Car seats, when used correctly, can significantly reduce the risk of injury or death in the event of an accident. However, with so many options and regulations, understanding car seat safety can be overwhelming.

Choosing the Right Seat

The first step in car seat safety is choosing the right seat. There are several types of car seats. Each is designed for children of specific ages and sizes:

• Rear-Facing Car Seats: The American Academy of Pediatrics recommends that children ride in rear-facing car seats until they reach the highest weight or height allowed by the seat’s manufacturer. Rear-facing seats provide the best support for a child’s head, neck, and spine.
• Convertible Car Seats: These start rear-facing and then go forward-facing. These have a higher height and weight limit than rear-facing car seats.
• Forward-Facing Car Seats: Once a child outgrows the rear-facing/convertible seat, they should transition to a forward-facing car seat with a harness and tether. It’s important to adjust the harness snuggly to fit your child.
• Booster Seats: Booster seats are necessary until a seat belt fits properly, typically when a child reaches 4 feet 9 inches in height and is between 8 and 12 years old.

Installation & Use

Proper installation and use of car seats are crucial. Here are some tips to ensure your car seat is installed correctly:

• Read the Manual: Always refer to your car seat’s instruction manual as well as your vehicle’s owner manual on car seat installation.
• Secure Installation: The car seat should not move side-to-side or front-to-back more than 1 inch when pulled at the belt path.
• Right Spot: The safest place to install a car seat is in the back seat, away from active airbags.
• Harness Position: The harness straps should lie flat, not twisted, and be placed through the correct slots. For rear-facing seats, harness straps should be at or below the child’s shoulders.

Mistakes to Avoid

Many parents unknowingly make mistakes when it comes to car seat safety. Here are some things to watch out for:

• Second-Hand Car Seat Use: Exercise caution. Ensure it has not been in a crash, is not expired or recalled, and comes with all parts and the manual.
• Transitioning Too Soon: Moving a child to the next seat or position too early can increase the risk of injury.
• Incorrect Strap Position: The chest clip should be at armpit level, and the harness should be snug enough that you cannot pinch any excess webbing at the shoulder.

Staying Up to Date

It’s important to know that car seat safety guidelines and recommendations can change over time. To stay up to date, make sure you register your car seat with its manufacturer. This way, you’ll get updates on any recalls and safety notices.

Understanding car seat safety and following the recommended best practices can give parents peace of mind, knowing they‘re doing everything possible to protect their child while traveling.

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A shocking, but not surprising, new legal strategy from Johnson & Johnson (J&J). They are encouraging unsupported claims in exchange for votes on a payment plan that would cheat victims who were actually harmed by talc.

This could strip consumers of their constitutional rights and allow major corporations to avoid responsibility for the harm caused by their defective products.

Sounding the Alarm:

Lawyers representing victims and families in lawsuits alleging J&J’s talc-containing products caused cancer are concerned about a payment plan proposal as part of a “pre-packaged” bankruptcy.

“We believe any bankruptcy based on this solicitation and vote will be found fraudulent and filed in bad faith under the Bankruptcy Code,” said Andy Birchfield, head of the Mass Torts Section at the Beasley Allen Law Firm. “On behalf of our clients who deserve better, we are blowing the whistle on this cynical legal tactic and will resist it at every turn.”

J&J Will Stop at Nothing

Let’s take a look at the facts.

• J&J officials previously said that cancer claims other than ovarian cancer and mesothelioma were worthless. Now the company promises minimal payments for these “worthless” claims in exchange for a “yes” vote.
• J&J is offering small payments to receive support for a payment plan that would force actual victims to receive far less compensation than they deserve.
• Medical costs for treating ovarian cancer can total more than $1.5 million per patient, with an average near $220,000. The proposal would pay pennies on the dollar.
• Many of the new complaints are about types of cancer that science hasn’t linked to talc, like cancer of the cervix, vagina, uterus, and the lining of the uterus.
• If J&J gets away with this plan, it could lead other companies to try dodging responsibility and messing with the U.S. bankruptcy system in a similar way.

J&J has tried twice to transfer all its talc-related legal issues to one of its smaller companies and then declare that company bankrupt. Both times, the courts have found that the company acted in bad faith. This will be the third bankruptcy attempt in three years.

With the strategy they called “pre-pack,” J&J would need to get the okay from at least 75% of the people who have filed claims against them, proving those claims are legitimate.

“It seems unlikely that J&J would pursue this course without some belief, even if misplaced, that the 75% threshold can be achieved,” said Leigh O’Dell, co-lead counsel for plaintiffs in the federal MDL and principal at the Beasley Allen Law Firm. “The company is afraid of a legitimate vote among those who are truly sick and the families of the deceased who have been battling J&J’s obstruction and bad faith for years and who are supported by numerous scientific studies showing that talc contains asbestos and other known cancer-causing ingredients.”

We will not stop fighting to get our clients the justice they deserve.

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On April 10, 2024, the Environmental Protection Agency (EPA) made a landmark announcement regarding the safety of our drinking water. The agency has established new rules in its National Primary Drinking Water Regulation (NPDWR) to safeguard against a group of chemicals known as PFAS. These substances are often called “forever chemicals” because they can stay in our bodies and the environment for a very long time, which can be harmful.

Keeping our water safe from PFAS is a big deal. These new rules mean cleaner, safer water for about 100 million people. That means fewer health problems linked to PFAS, from severe illnesses and other health issues. By understanding these new rules and why they’re in place, we can see how important it is to keep our water clean and safe from these harmful chemicals.

What Are PFAS?

Per- and polyfluoroalkyl substances (PFAS) are chemicals used in many products due to their ability to withstand extreme temperatures and resist wear and tear. However, they can have life-threatening impacts on human health. These chemicals have been found in people’s blood and have been linked to various health issues, including cancer, liver damage and developmental problems in children.

The New Rules

NPDWR sets strict safety limits on six harmful chemicals in our drinking water, known as Maximum Contaminant Levels (MCLs). These chemicals are part of a group called PFAS, including PFOA, PFOS, PFHxS, PFNA and HFPO-DA (also known as Gen-X). 

Each will have its own safety limit. Some, like PFHxS, PFNA, PFBS, and HFPO-DA, will also have a combined safety limit when they are found together in water. Besides these limits, the NPDWR also sets goals based on health, called Maximum Contaminant Level Goals (MCLGs), for these six PFAS. These goals aren’t enforceable; they’re more like targets to aim for to keep our water safe.

CompoundMaximum Contaminant Level Goal (MCLG) (health-based goal)Maximum Contaminant Level (MCL) (enforceable levels)PFOAZero4.0 parts per trillion (ppt) (also expressed as ng/L)PFOSZero4.0 pptPFHxS10.0 ppt10.0 pptPFNA10.0 ppt10.0 pptHFPO-DA (commonly known as Gen-X Chemicals)10.0ppt10.0 pptMixtures containing two or more of PFHxS, PFNA, HFPO-DA and PFBS1.0 (unitless) Hazard Index1.0 (unitless) Hazard Index

A maximum contaminant level (MCL) is a rule on water safety that tells water providers the highest amount of a toxic substance that’s allowed in our tap water to keep us safe. A maximum contaminant level goal (MCLG) is a bit different. It’s a guideline, not a mandate. The MCLG tells us the highest amount of a toxic substance that can be in our water without causing health problems.

What Water Systems Need to Do

• Test the Water: Water providers must check if PFAS chemicals are in the water.
• Alert the Public: If PFAS are found, they need to let everyone know.
• Clean It Up: Reduce the level of these PFAS in drinking water if they exceed the Maximum Containment Level or Hazard index.

Water systems have up to five years to comply with the new regulations, but it’s recommended that they start as soon as possible.

What’s Been Done Before?

This isn’t the first time the EPA has taken steps against PFAS. They’ve been working to understand these chemicals and protect us from them for years. This includes setting guidelines on how much should be allowed in our water and acting against companies that didn’t tell the truth about the dangers of PFAS.

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The opioid epidemic swept across the United States, leaving a trail of addiction, overdose, and death in its wake. Alabama iscommitted to making the companies involved own up to their role in the opioid crisis.

So far, Alabama has secured over $728 million in settlements from healthcare and drug companies. This is a big win in the battle against opioids, but it’s not over yet.

Settlement Breakdown:

Alabama Opioid Impact:

The opioid crisis impacts all areas of Alabama’s economy, such as healthcare, education, business, and local government. It’s a problem that doesn’t discriminate, affecting people from all walks of life, regardless of where they live, their race, or their social status.

National Facts & Figures:

The Fight Continues:

The fight is ongoing, but these payments give Alabama better resources to deal with future challenges. This includes more programs to stop opioid misuse, more places for treatment, and more help for the people and families affected.

“These payments are about more than the money; it’s a promise to future generations that we will do all we can to stop this tragedy from happening again,” said Beasley Allen lawyer RhonJones.

As with previous opioid settlements, the state will share the settlement funds with local governments and public hospitals. The state’s portion of the settlement funds will go directly into the state’s General Fund.

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Beasley Allen has initiated a class action lawsuit against telecommunications giant AT&T on behalf of customers affected by a recent cyberattack and consequent data breach.

The lawsuit represents Scott Mathews and potentially thousands of other AT&T customers who have had their personal information compromised.

The lawsuit, filed in response to what is described as AT&T’s failure to adequately protect customer data, alleges that sensitive information, including names, email addresses, mailing addresses, phone numbers, social security numbers, birth dates, account numbers, and passcodes, was left vulnerable to cybercriminals.

The breach came to light around March 31, when AT&T began notifying affected customers of a “security incident.” However, the lawsuit criticizes the telecom provider for not disclosing vital details about the breach, such as the specific timeline of the events and the reasons behind the delay of over three years in informing current and former customers about the cyberattack.

Plaintiffs argue that AT&T’s negligence has exposed them and many others to significant risks, with their private information now potentially in the hands of data thieves. This breach has raised concerns about AT&T’s security measures and their effectiveness in protecting customer data.

Considering these events, Beasley Allen is not only seeking compensation for those impacted by the breach but also urging AT&T to implement stricter security measures to prevent such incidents seeking compensation for those impacted by the breach and in the future. As the case progresses, it will likely shed more light on the extent of the data breach and the steps AT&T will need to take to restore customer trust.

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The federal Infant Formula litigation has been consolidated into a multi-district litigation (MDL) in the Northern District of Illinois. The first bellwether trials are expected to occur in early 2025.

For over three decades, research has consistently shown that feeding premature infants cow’s milk-based formulas is a leading cause of a serious condition known as necrotizing enterocolitis (NEC).

Despite the clear scientific evidence linking cow’s milk-based formulas to NEC, major brands like Enfamil and Similac have yet to include warnings about this risk on their products. This remains a critical concern for both parents and healthcare providers.

What is NEC?

• NEC predominantly affects premature babies.
• It involves inflammation and tissue death in the intestines.
• A hole may form in the baby’s intestine, allowing bacteria to leak into the abdomen or bloodstream.
• NEC typically develops within two to six weeks after birth.

Types of NEC:

NEC is classified into one of four types based on symptoms and the circumstances leading up to the condition:

• Classic NEC: Commonly affects infants born before 28 weeks of pregnancy and occurs suddenly without warning.
• Transfusion-associated NEC: Develops within three days of a blood transfusion.
• Atypical NEC: Rarely occurs in the first week of life or before the first feeding.
• Term infant NEC: occurs in babies born full-term. These infants often have a congenital disability or other problems at birth, such as a genetic heart condition, gastroschisis, or low oxygen levels.

We are fighting for change and justice for all the families who have been affected. Parents who have witnessed their babies battle this heartbreaking condition have faced not only significant financial burdens but also emotional distress, seeing their infants endure suffering and, in some cases, death.

Beasley Allen has filed cases in Madison County, IL, which are currently pending defendants appeal of jurisdictional issues. All briefs have been filed and we await the Court’s ruling. We hope the appeals will be resolved soon, so we can resume our trial schedule in 2024. In the meantime, experts are being deposed and discovery continues.

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In 2022, the National Institute of Environmental Health Sciences (NIEHS) published a study highlighting the link between using chemical straightening products and having a higher risk of being diagnosed with uterine and ovarian cancer.

Hair relaxers often have ingredients like formaldehyde, metals, parabens, phthalates, and synthetic chemicals that can disrupt hormones, known as endocrine-disrupting chemicals (EDCs). When using hair relaxers, the scalp might get small burns or cuts, allowing these harmful chemicals to enter the body. This exposure is particularly concerning for cancers tied to hormones, such as ovarian and uterine cancer.

It was found that women who used these straightening products more than four times a year were twice as likely to develop cancer compared to those who did not use them.

Shortly after the NIEHS study was released, people began filing hair relaxer cancer lawsuits. Notable defendants include L’Oréal USA, Inc., Revlon and various other products and brands.

The list of defendants continues to grow. On March 7, 2024, U.S. District Judge Mary M. Rowland added eight new defendants to the multidistrict litigation (MDL). This will play a huge role in future proceedings.

New Defendants Added

• Roux Laboratories
• Advanced Beauty Systems, Inc.
• RNA Corporation
• Wella Operations US, LLC
• Wella AG
• Murrays Worldwide, Inc.
• John Paul Mitchell Systems
• Bronner Brothers, Inc.

Other Recent Developments:

• Food and Drug Administration (FDA) Proposes New Rule: The FDA is proposing a new regulation that would ban the use of formaldehyde in all hair relaxer products.

We continue to investigate claims on behalf of women who regularly used hair relaxers and developed uterine cancer, ovarian cancer, or endometrial cancer after years of using hair relaxers.

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We are proud to announce that four of our attorneys were recognized as “On The Rise” by the 2024 Southeastern Legal Awards.

This is the third consecutive year our attorneys have been recognized. In 2023, Parker Miller was a finalist for “Attorney of the Year.” Chris Glover, the Managing Attorney of our Atlanta Office, was a finalist for this same honor in 2022.

Our success at Beasley Allen is built on the core values of hard work, dedication, and justice. These values go far beyond just principles; they are the foundation of our success.

Meet Our Honorees—a group of individuals who are not only shaping the future of Beasley Allen but also the future of justice itself.

• Alyssa Baskam– Alyssa is in our Atlanta office. She says she became an attorney to help people through unimaginable hardship. Alyssa has helped hold numerous automakers responsible for their vehicles’ negligent or wanton design, including securing over $500 million in verdicts and settlements.
• Aigner Kolom– Aigner works in our Montgomery office and takes immense joy in achieving successful results for her clients; she is also very involved in the community. Aigner has been helping lead the firm’s Hair Relaxer Litigation.
• Ben Keen—Ben is based in our Atlanta office. He says his desire to practice law was shaped by his father, who is also an attorney. Ben approaches cases analytically to ensure both effective representation and impactful results. He has recovered millions for his clients, priding himself on developing and understanding clients’ needs.
• Joseph VanZandt – Joseph works in our Montgomery office. He says he knew he wanted to be an attorney in 6^th grade, stating his desire to help people face problems in life as his main driving force. Joseph is leading national efforts to hold social media companies accountable for harming young people.

Southeastern Legal Awards

The Southeastern Legal Awards honor attorneys who excel in their profession and “have left an indelible mark on the legal community in the southeast and beyond through their unwavering dedication to the profession.”

The “On the Rise” Award recognizes those under the age of 40 who are innovators, develop unique practice niches, amass robust books of business, demonstrate strong leadership qualities, show expertise in litigation or transactional work, and commit themselves to pro bono charitable, and professional volunteer work.

Originally called the Georgia Legal Awards, they now cover more areas, including North and South Carolina, Tennessee, Alabama, and Mississippi. This change shows that legal excellence is being recognized all across the region.

The honorees will be celebrated at an event in Atlanta and will be featured in a special section on Law.com. Join us in congratulating all 2024 On The Rise Honorees!

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The Aqueous Film-Forming Foam (AFFF) litigation is ongoing in the U.S. District Court of South Carolina before Judge Richard Gergel. The first round of bellwethers involves plaintiffs exposed to AFFF at specific military bases in Colorado and Pennsylvania. These plaintiffs were diagnosed with conditions such as kidney cancer, testicular cancer, hypothyroidism/thyroid disease, and ulcerative colitis. Discovery for these bellwethers will conclude around June 2024, with the first trial likely in 2025.

The court will also host a Science Day in the coming months to address other personal injury claims related to the MDL (Multi District Litigation). Currently, approximately 6,600 cases are pending in the MDL. Plaintiffs have filed lawsuits alleging various injuries, including prostate cancer, pancreatic cancer, skin cancer, various blood cancers, and fertility issues. This litigation is unique because the scientific link between PFAS and various illnesses is still evolving. Additionally, there are differing views on how plaintiffs can prove exposure to AFFF.

What is AFFF?

• It is designed to extinguish fires caused by flammable liquids.
• Firefighters use AFFF in various scenarios, including firefighting training facilities, vehicles, ships, shore facilities, and military installations.

How AFFF Works

1. Fire Suppression: AFFF’s primary role is to suppress fires. It achieves this through two mechanisms:

• Cooling: By cooling the fire, AFFF reduces the temperature and prevents re-ignition.
• Film Formation: AFFF creates a protective film over the fuel, preventing oxygen from reaching it. This film effectively smothers the fire.

1. Composition:

• AFFF contains water and other chemical components.
• Key components include ethylene and propylene glycol, which extend the foam’s life.
• The foam comes in a concentrate mixed with water, available in three percent and six percent formulas.

Role of PFAS

• Per- and polyfluoroalkyl substances (PFAS) are crucial for AFFF’s effectiveness.
• PFAS chemicals create the foam’s film and enhance its fire-suppressing properties.
• Common PFAS found in AFFF include perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA).

Health and Environmental Risks:

• Toxic Chemicals: AFFF can be harmful, especially if it has PFOS and PFOA in it. These human-made compounds do not occur naturally in the environment.
• Dangers of Being Exposed for a Long Time: Even though most people have a little bit of PFAS in their blood, being around it too much can make you sick, including getting cancer.
• What Research Says: Tests have found that PFOS and PFOA can make animals sick.
• Cancer Connection: The group that studies cancer worldwide, called IARC, says PFOA might cause cancer in people, calling it a “2B carcinogen.”

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