Talcum (Talc) Powder

Talc was the key ingredient in baby powder until 2020, when Johnson & Johnson discontinued its talc-based baby power in the United States.  It was eventually discontinued worldwide in 2022.  The soft mineral talc is made up of silicon, oxygen, and magnesium. Typically, talc is colorless, although it can also be beige, white, or grey.  Some samples of talc sold for cosmetic use in the United States have also been found to be contaminated with asbestos.

Ovarian cancer can arise from talc particles that enter the ovaries and cause cancer cells to proliferate. According to experts, around 20% of American women regularly applied talc-containing baby powder on their intimate areas. Studies on ovarian cancer that date back to the 1970s have suggested a potential connection between talc use in the vaginal area and the disease. According to recent research, women who use talcum powder have a 40% increased risk of ovarian cancer. Researchers from Harvard Medical School in Boston discovered that women who used talc once a week had a 36% higher risk of ovarian cancer in a study including over 3,000 women. They discovered that women who regularly used talc powder had a risk that was 41% higher.

For many years, talc could be found in many daily products that are used on the body. Many have been discontinued or reformulated to use a non-talc alternative such as corn starch, but some are still sold today. Some past and current uses of talcum powder are as follows:

  • Foot powder (e.g., Dr. Scholl’s)
  • Baby powder (Johnson & Johnson)
  • Feminine hygiene products (e.g., certain pads, Summer’s Eve Powder)
  • Gold Bond
  • Shower to Shower

Talcum powder lawsuits allege that the talc-based products can cause:

  • Lung cancer
  • Ovarian cancer
  • Mesothelioma
  • Stomach cancer
  • Uterine cancer
  • Other forms of cancer and serious illnesses

Wagstaff & Cartmell is investigating potential claims of cancer victims who have regularly used talcum powder.  If you have diagnosed with cancer after using a talc-based product,  please contact us by using the online form or by calling our office at 816-701-1100 so that we may better evaluate your potential claim.

Paraquat

Paraquat: What is it?

Paraquat is a highly poisonous chemical commonly used across the United States as an herbicide to kill weeds and grass. The U.S. Environmental Protection Agency (EPA) categorizes paraquat products as “Restricted Use Pesticides (RUPs),” which means only certified applicators can apply it.

Those who live close to industrial farms and those who work in agriculture are the most vulnerable to exposure.

Parkinsons Disease Linked to Paraquat:

Parkinson’s disease is one of the many adverse events that has been linked to Paraquat.   Oxidative stress is the mechanism via which paraquat enters the body and modifies a cell’s chemistry. Cell damage or even cell death may result from this. Parkinson’s disease can happen when some dopamine neuron cells in the brain are harmed and unable to function normally.

This extremely toxic herbicide is currently illegal in 32 nations worldwide, but not in the US. In addition, there has been a steady increase in the use of this herbicide in the US in recent years.

Parkinson’s Disease Symptoms

Parkinson’s disease is a progressive neurological condition affecting movement. Typically, symptoms develop gradually and lead to a range of motor and non-motor problems.

Although there is no known cure for Parkinson’s disease, there are drugs and therapy alternatives that can help manage and minimize the symptoms.

Symptoms of Parkinsons

  • Trembling
  • Whole body fatigue or dizziness
  • Amnesia or confusion in evening hours
  • Early awakenings or sleep disturbances
  • Anxiety or apathy
  • Hallucinations
  • Tremors (hand or other)
  • Prolonged or extreme stiffness
  • Difficulty with body movements
  • Loss of balance
  • Difficulty walking (slow gait, shuffling)
  • Difficulty or soft speaking
  • Reduced facial expression, blank stare
  • Drooling

 

If you or a loved one has been diagnosed with Parkinson’s Disease or Parkinson’s symptoms after exposure to Paraquat, Wagstaff & Cartmell may be able to help. Our products liability lawyers can examine your case and help you understand your rights. Time is of the essence. Please contact us by using the online form or by calling our office at 816-701-1100 so that we may better evaluate your claim.

Hair Straightener / Hair Relaxer Lawsuits

Wagstaff & Cartmell is representing victims who have been diagnosed with uterine cancer, endometrial cancer, or ovarian cancer after using various brands of hair relaxers, including: Dark and Lovely, Optimum, African Pride, Soft and Beautiful, and many others.

If you or a loved one have been diagnosed with ovarian cancer, uterine cancer, or endometrial cancer after using hair relaxing products, you may be eligible to file a lawsuit.

A recent study has shown that women who used hair relaxing products four or more times a year were more than twice as likely to develop uterine cancer. The companies that made and promoted these products to women of color exploited societal norms and expectations that have historically favored Eurocentric beauty standards, which often marginalize and stigmatize natural Black hair textures.

Many women begin using hair treatments earlier in childhood and teen years and may continue to use them regularly throughout adulthood. Women who have used hair relaxer products for long periods and subsequently been diagnosed with uterine or ovarian cancer are filing product liability lawsuits against the manufacturers and seeking compensation.

Hair straightener products at issue in the lawsuits include:

African Pride

  • Olive Miracle Anti-breakage No-Lye Relaxer
  • Olive Miracle Dream Kids Relaxer
  • Olive Miracle Touch Up No-Lye Relaxer
  • Olive Miracle Deep Conditioning Relaxer
  • Olive Miracle Deep Conditioning No-Lye Relaxer

Africa’s Best

  • Herbal Intensive Dual Conditioning Relaxer
  • Originals Olive Oil No-Lye Conditioning Relaxer
  • Touch-Up Plus Moisturizing No-Lye New Growth Relaxer

SSC Dark and Lovely, L’Oreal

  • Moisturizing Relaxer with Shea Butter
  • Triple Nourished Silkening Relaxer
  • Beautiful Beginnings Kids No-Mistake Nourishing No-Lye Crème Relaxer
  • Healthy Gloss Shea Moisture No-Lye Relaxer

SoftSheen Carson (SSC), L’Oreal

  • Precise No Lye Conditioning Relaxer Supreme
  • Precise No Lye Original Relaxer
  • No Base Relaxer
  • Multi Mineral Reduced Ph Creme Relaxer
  • Optimum Smooth Multi-Mineral Creme Hair Relaxer
  • Multi-Mineral Reduced Ph Crème Relaxer
  • Salon Collection Hair Relaxer Super Strength – Optimum Salon Haircare
  • Salon Collection Relaxer Regular Strength – Optimum Salon Haircare

Soft & Beautiful

  • Botanicals Regular Texturizer
  • No-Lye Regular Texturizer
  • No Lye Sensitive Scalp Relaxer

Motions

  • Classic Formula Relaxer
  • Regular Relaxer
  • Silkening Shine No-Lye Relaxer
  • Smooth & Silken Relaxer

Silk Elements

  • MegaSilk Shea Butter Relaxer
  • Luxury Moisturizing Shea Butter Relaxer

Organic Root Stimulator (ORS) Olive Oil

  • No Base Relaxer
  • No-Lye Relaxer
  • New Growth Relaxer
  • Girls Hair Relaxer
  • Zone Relaxer
  • Professional Crème Relaxer
  • Mild Touch Relaxer

Just For Me

  • No-Lye Relaxer for girls
  • No-Lye Texture Softener
  • Super Relaxer

The lawsuits allege that the companies who marketed and sold the products ignored evidence about the dangers of the chemicals used in their products. They also failed to warn consumers of the risk associated with using their products. Women across the country have been harmed or face an increased risk of harm.

If you or a loved one have used hair relaxers and have been diagnosed with ovarian, uterine, or endometrial cancer, you may contact us for a free case evaluation. You may be eligible to receive compensation at no up-front cost to you, and this free case review will quickly determine your eligibility Call us at 816-701-1100 or fill out the online form.

Tom Cartmell of Wagstaff & Cartmell Tapped to Lead in Social Media Litigation – Appointed to JCCP and MDL Sub-Committee

We have significant updates regarding the ongoing legal actions against major social media platforms. The Hon. Carolyn B. Kuhl, a California state judge, recently ruled in favor of adolescents and parents, allowing the progression of negligence and fraud claims against Meta (Facebook and Instagram), Snapchat, TikTok, and YouTube.

Tom Cartmell is set to play a crucial role in these cases. He will serve on the Local Government Entities Sub-Committee of the MDL litigation in Northern California and the Plaintiffs’ Steering Committee of the JCCP for the federal multidistrict litigation.

This legal endeavor is unprecedented, seeking to hold tech giants accountable for the emotional and physical harm (i.e. suicidal ideation, eating disorders, mental health issues) resulting from social media addiction among youth. The lawsuits argue that these platforms are designed to maximize profits by manipulating and addicting kids and adolescents to social media, with many victims suffering personal injuries due to their addictions.

Wagstaff & Cartmell has a history of representing numerous school districts nationwide in claims of nuisance and negligence arising from social media’s harmful impact on education systems.  We are enthusiastic about taking additional steps to hold these social media firms responsible. If you or someone you know has experienced a personal injury due to social media use, please reach out today to Lucy Davis at ldavis@wcllp.com or (816) 701-1130.

Male Mesh Sling for Incontinence Lawsuits

Wagstaff & Cartmell is representing victims who have suffered serious complications after being implanted with mesh slings for urinary incontinence.  These slings include the Virtue©  sling made by Coloplast, and the AdVance©  sling made by Boston Scientific.

The male mesh sling procedure involves placement of a synthetic sling in the groin area to compress the urethra under it.  It is implanted completely in your body and is designed to reposition and support the urethra to restore normal bladder control.  The male mesh sling procedure was developed to help men with urinary incontinence due to sphincter weakness or insufficiency in the setting of prior pelvic surgery, including post-TURP (transurethral resection of the prostate) and radical prostatectomy.

While there are other, more widely accepted treatments for male incontinence such as the artificial urinary sphincter, the companies which manufacture these male mesh slings market the procedure as having the advantage of requiring only a small incision in the groin and having a fairly short recovery time.   Male mesh sling surgeries have eliminated or reduced urinary incontinence in thousands of patients, but unfortunately a significant number of patients have not have positive results.  Male mesh slings can cause a number of side effects, some of which are severe.

The FDA has received hundreds of complaints and severe adverse event reports involving a number of faulty male mesh slings.

The models of Male mesh slings commonly included in FDA complaints include:

  • AMS Advance© Male sling System- American Medical Systems and Boston Scientific
  • Virtue© Sling- Coloplast

Unlike prescription drugs, which must be proven safe and effective before being sold, most medical devices face no such requirements.

Male Mesh Sling Side Effects

Any medical procedure may result in side effects, including male mesh slings.  However, some side effects are more severe and warrant additional medical treatment:

Patients who experience a problem with a male mesh sling are likely to experience any one of the following health issues:

  • Severe Pelvic Pain
  • Severe Scrotal Pain
  • Persistent perineal pain
  • Erosion of the mesh into the urethra
  • Erosion of the mesh into surrounding tissue or organs
  • Infection
  • Fistula formation and inflammation
  • Device migration
  • Scar tissue

Any one of these problems can require medical treatment, which may include additional surgery to remove of all or part of the mesh sling.

These mesh slings are made from a plastic material called polypropylene.  Over time, erosion or contraction of the mesh- described as being made of a material similar to that of Rubbermaid© storage containers – has led to complications, with symptoms including severe scrotal and pelvic pain, painful sexual intercourse and urinary problems.

Other patients may have an implant which exhibits a chronic foreign body reaction and a chronic inflammatory response, potentially leading to chronic pain and infections, which may require medical treatment.

A patient or family member who files a medical injury lawsuit may receive compensation for medical costs, lost wages and other damages, and may be eligible for punitive compensation as well.  Each case must be individually evaluated.  If you have been implanted with a male mesh sling and have had side effects from the device, you may contact us for a free case evaluation.

If you have suffered serious complications after being implanted with a Virtue© or an AdVance©  sling, you can contact us for a fee consultation.   Call us at 816-701-1176 or fill out the form below.

Male Mesh Injury

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Who is the manufacturer of your male mesh sling?(Required)

 

Wagstaff & Cartmell rides $1.5B vaping litigation settlement to a solid 2022

Thomas Cartmell Wagstaff & Cartmell Business Journal Article

Kansas City-based Wagstaff & Cartmell LLP’s 25th year in business was exceptional, topped off by earning a $1.5 billion settlement in a vaping case for more than 300 school districts nationwide, including in the Kansas City area.

A federal district court judge in California appointed founding partner Tom Cartmell to be government entity liaison counsel for plaintiffs in the class-action case, originally filed by a San Francisco school district. More than 1,200 schools in more than 300 school districts joined the case, including Olathe, Blue Valley, Shawnee Mission, De Soto and Lawrence in the Kansas City region.

View article: Business Journal

Amtrak Train Derails in Missouri

Wagstaff & Cartmell is proud to be representing victims of the Amtrak train derailment that occurred on Monday, June 27, 2022, in Mendon, Missouri. Our experienced team of lawyers are committed to obtaining justice and are prepared to assist the victims of this tragic collision.

Investigations are ongoing, but early reports have confirmed that approximately 250 passengers and 12 crew members were on board the Amtrak train that crashed into a dump truck mid-day on Monday, June 27. Over 100 injuries and 4 deaths have been reported by local news outlets. The train was traveling eastbound on BNSF track from Los Angeles to Chicago as it approached a public railroad crossing near Mendon, Missouri. The uncontrolled intersection did not have any warning lights or automated gates.

Our team is committed to getting answers for all those involved. If you or someone you know has been affected by this accident and would like a free consultation, call us at 816-701-1170 or email us at mdickson@wcllp.com.

EIGHTEEN WAGSTAFF & CARTMELL ATTORNEYS NAMED TO SUPER LAWYERS

Wagstaff & Cartmell, LLP, a litigation law firm based in Kansas City, MO, is pleased to announce nineteen Attorneys have been named as “2021 Missouri & Kansas Super Lawyers” by the publishers of Thomson Reuters.

Partners Thomas P. Cartmell and Jonathan P Kieffer were named to “2021 Missouri & Kansas Super Lawyers” were named in the field of Personal Injury Products: Plaintiff, and partner Brian Madden was named in the field of Personal Injury General: Plaintiff.

Partners Marc K. Erickson, Brandon D. Henry and Thomas A. Rottinghaus were named “2021 Missouri & Kansas Super Lawyers” in the field of Personal Injury Medical Malpractice Defense.

Additional Partners Eric Barton, David DeGreeff and Jeffrey M. Kuntz were named in the Class Action Practice area; Partner Adam Davis was named in Appellate Practice; Partner Tyler Hudson was named in Business Litigation and Partners John P. O’Connor and PJ O’Connor were named in the Criminal Defense Practice.

Finally, Wagstaff & Cartmell is honored that 6 of our attorneys were named “2021 Missouri & Kansas Rising Stars”.  Diana L. Beckman, Melody R. Dickson, Jack Hyde, Sarah S. Ruane and Lindsey Scarcello were all named as 2021 Rising Stars.

These honors enhance our reputation as a preeminent Litigation Firm in the Midwest and are a testament to the outstanding attorneys we have at our disposal in a broad spectrum of practice areas, said Marc Erickson, the firm’s Managing Partner.

The Missouri & Kansas Super Lawyers represents the top five percent of attorneys in the States of Missouri & Kansas, as chosen by their peer nominations and evaluations which are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. “Super Lawyers” a Thomson Reuters Business, makes the selections through a process designed to identify lawyers who have obtained a high degree of peer recognition and professional achievement.  A description of the selection methodology can be found at http://www.superlawyers.com/about/selection_process_detail.html.

About Wagstaff & Cartmell LLP: Wagstaff & Cartmell is a litigation boutique focused on handling high-stakes and complex litigation matters nationwide. Its practice spans a wide range of matters, from professional liability to business litigation to product liability, mass actions, class actions, medical malpractice defense and catastrophic personal injury.  In all areas, the firm thrives in the courtroom and in preparing to get there.

 

 

 

 

SIX WAGSTAFF & CARTMELL ATTORNEYS NAMED TO The Best Lawyers in America®

Wagstaff & Cartmell, LLP, a litigation law firm based in Kansas City, MO, is pleased to announce six Attorneys have been named to the 2022 edition of The Best Lawyers in America®, one of the legal professions oldest and most respected peer-review publications.  Founding Partner Thomas P Cartmell named a Best Lawyer in America in four practice areas: Medical Malpractice Law-Defendants, Medical Malpractice Law-Plaintiffs, Personal Injury Litigation-Defendants and Personal Injury Litigation-Plaintiffs.

In addition to Cartmell, the firm’s 2021 Best Lawyers include Eric D. Barton: Commercial Litigation, Brian J. Madden: Personal Injury Litigation-Plaintiffs and Thomas A. Rottinghaus: Personal Injury Litigation-Defendants.

Two additional Wagstaff & Cartmell partners were recognized for their criminal defense practices by Best Lawyers in America, John P. O’Connor for Criminal Defense-General Practice and Criminal Defense-White Collar and Patrick J. O’Connor, for his practice in Criminal Defense-General Practice.

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. More than 113,000 industry leading lawyers are eligible to vote (from around the world), and we have received more than 15 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2022 edition of The The Best Lawyers in America®, ®, more than 10.8 million votes were analyzed, which resulted in more than 66,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore, inclusion in Best Lawyers is considered a singular honor.

About Wagstaff & Cartmell LLP: Wagstaff & Cartmell is a litigation boutique focused on handling high-stakes and complex litigation matters nationwide. Its practice spans a wide range of matters, from professional liability to business litigation to product liability, mass actions, class actions, medical malpractice defense and catastrophic personal injury.  In all areas, the firm thrives in the courtroom and in preparing to get there.