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3M Earplugs Litigation - Still Pushing for Justice
With two big litigation wins for American service members who suffer hearing loss or tinnitus due to faulty 3M earplugs, we're excited about our continued push for justice.
 
The next bellwether trial is scheduled for September. Though we expect 3M litigation to go on for some time, we feel confident that continued pressure will push the company toward a settlement.
 
We remain positive that 3M will be held responsible for knowingly selling a product to the military that failed to do what it said it would do: protect the hearing of our service members.
WHAT WE'RE WORKING ON
Serious Injuries

Defective Products
Medical Devices


Dangerous Chemicals

Mesothelioma


Probate Avoidance
Wills & Trusts
Living Wills
Powers of Attorney
OGX Shampoo

A class action suit has been filed against Johnson & Johnson’s (J&J) OGX brand shampoos and conditioners due to speculated scalp irritation and hair loss.

The products are marketed to nourish, smooth and revive hair but according to Plaintiff Larissa Whipple, the products “falsely represent” those claims with their combination of ingredients including DMDM hydantoin, which has previously been alleged to cause hair loss and scalp irritation upon contact with water.

The current suit states that J&J failed to properly warn consumers of the dangers associated with using "such a strong ingredient on their hair and scalp," even though the company knew of the risks. And although J&J pledged to remove formaldehyde from products, and did for its other consumer products, it reportedly failed to do so when it acquired Vogue International and its OGX product line in 2016, the case alleges.

“...DMDM hydantoin is a formaldehyde donor known to slowly leach formaldehyde when coming into contact with water,” stated Whipple in the lawsuit. “Formaldehyde is a well-known human carcinogen that can cause cancer and other harmful reactions when absorbed into the skin.”

Benzene in Sunscreen

High levels of benzene—a known carcinogen—have been detected in several popular sunscreens and after-sun care products, including brands such as Neutrogena, Sun Bum, CVS Health, Fruit of the Earth, and Raw Elements.
 
Benzene is a colorless or light-colored liquid chemical used in petrochemical production and oil and gas refining industries. Exposure to benzene can cause leukemia, lymphoma, and other blood-related cancers, including multiple myeloma. A 2010 review of benzene safety studies found, “There is probably no safe level of exposure to benzene, and all exposures constitute some risk in a linear, if not supralinear, and additive fashion.” 
 
The presence of a cancer-causing chemical in sunscreens is alarming. Several studies have shown that chemicals in sunscreen can enter the bloodstream after they are applied to the skin.

Read more here.
CPAP/BIPAP Recalls

On June 14, 2021, Phillips issued a recall notification (U.S. only) / field safety notice (Outside of U.S.) for specific affected CPAP and BIPAP devices.

According to reports, these devices used Polyester-based polyurethane (PE-PUR) as sound abatement foam. According to Philips, the recall was due to potential harmful effects (including cancer) caused by the degradation of the foam, allowing particles to enter the body of the user through inhalation. Additionally, Philips reported the outgassing of two toxic gases.

The problems reported with the Philips Respironics BiPAP and CPAP devices are twofold:
1. The foam degrades over time. Particles of the foam break away and can directly enter the patients’ airways, ultimately lodging in the lungs.
2. The foam outgasses two caustic, toxic chemicals (gasses), which are inhaled by users. Due to the fact that the product users are inhaling these gases directly, it is probable (at minimum) that these device users received far higher doses of these gases than is known to be safe.

The full recall can be found here.

Summers & Johnson, P.C.
717 Thomas Street
Weston, MO 64098
877-704-7674
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