Category: Uncategorized

Video game addiction falls into the category of Internet gaming disorders (IGDs), which have been strongly correlated with motivational control issues and are regularly compared with gambling. Evidence has shown addiction can cause changes in some areas of the brain. Problems can arise when youthful gamers become dependent upon the personalities they create in online games – blurring the line between reality and the game. Video game addiction may have both short and long-term impacts on gamers, including various emotional, physical, psychological, and neurological effects. A few studies have demonstrated anxiety and depression are common among individuals dependent on video games. In the new generation of children, physical activity time is less and shorter in duration when compared with the parent’s generation because children’s activities moved toward indoor more than outdoor play. There is a negative relationship between the time spent on online gaming and exercise and that leads to a sedentary lifestyle which is a risk factor for many medical health conditions such as obesity, diabetes, and coronary artery disease. According to the American Medical Association, approximately 90% of young Americans play computer games. Furthermore, 15% of these gamers (i.e., over five million children) could be considered addicted.

However, lawyers and parents are taking on the video game industry. There are more than a dozen lawsuits currently active in North America seeking to address injuries and damage from video game addiction. Most argue the targeted video game companies, including Activision Blizzard, Epic Games, Microsoft, Roblox, Nintendo, Take-Two Interactive Software, and Sony Interactive Entertainment, make their games purposefully addictive as a way to keep people playing, and, ultimately, to get them to spend lots of money.

Rhett McSweeney scored an important Minnesota Court of Appeals victory on behalf of a client seriously injured as a result of an alleged assault and battery. McSweeney / Langevin’s client, James Thomas Miller, challenged the dismissal of his civil assault and battery claims against the estate of Mark Thomas Pavelich. Miller alleged Pavelich assaulted him with a metal pipe, causing serious injuries. Pavelich, who suffered from mental illness, was later deemed incompetent to stand trial in the related criminal matter, and was eventually committed to a state facility. After Pavelich’s death, Miller sued the estate, but the district court granted summary judgment, determining Pavelich lacked the mental capacity to form the intent necessary for an intentional tort. The court based its decision on a psychological evaluation from the related criminal case, which alleged Pavelich acted out of delusional beliefs and could not understand the wrongfulness of his actions.

Miller argued Pavelich’s intent was a matter for the jury to decide and pointed out Pavelich had acknowledged his violent actions during the delusion. The district court, however, ruled there was no genuine issue of material fact about Pavelich’s intent and dismissed the case. However, on appeal, it was determined the district court erred by applying the wrong legal standard and held genuine issues of material fact remained regarding Pavelich’s intent. As a result, the appellate court reversed the summary judgment and remanded the case for further proceedings.

The Environmental Protection Agency (EPA) has suspended the use of the pesticide Dacthal (DCPA) due to health risks, especially for pregnant women and unborn babies. Studies have shown that DCPA can cause low birth weight, brain damage, and developmental issues in fetuses. The EPA also found that DCPA exposure may increase cancer risk and disrupt thyroid function. Even with protective equipment, those using DCPA face dangerous exposure levels. DCPA has been used since the 1950s, mainly in growing crops like broccoli and onions, but concerns about its long-term effects on health and the environment have grown. The manufacturer, AMVAC Chemical Corporation, did not provide the necessary safety data, leading to the suspension. People using DCPA should stop immediately and consult a doctor if they have symptoms related to exposure. Washing fruits and vegetables or choosing organic options can reduce pesticide risk. The EPA is working with the USDA to find safer alternatives for farmers.

The U.S. surgeon general, Dr. Vivek Murthy, announced on Monday he would push for a warning label on social media platforms advising parents the platforms might damage adolescents’ mental health.

In an essay published in The New York Times opinion section, Dr. Murthy pointed to research suggesting teens who spent more than three hours a day on social media faced a significantly higher risk of mental health problems, and 46 percent of adolescents said social media made them feel worse about their bodies.

U.S. teens are spending an average of 4.8 hours per day on social media platforms like YouTube, TikTok and Instagram, according to a Gallup survey of more than 1,500 adolescents released last fall.

Ten years ago Deane Berg was diagnosed with Ovarian Cancer. She was only 49 at the time. Berg began researching the disease and found a number of studies that linked the use of talcum powder to an increased risk of ovarian cancer. Some of these studies dated back to the 1970s. One recent study found that among black women, those who used talcum powder for feminine hygiene were 44% more likely to be diagnosed with ovarian cancer. Berg, a lifetime user of talcum powder, immediately went to her bathroom and threw away her bottle of Johnson & Johnson’s Baby Powder.

In the last few months, Johnson & Johnson has lost two jury trials involving its talcum powder products. In total, the juries awarded $127 million to the two families who had been devastated by ovarian cancer. Johnson & Johnson has said that it will appeal the verdicts. The company still claims that its talc-based products are safe.

In the end, Deane Berg got vindication, but no justice. A jury found Johnson & Johnson liable for her cancer, but did not award any damages.

If you or a loved one has been diagnosed with ovarian cancer after using talc products, we may be able to help. Give us a call today for a free consultation. When Injuries Strike / We Strike Back.

1-877-542-4646

A new NBC News report notes that the US Food and Drug Administration has recently warned consumers that popular anti-psychotic drug, Abilify, may cause compulsive behaviors. These behaviors can include compulsive sex, gambling addiction, and uncontrollable shopping among others. One Minnesota woman learned this the hard way. After being prescribed Abilify to deal with her depression, Denise Miley found herself making more frequent trips to her local casino. Eventually it got so bad that she started missing work and ended up losing over $150,000. All of this happened in just five months.

In May, the FDA approved a new warning alerting doctors and patients of this potential side effect. This warning came too late for Miley who was never warned of Abilify’s potential for causing compulsive gambling. Experts are now saying that the drug is probably over-prescribed due to the harm that it can cause.

If you or a loved one has experienced significant gambling losses while taking Abilify, we may be able to help. Give us a call today to see if you are eligible for compensation. 1-877-542-4646

A jury in St. Louis ordered Johnson & Johnson to pay $55 Million to a woman who claims that use of their talcum powder caused her ovarian cancer. Gloria Ristesund, a 62 year old woman from Sioux Falls, South Dakota, is just one of more than 1,000 women who believe that the Johnson & Johnson product is responsible for their cancer. After decades of using Shower to Shower talcum powder as part of her daily hygiene regimen, Ristesund developed ovarian cancer in 2011 and subsequently underwent a hysterectomy and the removal of he uterus, ovaries, and fallopian tubes. This is not the first jury verdict against Johnson & Johnson. In February the company lost a $72 Million verdict to the family of an Alabama woman who died of ovarian cancer last year.

Two major organizations, the American Cancer Society and the World Health Organization, both have expressed concern over the use of talcum powder for feminine hygiene. Several studies going back more than 30 years have also looked at talcum powder usage and the occurrence of ovarian cancer. Many, including a 2008 study published in the Journal of Epidemiology and Community Health, have shown that women who use talcum powder are at a higher risk for cancer.

The lawyers at McSweeney/Langevin are closely examining the evidence tying the use of talcum powder to ovarian cancer. We are also investigating what Johnson & Johnson knew about the link and when they knew it. If you or a loved one have suffered from ovarian cancer after regularly using talcum powder, you may be able to make a claim against Johnson & Johnson. We would love to help you and your family get the compensation you deserve. Give us a call.1-877-542-4646

 

Cancer is a horrible disease. It can strike people with little warning and have devastating effects on a person’s health and well being and the lives of their loved ones. What’s even more distressing is that the treatment for cancer can often be nearly as bad as the cancer itself.

Many people are prescribed chemotherapy as part of their cancer treatment. It is common knowledge that chemo can make a person lose their hair. What is less known, however, is that some chemotherapy drugs increase the risk of permanent hair loss. This type of hair loss has a negative impact on the lives of those who suffer from it. Even after their cancer is in remission, some people continue to look sick because their hair won’t come back.

Permanent chemo-related hair loss is called Alopecia Persistent Significant. Many chemotherapy drugs carry a risk of permanent hair loss, but some drugs have a greater risk than others. One such drug may be Taxotere, a treatment for breast cancer. Sanofi-Aventis, the manufacturer of Taxotere, claims that about three percent of patients using its drug may experience permanent hair loss. Two other studies dispute this number, however, and put the number of people suffering permanent baldness at as high as 15.8 percent. This difference in probabilities for a life-changing side effect could cause women to select a different form of treatment. Unfortunately, many women do not know of the risk that Taxotere may pose.

One French doctor has started warning his patients of the possibility of permanent baldness that can be associated with Taxotere. French oncologist, Hugues Bourgeois, offers his patients an alternative treatment called Paclitaxel. Paclitaxel has a lower risk of permanent hair loss, but requires more frequent chemotherapy sessions. Many women choose to forego the convenience of less frequent treatment for the lower risk of permanent hair loss.

If you or a loved one have experienced permanent hair loss after taking Taxotere, give us a call. You may be entitled to compensation for the post-cancer suffering that you have endured. We can help.

On March 21st, a federal judge in Louisiana instituted a new filing deadline in Xarelto cases. This deadline, imposed by Judge Eldon Fallon in Pretrial Order No. 11E, bars plaintiffs from filing short form complaints after May 20, 2016. Short form complaints allow plaintiffs to more quickly and easily file a lawsuit, so plaintiffs who have been harmed by Xarelto should move quickly in addressing their legal issues.

Xarelto is a prescription blood-thinning drug manufactured by Bayer and Johnson & Johnson via Janseen Pharmaceuticals, Inc. The drug received initial FDAapproval in 2011 for knee and hip replacement patients. It was quickly approved to help prevent strokes in individuals with abnormal heart rhythms. Unfortunately, Xarelto was soon linked to a number of dangerous side effects, most notably uncontrollable internal bleeding.

There is no Xarelto class action lawsuit at this time. However, Xarelto cases, like most large-scale defective drug cases, is part of a Multi-District Litigation (MDL). MDLs streamline litigation and reduce costs to injury victims. Each case in the MDL is handled individually, but all cases are before the same court and subject to the same rules and court orders. Therefore, it is possible for each case in an MDL to settle for different amounts of money. All Xarelto lawsuits were transferred to the Eastern District of Louisiana in December, 2014, as MDL 2592.

Because of Judge Fallon’s order setting a deadline for the use of short-form complaints, those who have been harmed by their use of Xarelto should act quickly to protect their legal rights. The attorney’s at McSweeney/Langevin can help you navigate the complex world of pharmaceutical litigation to get you and your family the peace-of-mind you deserve. Give us a call.

1-877-542-4646

Two class action lawsuits have been filed in Canada against Cook Medical, an American IVC filter manufacturer. While suits against IVC filter manufacturers have been proceeding in the United States for some time, this is the first time that they have been pursued in Canadian courts. These suits allege that filters can migrate, puncture veins and lungs, and that pieces can break off and embolize. This type of embolism can cause serious heart damage and death.

IVC Filters were introduced to prevent blood clots from reaching the heart and causing serious damage. They were seen as a safe alternative for patients who could not be treated with blood thinners. The filters work by catching the clots and allowing the body to break them down so that they cannot proceed to the heart and brain.

One of the plaintiffs in the Canadian case is Wendy Kopeck, a woman from Red Deer, Alberta. Kopeck had a filter implanted in August, 2013. In October, 2015, Kopeck went to have the filter removed, but her doctors decided that the procedure would be too risky. A subsequent PET scan revealed that the filter had broken with part of the device poking a hole in the jugular vein and the rest migrating to her small intestine. As a result of the device’s defects, it can now never be removed, and Kopeck must stay on blood thinners for the rest of her life.

These problems come on the heels of a number of adverse reports from the FDA involving IVC filters. Because of the problems with the filters, the FDA has recommended that doctors seriously weigh the the risks and benefits for each patient before implanting the devices. The agency has also recommended that IVC filters be removed within 29 to 54 days.

If you or a loved one has an IVC filter, give us a call. We know that this is a stressful time, and we would love to help you get the compensation and peace of mind that you deserve.

1-877-542-4646