Articles Posted in Toxic Torts

On May 12, 2016, the Branch Law Firm filed a lawsuit against Johnson & Johnson; Johnson & Johnson Consumer Companies, LLC; Imerys Talc America, Inc.; and Ethicon Endo-Surgery.  This is the first lawsuit in New Mexico against these companies for their talcum products.  The litigation against these defendants will be groundbreaking in New Mexico and will open the door to many more plaintiffs seeking to pursue their claims against these defendants.

In short, the Branch Law Firm states that talcum powder, namely Johnson & Johnson’ Baby Powder and Shower to Shower products are dangerous and have been linked to an increased risk of ovarian cancer with its use.  The Defendants have long marketed talcum products as a safe and effective product that can be used anywhere on the body.  One particular use was by females around their genitalia—called the perineal region.  However, what has been known since the late 1970s is that talc use to the perineal region causes the product to migrate into the ovaries, where it causes scarring, inflammation, and an increased risk of ovarian cancer.

Since the 1970s, there have been many scientific tests to confirm that talc use to the perineal region causes an increased risk of ovarian cancer.  The Defendants have known about every test conducted, but yet still deny the obvious.  The Johnson & Johnson companies contend that their talcum products are safe, but science tells us otherwise.

On August 5, 2015, workers for the U.S. Environmental Protection Agency (EPA) caused the release of 3 million gallons of heavy metal contaminated wastewater while attempting to enter the defunct Gold King Mine in Southern Colorado.  This release of toxic wastewater ultimately flowed into the Animas and San Juan rivers, causing the water to turn orange.  Communities and individuals in Colorado, New Mexico, Utah, and neighboring areas were affected.  While the EPA has taken full responsibility for this environmental disaster, businesses, families, and individuals are still suffering from losses caused by the toxic spill.

If you lived near the Animas or San Juan rivers and you suffered damages as a result of the Gold King Mine Spill, you may be able to collect compensation for your loss from the EPA.  Property damage, personal injury, or loss of income, related to the spill, may include:

  • Loss of crops

Changing his previous stance, Dr. Craig Postlewaite, the U.S. military’s senior health protection official has recently admitted that some “service members might suffer long-term medical problems as a direct result of exposure to smoke and fumes from open-air pits scattered throughout Iraq and Afghanistan.”

Further, after repeated denial by the U.S Military of any ill effects of burn pit exposure, now comes word that the Department of Defense has finally agreed to study burn pit exposure impact.

“Burn pits” are open-air pits which burn everything from shoes to tires to body parts, exposing anyone nearby to harmful toxins including arsenic, formaldehyde and hydrogen cyanide.

Inhaling burn pit smoke has been linked to acute health effects including rare blood disorders, cancer, eye irritation, pulmonary and respiratory ailments. The DOD study comes on the heels of several lawsuits attacking Halliburton and KBR for their use of these pits. In fact, 32 lawsuits in 32 states have been filed across the country alleging injuries to our service people and military contractors as a direct result of exposure to burn pit emissions in Iraq and Afghanistan.

President Obama has vowed that the burn pits will not become another Agent Orange.
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