When the unimaginable unfolds: Our attorneys secured a $160 million verdict after a defective design changed our client’s life forever.

What started as an ordinary workday for Leonard Wiley Street turned catastrophic when his heavy truck was forced off the road after an impact caused by a pick-up truck.

Street was operating a 2023 Western Star truck carrying wood products when the collision forced him off the road. This resulted in a rollover that fractured his neck due to the significant roof crush and the lack of an automatic pull-down safety seat in the cab, ultimately leaving him an incomplete quadriplegic.

The Verdict

After a two-week trial in the Circuit Court for Clarke County, Alabama, Ben Baker, Kendall Dunson, and Wyatt Montgomery, secured a $160 million verdict for Leonard Wiley Street, along with Co- Counsel Matt Drinkard and Eddie Massey.

Ben Baker stressed the importance of teamwork and how big of a part it played in presenting this case to the jury.

This outcome not only provides justice for the Street family but also serves as a stark reminder of the importance of heavy truck safety.

DTNA’s Defective Design

The 2023 Western Star truck had a defective roof designed in 1995 that remained unchanged for nearly 30 years and a defective driver’s suspension seat. Daimler Trucks North America (DTNA) and Western Star Trucks were found to have defectively designed and manufactured the truck.

These defects caused Street’s injuries. DTNA had an automatic pull-down seat for rollover safety but refused to make it a standard feature.

Rollovers represent the single most harmful event for truck drivers, and DTNA failed to increase cab strength for nearly 30 years despite having this knowledge.

This should have never happened, but we hope this verdict will send a message to all heavy truck manufacturers that driver safety should always come first.

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The latest in Case Management Orders (CMOs) for the Ozempic Litigation! Judge Karen Marston is overseeing the Ozempic litigation in the U.S. District Court for the Eastern District of Pennsylvania. This case involves personal injury claims related to severe stomach issues, intraoperative aspiration, blindness, and other serious injuries. In the last month, eight new case management orders have been entered.

CMO Breakdown

• CMO No. 10: Known as the “Rule 502(d) Order,” this rule helps prevent accidental disclosure of privileged or protected documents.
• CMO No. 11: This order outlines a negotiated process to protect the defendants’ confidential trade secrets and similar information from competitors.
• CMO No. 12: Involves Plaintiff Fact Sheets (PFS), a common process in multi-district litigation (MDLs) that speeds up the collection of information and documents from plaintiffs.
• CMO No. 13: Narrows down the appropriate parties involved in the network of companies behind Novo Nordisk, the maker of Ozempic, Wegovy, and other GLP1 medications.
• CMO No. 14: The “Direct Filing Order” allows plaintiffs nationwide to file their cases directly in the Eastern District of Pennsylvania, saving time and money. Since mid-July, the number of filed cases has more than quadrupled.
• CMO No. 15: Establishes the “ESI Protocol,” which details how parties will handle electronically stored information.
• CMO No. 16: Appoints the Honorable Lawrence F. Stengel (Retired) as Special Discovery Master to oversee third-party discovery issues.
• CMO No. 17: Sets guidelines for tracking time and expenses for the Common Benefit Fund, which will be distributed at the end of the litigation based on work that benefits all plaintiffs.

These orders will all play a part in how key issues in the GLP-1/Ozempic MDL will proceed.

Our lawyers continue to investigate cases of gastroparesis, intestinal obstruction, deep vein thrombosis, and pulmonary embolism related to the use of diabetes and weight loss drugs like Ozempic, Wegovy, and Mounjaro. Contact us today!

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During the pandemic, the short-term rental industry saw a massive boom as hotels closed their doors. However, this surge has also led to an increase in incidents like drownings, shootings, and other safety issues at these properties.

Rentals on the Rise

Tourism is one of the fastest-growing industries in the world, and when you’re on vacation, it’s easy to let your guard down.

But here’s the catch: the short-term rental market is largely unregulated. This lack of oversight means more preventable injuries and wrongful deaths.

Traditional hotels usually have security measures in place, but most short-term rentals do not. If a neighborhood has a high crime rate, short-term rental companies often don’t inform guests, leaving them vulnerable.

Navigating Negligent Security

In recent years, vacation rental platforms such as Airbnb and VRBO have become increasingly popular. However, along with their rise, a worrying trend has surfaced involving the security measures, or lack thereof, taken by those who own and operate these rental properties. This problem not only puts guests at risk but also brings up significant legal concerns that need to be addressed.

Negligent Security is a legal concept that requires property owners or management companies to ensure adequate security on their properties. This means taking reasonable measures such as installing security cameras, providing proper lighting, and monitoring who enters and exits the property.

While the specifics of the law can vary by state, the general principle remains: if a visitor is injured due to a lack of security, the property owner can be held liable.

Common Negligent Security Issues

Negligent security in vacation rentals can look like a variety of things, including:

• Lack of Lighting: Some property owners fail to install enough lighting, especially if they know the place is in a bad area where crimes happen a lot.
• Weak Lock Systems: Some owners don’t bother to put in strong locks or keep security systems working well at the doors.
• No Cameras: When there are no cameras around to monitor, it can be easy for things to get stolen or for guests to get hurt

The last thing you should have to worry about on vacation is negligent security and your safety. If you or someone you know has been injured due to a property owner’s failure to provide adequate security, contact us today.

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We are investigating cases where baby formulas and milk fortifiers made from cow’s milk have led to Necrotizing Enterocolitis (NEC) in babies born too early. NEC is a severe and often fatal condition that can cause damage and create holes in the bowels.

Usually, symptoms of NEC start showing up between two to six weeks after a baby is born. They can either come on suddenly without warning in babies who seemed to be doing well or gradually over time.

The Risk of Cow’s Milk-Based Formulas

Research has consistently shown that babies born prematurely or underweight are more likely to develop NEC when fed cow’s milk-based formulas like Enfamil and Similac.

Despite the overwhelming evidence and the recognition from virtually every pediatric medical organization, these manufacturers have not provided any warnings about the heightened risk of NEC associated with their products.

A Landmark Case in Missouri

In a recent trial in Missouri, a jury held Abbott Laboratories, the manufacturer of Similac, accountable for the severe injuries suffered by a premature infant.

After being fed Similac Special Care formula, the infant developed NEC and had to undergo surgery to remove 75% of her intestines. The aftermath of this surgery left her with significant permanent injuries, including brain damage.

The jury concluded that the Similac formula caused the infant’s NEC. This verdict resulted in a substantial award of $495 million in damages to the plaintiff. While Abbott Laboratories is expected to appeal the decision, this verdict marks a significant milestone for similar cases moving forward.

Seeking Justice for Affected Families

Beasley Allen is dedicated to pursuing justice for families impacted by NEC related to cow’s milk-based infant formulas. In cases where a child has experienced NEC after consuming products like Enfamil or Similac, families might be eligible for compensation. Our team of attorneys is ready to support you through this difficult period and advocate for the justice your family is owed.

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Following the U.S. Environmental Protection Agency’s (EPA) August 7 emergency suspension of the pesticide dimethyl tetrachloroterephthalate (DCPA or Dacthal), the agency announced on August 28 that it was initiating a process to cancel all products containing DCPA that continue to be on the market. This decision was made due to serious concerns about the pesticide’s potential to cause embryo-fetal toxicity.

On August 19, 2024, the American Vanguard Corporation (AVC) announced that it requested the cancelation of all federal registrations of Dacthal following the EPA’s emergency suspension. Additionally, AVC announced that it was halting further production of Dacthal and removing the pesticide from distribution channels.

The EPA’s suspension of Dacthal is primarily due to its harmful effects on unborn fetuses. Studies have shown that exposure to Dacthal can lead to:

• Miscarriages
• Neurodevelopmental issues
• Impaired growth
• Bone diseases

Products that contain DCPA include:

• Dacthal
• Dacthal W-75
• Dacthal Flowable Herbicide
• Dacthal 6F
• DCPA 75WDG
• DCPA 6E
• DCPA 75 DF

Who is Affected?

States with large agricultural sectors, especially those growing crops like broccoli, Brussels sprouts, cabbage, and onions, are significantly impacted. Thousands of farmworkers in these states may have been exposed to Dacthal, putting them and their families at risk.

Health Concerns

The primary focus is on birth defects and developmental delays in children born to mothers exposed to Dacthal. The EPA has identified significant risks, including:

• Neurodevelopmental impairment
• Bone diseases

The medical community is continually researching the full scope of injuries associated with Dacthal exposure. As science evolves, more information will become available about the potential health impacts.

Legal Advocacy and Compensation

Beasley Allen is actively advocating for the rights of individuals and families affected by Dacthal. You may be eligible for compensation if:

• You worked on a farm or nursery where Dacthal-treated crops were grown during your pregnancy.
• You were exposed to DCPA through direct or indirect contact with treated areas.
• Your child has health issues potentially linked to DCPA exposure.

If you believe you or your family have been affected by Dacthal, contact us today.

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The Aqueous Film-Forming Foam (AFFF) litigation is currently being overseen by Judge Richard Gergel in the United States District Court of South Carolina. This case has garnered significant attention due to the serious health concerns associated with exposure to AFFF. AFFF is commonly used in firefighting and has been linked to potential health risks, prompting legal action and scrutiny.

What is AFFF Used For?

Aqueous Film Forming Foam is a specialized firefighting foam commonly utilized by the military and airports to combat flammable liquid fires. One of the key components of AFFF is PFAS (per- and polyfluoroalkyl substances), which are synthetic chemicals with a reputation for persisting in both the environment and the human body. Due to their resistance to breaking down, PFAS can build up over time, posing potential health hazards.

Health Risks Linked to PFAS

Exposure to PFAS has been linked to several health issues, including:

• Kidney cancer
• Testicular cancer
• Hypothyroidism/thyroid disease
• Ulcerative colitis
• Liver cancer
• Thyroid cancer

These conditions are currently recognized as “presumptive injuries” in the AFFF litigation.

Legal Developments

Plaintiffs who filed complaints alleging non-presumptive injuries were ordered to dismiss their claims without prejudice by August 22, 2024. This is per the second amended Case Management Order (CMO) No. 28. However, due to the large number of plaintiffs who still need to dismiss their claims, the court extended the dismissal time period to September 10, 2024.  The extension to file dismissals is found in CMO 28A. All other dates and provisions of the second amended CMO 28 remain in effect.

National Attention and Military Use

The military’s use of AFFF has been closely examined, especially after a report in July 2024 by the Government Accountability Office. This report was required by a law passed in 2020, and it looked at how the Department of Defense is trying to find safer options instead of AFFF. It also highlighted the challenges faced in discontinuing AFFF use at certain places.

Why Does This Matter?

Understanding the implications of AFFF and PFAS is essential for public health and safety. Ongoing legal action and national initiatives to find safer alternatives emphasize the importance of addressing these environmental and health concerns.

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Premises Liability Settlement

$6 Million Catastrophic Premises Liability settlement

For more than 45 years, the Beasley Allen Law Firm has been committed to “helping those who need it most.”  

Our attorneys are highly experienced in handling complex cases in courtrooms throughout the United States. In some situations, specific details are too intimate to disclose. 

We never stop working to bring our clients the justice they rightfully deserve. We can work for you too. Contact us for a free case evaluation. You pay us nothing if we do not win for you. 

The post $6 Million Catastrophic Premises Liability settlement appeared first on Beasley Allen.

Commercial Vehicle Settlement

$6 Million Commercial Vehicle Case Settlement

For more than 40 years, the Beasley Allen Law Firm has been committed to “helping those who need it most.”  

Our attorneys are highly experienced in handling complex cases in courtrooms throughout the United States. In some situations, specific details are too intimate to disclose. 

We never stop working to bring our clients the justice they rightfully deserve. We can work for you too. Contact us for a free case evaluation. You pay us nothing if we do not win for you. 

The post $6 Million Commercial Vehicle case settlement appeared first on Beasley Allen.

As of August 10, 2024, the deadline for filing claims under the Camp Lejeune Justice Act (CLJA) has passed. Thousands of veterans, their families, and civilians have filed claims for health issues caused by the toxic water at Camp Lejeune. Now, we move into the next phase of this litigation.

Background

The exposure of around 1 million veterans and their families to contaminated water at Camp Lejeune is one of the worst drinking water contamination incidents in history.

Experts believe that multiple sources contaminated the groundwater near Camp Lejeune, affecting the base’s water supply. These sources include:

• Spills at industrial sites on the base
• Leaking storage tanks and dumps
• Improper dumping by an off-base dry cleaner

Although the exact start date of the contamination is unknown, the U.S. government acknowledges that from 1953 to 1987, over a million Marines, their families, and civilians working on the base were exposed to hazardous chemicals in the water. These chemicals are linked to serious and life-threatening health issues.

Camp Lejeune Justice Act

This act allowed individuals who lived or worked at Camp Lejeune for over 30 days between August 1, 1953, and December 31, 1987 and suffered injuries from the contaminated water to file claims against the U.S. government.

Without this legislation, those affected would be unable to seek compensation due to North Carolina’s statute of repose, which limits lawsuits to within ten years. The Camp Lejeune Justice Act (CLJA) removes this limitation, ensuring these cases can be heard fairly.

What’s Next?

The CLJA intended to provide a quick and systematic review of claims and compensation for victims. However, two years after the law was enacted, the government has made only a limited number of settlement offers and paid even fewer claims. Despite these challenges, our team has successfully resolved some cases early on.

We are hard at work as the next phase of the litigation begins. We will keep you updated as things progress!

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