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Name: Wagstaff & Cartmell, LLP
Address: 4740 Grand Ave #300, Kansas City, MO, 64112, USA
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June 10, 2020 Leave a Comment

3M Litigation Leadership Announcement

Wagstaff & Cartmell founding partner, Thomas P. Cartmell, has officially been appointed to the Executive Committee of the 3M Combat Arms Earplug Products Liability Litigation MDL. Tom will now be a part of a team of attorneys across the country who are representing thousands of veterans and U.S. military members who experienced hearing loss due to using 3M earplugs.

One of the main issues with this Multidistrict Litigation is that there is a lot of misinformation permeating throughout the entirety of the military community, so on this page we’re going to go over everything you need to know about the 3M litigation, and how you or your loved one may likely be able to receive your rightful compensation that potentially goes into the 5-digit mark.

Contact us for a free consultation if you or a loved one used 3M earplugs while in the U.S. military and still ended up with hearing loss or deficiencies, because once we get a thorough understanding of your unique situation we’ll be able to assist you in joining this ever-growing lawsuit.

Why Do These 3M Earplugs Cause User Harm?

3M’s Dual-Ended Combat Arms Earplugs were utilized within the U.S. military from 2003 to 2015 while our troops were actively fighting in conflict zones like Afghanistan and Iraq, and these ear plugs have lead to countless soldiers experiencing partial or full hearing loss, and even tinnitus.

These 3M earplugs were originally designed to block out common combat sounds like loud blasts and noises, while simultaneously allowing soldiers to adequately be able to hear their commanding officer’s orders. But the major issue with this military industrial partnership was that 3M ultimately failed to notify the U.S. government that there were many faulty earplugs, which were the root cause of many military members to partially or completely lose their hearing.

Aearo Technologies, which 3M acquired in 2008, designed these earplugs, which were distributed to the Department of Defense in orders of 15,000, 50-pair packages per year.

This entire multidistrict litigation really picked up steam in 2018 when a 3M whistleblower stepped forward and informed the public and the military community about the uninformed design flaw. The USDOJ investigated the whistleblower’s claims, which then lead to 3M paying $9.1 million to the federal government in order to resolve the allegations against the Minnesota-based multinational conglomerate.

These specific earplugs have since been discontinued, but of course the negligence of supplying these earplugs for years to active military members has put 3M in a place where they may potentially be liable for much more monetary damages into the future via the legal action of individual service members.

How Do These Earplugs Inflict Harm to Users?

The symmetrical nature of these earplugs ends up originating the design flaw that ultimately inflicted harm on countless military members. The fitting instructions for these earplugs clearly demonstrate the possibilities of the earplugs loosening and allowing sound to enter the user’s ears. Of course when these sounds are from a combat or training zone, the lack of durability with the earplug easily leads to damage to the wearer’s hearing.

As a result of consistently wearing these faulty earplugs, countless veterans and military personnel have been experiencing hearing loss or a ringing in their ears.

Which earplugs are associated with hearing problems?

The 3M dual-ended Combat Arms Earplugs, Version 2. Many soldiers and investigators have reported that these earplugs were simply too short to adequately maintain a tight fit within the user’s ears, which allowed sounds to surpass the product’s technology and put wearers at risk of hearing damage.

These earplugs were apart of a massive military industrial contract, and veterans are coming forward saying that 3M misrepresented their devices’ overall effectiveness, and that they didn’t disclose the defects of their products. This blatant negligence exposed countless American military personnel to hearing loss risks!

What misinformation is circulating that pertains to this lawsuit?

The main misinformation that is unfortunately being permeated by influencers and blogs within the military community is that the 3M Combat Arms Earplug Products Liability Litigation is a class-action lawsuit, but this is simply not true.

The most unfortunate misinformation out there about this multidistrict litigation is that it’s class action and that the affected users will only receive around $7! This is blatantly untrue, and those who were affected by these faulty products are eligible to monetary damages that get to tens of thousands of dollars.

What problems have veterans and military members reported?

Because these 3M earplugs were allegedly too short to be effective, it ultimately lead to serious issues for the product’s users over long periods of time. Some of the long-term hearing damage that have been reported by veterans and military members include:

Tinnitus (ringing in the ears)
Permanent hearing loss
Balance problems

What’s even more negligent within this case is that 3M ultimately lead the U.S. government and its military members to believe they were adequately protected during training and service when they in fact knew they weren’t fully protected.

Who can participate in the 3M Combat Arms Earplug Products Liability MDL?

Although 3M came to a $9.1 million settlement with the U.S. government, that doesn’t count individual service members. In order to participate in the lawsuit, potential plaintiffs will be required to have a valid diagnosis from a medical professional of tinnitus or hearing loss issues around the time of their discharge from the military.

The relevant service time is 2003 to 2015, so anyone who wore 3M’s Combat Arms Earplugs during this time and was eventually diagnosed with partial/total hearing loss is eligible for compensation.

Contact Wagstaff & Cartmell For A Free Consultation

Anyone who is interested in joining this lawsuit should reach out to us for a free consultation.

When we obtain a more thorough understanding of your situation and current hearing issues, we’ll be able to help you better understand your options and begin the necessary steps towards formulating a product liability claim against 3M on your behalf.

June 10, 2019 Leave a Comment

The Future of Healthcare in the Post-Opioid Crisis Era

Not long ago, the President of the United States declared a national emergency addressing the ongoing opioid crisis in our country. The healthcare industry has been reeling ever since in order to find an alternative method of treatment for pain relief for patients afflicted with chronic and severe pain. The FDA briefly outlined its new strategy on combating the issue head-on in their 2018 Strategic Policy roadmap.

The number one priority of the FDA is to reduce the overall dependency of the American public on opioids drugs. The approach of tackling this issue includes promoting and fostering innovation and competition in the healthcare field, empowering and educating the public about healthy lifestyle choices including their diet and health, and strengthening the FDA’s database in order to better access risk management in the healthcare field.

Alternative Treatment of Pain Management

Under the new guidelines espoused by the FDA, medical providers in the healthcare field would need to explore new less risky options in the realm of pain management. One core cause of the crisis arose from the ease of exposure to the drug.

Many doctors irresponsibly prescribed their patients strong opioid drugs for relatively minor pain or discomfort. Another strong emphasis has been placed on the transition away from an opioid congested drug market to one full of more holistic choices for patients.

The FDA has also pioneered new treatments such as Medication Assisted Treatment or MAT, which is the use of a combination of different medications in conjunction with behavioral therapy in order to treat patients with opioid dependencies. So far, three drugs have been approved for the treatment of opioid dependency including:

Buprenorphine
Methadone
naltrexone.

The two-pronged approach of with prevention and treatment in tandem is the most effective method of dealing with the opioid crisis.

The Toll of the Opioid Crisis on the American Public

Millions of Americans have been adversely affected by the opioid crisis one way or another, either they have suffered from the agony of addiction themselves or have witnessed a family member go through it. According to the CDC, nearly 218,000 have suffered overdoses from ingesting prescription opioids during the span from 1999 to 2017.

Another alarming statistic that jumps to the forefront is the staggering rise in overdose rates. The occurrence of overdose rates relating to opiate drugs shot up more than five times in 2017, as compared to 1999. On the other hand, many trends point to the declining rates of opiate prescription as an optimistic indicator for the future.

The Legal Battles Against the Opioid Crisis

Many states have been waging similar legal battles against the pharmaceuticals giants which pushed the prescription and usage of opiate drugs. Wagstaff & Cartmell have been at the forefront of the battle to serve justice against the big pharma companies operating in the state of Missouri. The damages caused by the opioid crisis amount to nearly 951 precious lives and around $1.4 million dollars per hour in damages to the state in 2017.

Patients who have been afflicted with opiate addiction due to the irresponsible prescription of opioid drugs have the right to full compensation. Plaintiffs have sought after compensation for damages resulting from unnecessary medical expenses, agony of addiction, cost of rehabilitation, possible lost wages and employment, funeral expenses in the event of an overdose, and many other cases.

Depending on the extent of your opiate addiction and the extenuating circumstances, you could be entitled to a large sum of compensation. You will never be charged a single court fee until you receive a winning verdict in your favor.

The realm of law can be awfully daunting to confront all alone. Big pharma has been able to get away with screwing over patients thanks to their legions of deceitful lawyers covering their tracks. In order to reap the full compensation you deserve from big pharmaceutical giants, you will need experienced cutthroat attorneys in your corner who will work tirelessly to ensure a winning verdict at all costs.

Call for Action

Wagstaff & Cartmell are experienced attorneys of law in the courtroom against pharma giants. They have spearheaded many successful verdicts in mass tort drugs and product liability cases collecting billions of dollars for their clients.

They are actively working on many top pertinent cases such as issues associated with transvaginal meshes, hip implants, knee replacements, and many others. At Wagstaff & Cartmell, the attorneys here will not rest until their clients are awarded justice in a court of law.

If you or anyone you know have been personally affected by opiate drugs, make sure to contact Wagstaff & Cartmell. They are currently pursuing future litigation against all parties involved with the wholesale manufacturing, distribution, and prescription of opioid drugs in the state of Missouri.

June 8, 2019 1 Comment

What Is the Difference Between a Mass Tort and a Class Action Suit?

A mass tort and a class action suit are two types of personal injury claims that involve large groups of plaintiffs who have substantially similar claims against the same defendant. But a mass tort and a class action suit are also quite different, both in terms of court procedure and in what cases are appropriate for each.

What Is a Mass Tort?

A tort generally refers to an act or omission by one party or parties that causes another to be harmed or injured, often because of negligence. A mass tort groups many individual lawsuits alleging harm or injury together, because each suit involves common questions of fact.

The individual plaintiffs, however, are treated separately. Plaintiffs in a mass tort make substantively the same allegations, such as claiming injury from the same defendant in the same way, but the severity of specific manifestations, for example, may be different among the plaintiffs.

Mass torts are often used when plaintiffs have brought lawsuits for damages against pharmaceutical or medical device companies for injuries or recalls.

Mass torts often proceed as a multidistrict litigation (MDL) in the Federal system. MDLs are established by the U.S. Judicial Panel on Multidistrict Litigation (JPML). The consolidation of cases that occurs in an MDL places all the cases before a single judge in one court. The intent is to bring more efficiency to the legal process and reduce a drain on court resources, including the time and effort of all parties.

In an MDL, for example, a witness provides testimony one time that is used for all the cases in the mass tort, rather than testimony for every single case. The discovery process and judge’s rulings proceed similarly. The creation of an MDL causes the process to be more streamlined than each case proceeding individually would be.

What Is a Class Action?

A class action lawsuit also represents a number of plaintiffs who were allegedly injured or wronged by the same defendant in the same way. The plaintiffs are termed the “class.” In a class action, one complaint is filed for the class, and a class representative stands for all members of the class. In court, then, all the individual plaintiffs are in effect treated as a single plaintiff.

It should be noted that, while mass torts and class action lawsuits are distinct, they are not mutually exclusive. Some plaintiffs may choose to pursue individual claims under a mass tort, while others may decide to join a class action lawsuit for a similar issue.

Examples of Mass Tort Cases

A mass tort often involves individuals injured by dangerous drugs and medical devices. Attorneys at Wagstaff & Cartmell are representing plaintiffs, for example, in cases alleging that the drugs Zoloft, Lexapro, Celexa, Prozac, Paxil, Topamax and Depakote, when taken by women during pregnancy, cause their children to be born with a range of congenital birth defects.

Attorneys at Wagstaff & Cartmell are also representing plaintiffs in a mass tort medical device case involving DePuy hip implants. Plaintiffs allege that the implants, which are metal-on-metal, cause pieces of metal to fray in the body. The implants have caused patients receiving them to develop an array of serious symptoms, including difficulty walking and standing, tissue death, metalosis and pain.

Examples of Class Action Suits

A class action lawsuit can involve a variety of subject matters, including antitrust, securities, consumer and product liability actions.

Recently, for example, Wagstaff & Cartmell won a $10 million class action settlement in an environmental property damage case. The settlement was reached with an engineering company on behalf of a class consisting of landowners in Northwest Missouri. The class action alleged that a St. Joseph tannery, Prime Tanning, distributed tannery sludge containing hexavalent chromium produced from its tanning operations to landowners to use as fertilizer in four Missouri counties from 1983 through 2009.

Contact an Experienced Law Firm for Results

The experienced personal injury attorneys at Wagstaff & Cartmell conduct both mass tort and class action suits. In mass torts, our lawyers are often named to the plaintiffs’ leadership teams of the U.S.’s most extensive drug and medical device cases. Our leadership roles, including those in MDLs, stem from our past record of success, deep experience and an excellent reputation in mass tort and product liability law.

In class actions, Wagstaff & Cartmell attorneys have recovered over $600 million, both locally and nationally. We have been part of the leadership group prosecuting significant class actions across the U.S. and have also successfully defended class actions.

Mass Tort Claims FAQs

How Are Mass Tort Cases Different from Class Actions?

While both mass tort claims and class actions involve a large number of people who have suffered a similar type of harm, they are different in several important respects. In a mass tort action, each individual plaintiff has an individual claim with distinct damages, which may go to trial if the case is not settled. In contrast, in a class action, the claims are generally not considered individually, and any settlement or jury verdict is split among all members of the class.

What Are Common Types of Mass Tort Cases?

While there are a number of possible mass tort claims, they usually fall into one of three categories: (1) prescription drugs; (2) product liability (i.e., dangerous and defective products); and (3) toxic torts. A good example of toxic tort cases is asbestos litigation. Millions of Americans suffered lung injuries, including cancer, from exposure to asbestos; mass tort litigation helped them recover for their losses.

What Kinds of Damages Can I Get in a Mass Tort Case?

Under state and federal laws, individuals who have suffered a loss due a dangerous prescription drug, a faulty product, or exposure to a pollutant or chemical may be able to recover financial compensation. This may include money for current and future medical expenses, lost wages, disability and disfigurement, pain and suffering, and other types of emotional damages.

How Are Mass Tort Claims Resolved?

A mass tort case is resolved in one of two ways: (1) an organized/group settlement; or (2) individual settlements or trials. Group settlements are structured in a way that takes into account each individual’s claim, and each participant can make a decision about whether to participate in this settlement after hearing the proposed terms.

What Are the Advantages of a Mass Tort Claim?

If a large number of people have suffered a similar injury, a mass tort can be an effective and cost-efficient way to reach a favorable outcome. Everyone involved in the claim will benefit from using the evidence that was gathered during the mass tort process — but can take their individual case to trial or work out their own settlement. In this way, participants will get the advantage of pooling their resources while maintaining their ability to get a resolution that works for them with the help of a mass tort claim attorney.

Please contact Wagstaff & Cartmel to schedule a consultation or call (816) 701-1100 today to discuss a mass tort drug or medical device product liability case or class action issue. See here for a list of mass torts we are actively pursuing.

June 7, 2019 Leave a Comment

Will 3D-Painted Crosswalks Have an Effect on Pedestrian Safety?

City planners and governments around the world have started to implement a new type of crosswalk over the past few years. It’s 3D-painted crosswalk intended to improve pedestrian safety.

To pedestrians, the painted lines on a 3D crosswalk simply look like paint. But to drivers, from a distance of 40 to 50 feet, they look like actual objects placed in the road. Many observers think they resemble boxes.

The optical illusion of making painted lines look like boxes is intended to make drivers slow down, almost like a speed bump does physically. It’s a commendable attempt to make pedestrians safer by capturing drivers’ attention and forcing them to reduce speed near a crosswalk. It also draws pedestrian attention to crosswalks.

The 3D-painted crosswalks are in use in China, India, Iceland, Canada, and the U.S. Both Kansas City, Kansas and Olathe, Kansas have recently rolled out 3D-painted crosswalks. The former is at the intersection of Augusta and Northridge Drive and the latter is on Cherry Street from Park to Loula streets.

Pedestrian Deaths, Injuries a Major Issue

Pedestrian deaths and injuries are a major safety issue. In 2017, 5,977 pedestrians were killed in traffic accidents across the U.S., according to the National Highway Traffic Safety Administration (NHTSA). That’s one every 88 minutes. These deaths accounted for 16 percent of all traffic accident fatalities.

Although the number of pedestrian deaths fell slightly from the 6,080 recorded in 2016, these statistics show how significantly traffic accidents threaten pedestrian safety. About 19 percent of all traffic-crash deaths of children 14 years old and younger were pedestrian deaths. But pedestrian deaths are a significant danger to nearly every age group.

Twenty percent of pedestrian deaths occur in those 65 and older, and the highest number, 21 percent each, occurs in people between the ages of 50 and 54 and 55 and 59. The lowest number is in children under 5 and aged 5 to 9.

Nearly 129,000 pedestrians were injured in traffic accidents severely enough to be treated in emergency departments nationwide during 2015, according to the U.S. Centers for Disease Control and Prevention.

Safety Precautions to Reduce Pedestrians Accidents

Will 3D-painted crosswalks improve traffic safety for pedestrians? It’s likely that more data are needed. A 2012 study indicated that 3D-painted crosswalks had no measurable impact on getting cars to slow for pedestrians, although crosswalks, in general, were safer than areas without crosswalks.

Kansas City has plans to observe its 3D-painted sidewalks for more data.

Driving & Walking Safety Tips

It’s important to note, though, that the circumstances of all too many pedestrian accidents indicate that the best methods to improve safety may be the tried-and-true ones. Both drivers and pedestrians need to follow basic safety precautions.

Be aware of the elevated risk of certain times of the day.
Eliminate drinking while either driving or walking, making conditions much safer.
Drivers should be aware of pedestrians at all times. Slow down around schools and neighborhoods.
Roughly 75 percent of pedestrian accidents occur when it’s dark. Drivers should particularly exercise caution at night.
Pedestrians should behave prudently when walking as well. It’s important to cross at a crosswalk if there is one. If there isn’t, cross at a lighted intersection. Walk on a sidewalk or path. Wear bright, light clothing and wear reflective strips at night. Consider carrying a flashlight at night.

Drinking and Pedestrian Accidents

The data are very clear on drinking and pedestrian accidents. The NHTSA reports that alcohol consumption, by either the driver or the pedestrian, was involved in 47 percent of fatal pedestrian traffic accidents in 2017.

Seventeen percent of drivers in pedestrian-vehicle accidents that resulted in a pedestrian death had been drinking excessively, as indicated by a blood alcohol concentration (BAC) of 0.08 percent or higher, which is the level signaling alcohol impairment in all U.S. states.

Drivers should never drink before they get behind the wheel. If they have been drinking, they should designate a friend or family member to drive who has not been.

But pedestrians need to realize that excessive alcohol consumption before walking is a danger to their safety too: 32 percent of pedestrians in fatal pedestrian-vehicle accidents had a BAC of 0.08 percent or higher. Walking is a means of transportation, after all, and drinking simply doesn’t mix with safe transportation.

Call an Experienced Pedestrian Accident Lawyer Today

If you or a loved one have been in a pedestrian accident, the experienced personal injury attorneys at Wagstaff & Cartmell will fight vigilantly for justice. You may be eligible for compensation to treat your injuries, recover lost wages and more.

For more information or to discuss the details of your claim, contact us today or call (816) 701-1100 to schedule a free consultation.

May 16, 2019 Leave a Comment

A Brief History of the Opioid Epidemic

Deaths attributed to the ongoing opioid epidemic have been continually increasing over the past several decades. According to data from the U.S. Department of Health & Human Services, an average of 91 people each day die due to opioid overdose. How did we get to this point, and what is being done in an effort to combat the ongoing opioid crisis across the country?

What is the Opioid Epidemic?

The opioid epidemic is a plague of opioid addiction and overdose that has swept over the United States in recent decades. The majority of these addictions do not stem from the use of hard and illicit drugs, such as heroin; rather, many addiction to opioids begin during the use of prescriptive opioids that are legally prescribed for pain.

Some examples of common legally prescribed opioids include:

Methadone
Oxycodone
Hydrocodone
Hydromorphone
Oxymorphone
Morphine
Codeine

The below opioid epidemic statistics are taken from studies done by the U.S. Department of Health and Human Services for the year 2016:

116 people died from opioid-related overdoses each day.
Over 42,000 people died from opioid overdoses over the course of the year.
1 million people had an opioid disorder.
17,087 deaths were caused by overdoses on commonly prescribed opioids.
19,413 deaths resulted from the use of other synthetic opioids other than methadone.
15,469 deaths were attributed to heroin overdose.

The Science of Opioids

Opioids are commonly prescribed by doctors to treat severe pain in their patients. Opioids work by binding to receptors in the brain and spinal cord that block pain, and in some cases produce a feeling of euphoria.

This “high,” however, can quickly become problematic. As treatment continues, your body continually becomes accustomed to the drug over time, requiring higher dosages in order to maintain potency. This frequently leads to a dependency and dangerous addiction to opioids, and the feeling of euphoria can lead to drug misuse, or serve as a gateway to more dangerous drugs, such as heroin, in order to achieve the desired level of effect.

As opioids are frequently prescribed by doctors despite the dangers present, the number of people addicted to opioids continues to rise each year. The number of opioid-related deaths has become so severe in recent years that, in 2017, the United States declared the opioid epidemic to be a public health crisis.

History of Opioid Use in the US

The use of opioids to treat pain first rose to prominence during the Civil War during the early 1860s as a way to treat wounded soldiers. Soldiers were often treated with morphine, leading to subsequent dependencies and addiction to the drug in veterans during and immediately after the war’s conclusion.

In 1898, the Bayer Company first introduced heroin onto the market as a “wonder drug” that could effectively treat pain without the debilitating effects of habit-forming morphine. Much not was known about heroin during its early years on the market, but once addicts discovered that its effects could be amplified upon injecting the drug into their system, a worrying new opioid epidemic began to take hold at the turn of the century.

Throughout the 1910s-1920s, the U.S. placed restrictions on opioids and other narcotics, requiring that formal prescriptions be written in order to obtain these potentially dangerous substances. In addition, the U.S. outlawed heroin in 1924 as a way to combat the growing opioid problem.

As the mid-century passed, efforts to combat illegal distribution and use of opioids culminated in the Controlled Substances Act of 1971, establishing federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated. The act created five schedules (or classifications) of substances still used to this day.

In 1995, Purdue Pharma introduced OxyContin (a variant of oxycodone) to the market as a gentler and less addictive opioid pill. Over the next two decades, doctors increasingly prescribed OxyContin (and other legal opioids) as a means of treating pain. Echoing the widespread distribution of legal opioids a century earlier, many more patients found themselves addicted to OxyContin as the U.S. prepared to enter the 21^st century.

Despite measures and lawsuits that have been taken against Purdue Pharma and other legal opioid manufacturers and distributors, the effects of the opioid epidemic have ravaged the entire country up to the present day. Opioids are continually prescribed to patients even with the risk of addiction and dependency being common knowledge, and as a result, the overall number of addicts and overdose-related deaths have skyrocketed in the past two decades alone.

Recent Causes of the Opioid Epidemic

Since the history of opioid use to treat pain dates back centuries, it can be difficult to pinpoint how (and why) opioid use has inflated to epidemic proportions in recent years. Besides dependency and addiction in patients, doctors and pharmaceutical manufacturers have also played their own hands in contributing to the growing number of addicts and deaths related to opioid use.

The roots of the opioid epidemic can ultimately be traced back to the over-prescription of opioid drugs to treat pain, rather than seeking alternative (and less addictive) treatment options. It has been found that opioid pills are generally more covered by insurance policies rather than alternative treatments and therapies. This means that a doctor may prescribe potentially dangerous opioid pills as less-expensive alternatives to solving a patient’s pain problems.

Drug companies have also aggressively marketed their opioid products as “non-habit inducing” and “moderate,” despite a lack of research to substantiate these claims. Unfortunately, this marketing has proven effective, and has even swayed doctors to prescribe even more opioids to patients in exchange for lucrative incentives, such as free meals.

Combating the Opioid Epidemic

As a result of the ongoing opioid epidemic, professional medical experts are now calling for medical students to be taught to prescribe opioids to patients much more carefully. This education process includes training the up-coming doctors how to properly identify pain and the best treatment for it, and then teaching how to apply for waivers so that they are able to prescribe alternative treatments and therapies to opioids.

Since the United States was officially declared to be in a state of public health crisis due to the opioid epidemic, state and federal governments have since put plans into action to tackle the crisis and reduce its causes.

The federal government has developed a five-point strategy to fighting the opioid crisis:

Improve accessibility of treatment and rehabilitation services.
Promote the use of overdose-reversing drugs.
Strengthen public understanding of the epidemic through improved public health surveillance.
Support research on reducing pain and addiction.
Advance better practices in the first place for pain management and reduction.