would not be concerned with, because
Second, if you're alive to sue, it means you BEAT THE CANCER! Wigs are cheaper than life.

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Talcum powder:
Mar 5, 2017 1:15PM PST

Many companies make it, many more sell it. Why Johnson & Johnson? Deepest pockets. Nothing to do with medical ethics or victim tragedies etc. And J&J is appealing, with a strong chance of overturn or mitigation.
And, the last I heard in case of losing, the plaintiffs still can get billed for "expenses". Read the fine print - if you can, even on big-screen. Happy
On the other side, the defendant companies almost always have siege mentality about these cases. What if the drug company had offered free, lifetime wigs to the victims, without admitting guilt? Much cheaper than 'pain & suffering' payouts. But anyone suggesting it would lose his job.

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Reason I posted talc cases
Mar 5, 2017 6:06PM PST

This is more for the females it seems, but heck who knew that "talc" caused cancer as common knowledge. This morning they reported that talc used in commercial uses, the talc companies stated that it could cause cancer for employees handling it. NOT the typical home user.

Then there is the non-functioning airbags of cars. As they state, "even if not your fault" just being in an accident where they didn't deploy. This goes on and on, just wonder if something new comes out, if you can even try to install whatever w/o a lawyer clamoring yrs. later. ------Willy Happy

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It's a rock. It's the softest, 1 on the Moh's hardness scale
Mar 6, 2017 2:24AM PST

Still a rock, and I wouldn't be surprised to learn the finely-powdered form can damage vaginal tissues e.g. To cause cervical cancer it would be further in, and in contact with probably more vulnerable tissues. As a somewhat informed layman, I think there is a natural expulsion action going on that would act as a preventive. BTW all the above is similar to asbestos, which is 1) much nastier, 2) was known to be so, 3) was lied about for decades, like tobacco.
The product in question was presented for cosmetic/vanity use I believe. Not necessary for a woman who takes care of herself, but should still be made as safe as possible. IMO again, but I think there was no practical way for J&J to foresee the problem. That opinion may be demolished by further research.
My wife is a CC survivor FWIW. All she got out of it was her life, no $$. Happy

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Yes. No longer do you call an ambulance or your doctor first
Mar 6, 2017 1:40AM PST

You call a lawyer. One problem with drugs is that some are known to have an affect on genetics. Well...so does the food you eat, doesn't it? Sue God, if you like. Every year a get a new Yellow Pages book. Who do you think sponsors these? Look at the stickers all over them. It's trial lawyers. Back in the '60, I'd listen to radio's Paul Harvey. He would often do a segment about what's the latest we hear from the sue-ers...or was that sewers. It would be about the latest frivolous lawsuits. Haven't we also heard political talk about eliminating some of this? But who dominates the higher ups in elected office? Lawyers? You won't see them taking on their own kind.

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"Frivolous lawsuits"
Mar 6, 2017 2:03AM PST

That's why I mentioned the siege mentality of manufacturers. Their own lawyers urge them not to be reasonable and forthcoming, so the plaintiffs must resort to the courts.
Cervical cancer is not trivial or frivolous, and if it could be found to have a specific cause in a case, I would be in favor of a suit to recover (at least) the cost of the treatment. Most of the products I cited are similar.
The hair loss I treated separately because the cancer was in place when the actionable outcome happened, and was not as serious as the disease. I should have added also that it is almost always MUCH more serious to a female; understandable and not trivial. Still, free wigs and cancer-free is a good deal. Could even be called sensible, but it won't happen.

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How long does it take for enough data to be collected
Mar 6, 2017 3:19AM PST

to show a connection with the use of a product and some disease? Should J & J have done a proper scientific study over several decades before releasing a product and should it also be able to predict what other humans might do with it as a matter of creativity? Is it possible that a product that's now been found to cause serious issues also prevented even more of them? Questions to be asked and answered, I suppose, but are lawyers the best ones to do this?

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Good point; I don't know the answer.
Mar 7, 2017 2:19AM PST

I believe there must be some extrapolation involved. In a three-part product, say, if one of the parts is known to be safe, then focus testing on the other two. The gov't agencies allow this, I think. (Babies have been doused with talcum powder for decades.) But what if one of the other two exacerbates a slight, undiscovered problem? Who knew? How much time should be allowed or mandated to find out, as you note?
The news about the talc factory workers is part of it. They get much more exposure than the most vanity-fearful diva. Back to asbestos, which is much nastier on its workers, and required decades of lying in high places to do its worst.
Full disclosure: The gov't I support will end this problem, and the Mexicans won't be made to pay for it. Happy

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Remember the Lucy Liu story arc on Ally McBeal?
Mar 6, 2017 2:07AM PST

Sued God.