Johnson & Johnson Ordered to Pay $72 Million in Ovarian Cancer Lawsuit

Our Madison WI attorneys carefully monitor the news so that we can warn the community of any product liability concerns. A St. Louis jury ruled this week that Johnson & Johnson must pay $72 million to the family of a women that died from ovarian cancer. The family of Jacqueline Fox, the woman who lost her battle with ovarian cancer late last year, will receive $10 million in damages and an additional $62 million in punitive damages. In the case, the plaintiff alleged that her 35-year use of baby powder and Johnson & Johnson Shower to Shower products as part of her feminine hygiene routine resulted in her developing ovarian cancer.

During the trial, a number of studies were introduced including one that dated back to 1971. In that study, published in the British Journal of Obstetrics and Gynaecology, researchers noted that many ovarian tumors had actual talc particles within them. Further studies also noted a possible connection between talc and ovarian cancer. Such findings caused at least one researcher to reach out to Johnson & Johnson directly to recommend that they put a warning label on their talc products. For their part, the manufacturer has cited other studies which indicate no connection or a very small connection between talc and ovarian cancer.

Failure to Warn

Johnson & Johnson denies any link between their product and ovarian cancer, even as they face hundreds of allegations that their product caused cancer in women. These women base their cases on a failure to warn of the known association between the use of talc products for feminine hygiene and ovarian cancer. They cite the approximately 20 studies that indicate a link between talc and cancer, as well of the findings of the Department of Health and Human Services. Our Madison WI attorneys understand that if you have developed cancer and believe that the use of powder contributed to your illness, you don’t want excuses – so we will work vigorously to get you answers!

Ovarian cancer affects approximately one in 75 women in the United States. It often presents with relatively mild symptoms, such as a feeling of pressure and bloating, a frequent urge to urinate, pelvic pain, and feeling full easily. If you experience these symptoms, contact your physician right away for further testing. Although chances are it is nothing serious, ovarian cancer treatment is much more successful when caught early.

If you or a loved one have ovarian cancer and you have a history of powder use, contact our Madison WI attorneys today for a free consultation either online or by phone to 608-256-8356.

Drunk Driving Laws | Car Accident Attorneys Madison, WI

Are The New Drunk Driving Laws Tough Enough? Car Accident Attorneys Madison, WI Can Help

Car accident attorneys in Madison, Wisconsin are among the busiest in the nation, due to Wisconsin’s high rate of drunk driving. In fact, Wisconsin has the highest rate of drunk driving in the nation, and nearly half of all fatal car accidents here are alcohol-related.

Tougher Penalties Coming

In January 2016, the Wisconsin Senate passed a new measure that will provide tougher penalties for drunk driving offenses, but is it enough to curb this dangerous behavior? Even these tougher provisions leave Wisconsin with the most lenient drunk driving laws in the country. In every other state, a first-time Operating While Intoxicated (OWI) is a criminal offense. In Wisconsin, first time offenders get a traffic ticket, but still lose their license for at least 6 months and may have to install an Ignition Interlock Device. The charge, however, is not a crime. You can’t go to jail. The second offense is a misdemeanor with a mandatory jail sentence of five days to six months, and a fine of up to $1,100. The law currently provides for installation of an Ignition Interlock Device (IID) after a second offense.

The new bill designates all fourth OWI offenses as felonies, and carries a penalty of up to three years in prison. Fifth and sixth OWI offenses are now Class G felonies (instead of the current Class H), which increases potential prison sentences by three to five years. All subsequent offenses receive longer sentences under the new law, up to and including a 10-year sentence for a tenth offense.

Protecting The Victims

Regardless of what criminal charges, jail time, and fines a convicted OWI driver may face, that person is liable for the damages and injuries caused in an OWI related crash. In some cases, they may also be liable for punitive damages from the car crash or accident. If you or a loved one has been injured in an OWI crash or accident, the car accident attorneys at Madison, Wisconsin’s Eisenberg Law Offices can help protect your rights. Contact us online or call us at 608-256-8356 to discuss your accident and injuries, and your rights as a victim.

Madison Law Firms Explain Search Rights

Can They Really Use That Search Evidence Against You? Madison Law Firms Explain Your Rights

Madison law firms that practice criminal defense encounter many situations where evidence seized in a police search may look bad, but it is not necessarily admissible in court. It’s hard to keep your head when the police search you, your car, or your home, and they discover something that looks incriminating. The law requires law enforcement to have Probable Cause or a warrant to search you and your property. If you are unsure of whether they had Probable Cause, you are going to need an attorney to defend your rights.

If you are arrested, you will be read your Miranda Rights: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Request an attorney, invoke your Fifth Amendment rights against self-incrimination, and remain silent until you can consult with your attorney. Before you are arrested and read your rights, if you make a voluntary confession, it may be admissible in court, so stay calm and quiet.

What Establishes Probable Cause?

• Observation – Anything illegal that a law enforcement officer (LEO) can perceive with their sight, hearing, or sense of smell could establish Probable Cause.

• Expertise – An LEO can rely on their training and experience to establish a reasonable suspicion or probable cause to believe that a crime is occurring or about to occur.

• Direct Information – Statements from witnesses or a victim can provide Probable Cause for a search.

Experienced Defense
If you have been searched or arrested without Probable Cause, the Madison law firm of Eisenberg Law Offices is here to help. We have more than 30 years’ experience defending criminal law cases in Wisconsin, and we know how and when to challenge a search or an arrest. Call us at 608-256-8356 as soon as possible, and we will discuss the particulars of your circumstances to learn how we can best help.

Wisconsin Construction Accident? You Need an Attorney!

Individuals injured in construction accidents should not hesitate to contact a personal injury attorney. Construction jobs, by their nature, are risky. It’s not unusual for accidents and injuries to occur on the worksite. In fact, OSHA reports that over 1,000 fatalities and 400,000 injuries occur on construction sites each year. The Wisconsin Safe Place Law requires that employers keep their premises as safe as they reasonably can, given the nature of their business. This law applies to Wisconsin construction sites, as well. Although it is impossible to keep any construction site completely safe, employers must put reasonable safety measures in place to prevent potential accidents.

Construction accident cases are notoriously complex, as there may be third-party liability. Employees of construction companies that are injured at work in Wisconsin are eligible to receive workers’ compensation benefits. These benefits will cover:

• Medical bills that are considered reasonable.
• Temporary total disability (TTD) payments, payable at 2/3 of the worker’s weekly wage until a period of maximum medical improvement (MMI) has been reached.
• Permanent partial disability (PPD) benefits, payable at a lower rate, determined based on the extent of injuries and disabilities.
• Retraining benefits, payable at TTD rates, if the employee is laid off due to their injuries. Retraining must be authorized by the Division of Vocational Rehabilitation.
• Loss of earning capacity benefits in some cases involving injuries to the head, neck, or back.

Please note that workers compensation does not provide any benefits for pain and suffering. Also, PPD benefits are paid at a very low rate and may not adequately compensate for a loss of wages. If another person or entity contributed to your accident and injuries, our Madison personal injury and construction accident attorneys will work to prove the liability of that third-party. In third-party liability cases, we will fight to help you recover the cost of your medical bills, pain and suffering, and actual loss of earnings. In such cases, however, you may be required to reimburse workers’ compensation benefits that have been paid out. Obviously, the complexity of these cases make them difficult to pursue without the representation of a qualified Madison personal injury attorney.

Construction worksites change rapidly, so it’s important to retrieve evidence as quickly as possible. If possible, take photographs of the hazard that caused your injury. Also, make note of any witnesses to your injury. Contact our personal injury attorneys immediately and explain the details of your accident as you remember them. In addition, take a few moments and write down anything you remember about the accident. Arrange for a free consultation with an experienced personal injury attorney at the Eisenberg Law Firm online or by phone at (608) 256-8356.

When It’s Not JUST a Concussion: How Mild Traumatic Brain Injuries Can Destroy Lives

If you or a family member have been diagnosed with a concussion, contact a Wisconsin personal injury attorney today. Concussions are a common injury resulting from car accidents, slip and falls, and workplace accidents. Concussions are caused by trauma to the head resulting in confusion and disorientation. Although MRIs and CT scans may not detect noticeable injury to the brain, the individual often experiences intense headaches, difficulty concentrating, mood swings, and memory difficulties. Other common symptoms include dizziness, seizures, irritability, sleep difficulties, nausea, light sensitivity, and a general delay in processing information.  Some individuals who have experienced a concussion find that their symptoms resolve in a few days to several weeks. Others, however, continue to experience symptoms long after the accident occurs.

When an individual’s symptoms fail to resolve within a few weeks of being diagnosed with a concussion, they may have a mild traumatic brain injury (mTBI). In fact, in cases of mTBI, some symptoms may not appear for days to weeks after the incident. With mild TBI, family members and friends may notice that the individual behaves differently. They may be sullen or may anger easily. They may have a difficult time concentrating, especially on classroom or work activities. Perhaps they experience frustration with tasks they could perform easily before the accident that are now more challenging. If you notice these symptoms, especially beyond several weeks after the accident, it is likely a mild TBI has occurred.

If an individual is experiencing mTBI, treatments and therapies should be pursued. Stimulants may be prescribed on a temporary basis to help with cognitive impairment and slowness of thought. Antidepressants or anti-anxiety medications may be given to address mood swings. The individual may require physical and/or occupational therapy to address any motor concerns. Also, psychosocial therapy can be helpful in order to cope with the emotional symptoms and frustration associated with mTBI.

Treatment for mTBI, however, is not an exact science. There is no quick fix, and some individuals with mTBI may require extensive time off work or engage in less intense duties. In fact, rest and sleep may help the brain recover more than anything. The effects of mTBI may last for months or even years. If you or a family member experienced a concussion and noticed that you still continue to have symptoms weeks later, contact a physician to determine if you may have mTBI. As Wisconsin personal injury lawyers, we discourage our clients from accepting quick settlement offers. That is because, in many cases, injuries are more severe than they seem initially. What may present as “just” a concussion, may actually present ongoing difficulties for months or even years.

If a concussion or traumatic brain injury has affected your family, contact the Madison personal injury lawyers at Eisenberg Law Offices, SC. We understand that brain injuries can be devastating, and we will pursue justice in your case. Contact our Madison attorneys online or by phone at 608-256-8356 for a free consultation.