The connection between talc and cancer has been building for years. Women who used talc powder in their genital area for feminine hygiene have shown significantly higher rates of ovarian cancer. Research published in medical journals indicates that regular talc use may increase ovarian cancer risk by 20-30%. For mesothelioma, the link is even more apparent as asbestos contamination in talc products has been directly identified as a contributing factor to this aggressive cancer that affects the lining of the lungs and abdomen.

Despite decades of internal research and scientific studies raising red flags, major manufacturers continued marketing talc products without adequate warnings. Court documents have revealed that some companies knew about potential asbestos contamination as early as the 1970s but failed to inform consumers. Many families trusted these products for generations, using them daily on themselves and their children, never suspecting the potential danger.

The post Talc Powder and Cancer: The Hidden Truth Behind a Household Staple appeared first on South Carolina Personal Injury Law Blog.

Reports now show that hundreds of patients have developed a condition called gastroparesis, a chronic disorder that affects the stomach’s ability to empty food, leading to vomiting, malnutrition, and unrelenting nausea. For some, the condition becomes permanent, requiring feeding tubes or repeated hospitalizations. Others have suffered from intestinal obstructions, pancreatitis, and kidney damage caused by dehydration from recurrent vomiting. In the most alarming cases, individuals have reportedly gone blind after using these medications.  GLP-1 use is now linked to developing a condition called NAION, a form of optic nerve damage that causes sudden, irreversible vision loss.

Despite these serious risks, many patients were never warned. In fact, a growing number of lawsuits allege that drugmakers failed to properly disclose the full range of side effects linked to GLP-1 drugs. The consequences have been life-changing. People who trusted their doctors and believed they were making smart decisions for their health are now left struggling with permanent injuries. Many say they never would have taken the medication had they known what could happen.

The post The Hidden Dangers of Ozempic: What Drugmakers Didn’t Tell You appeared first on South Carolina Personal Injury Law Blog.

Originally developed in the early 1960s, Paraquat is a fast-acting weedkiller used primarily by licensed applicators in commercial agriculture. It’s often sprayed on crops like soybeans, corn, cotton, and grapes, especially in southern states like South Carolina, where it has long been applied to tobacco and other regional crops.  This herbicide has also been widely used by utility workers, spraying it on power lines, roads, and rights of way to clear vegetation.

The dangers of Paraquat are well-documented. Just a few drops can be lethal if ingested, and even skin exposure or inhalation can result in poisoning, lung scarring, organ failure, and long-term neurological damage. Most concerning is the strong and consistent link between Paraquat exposure and Parkinson’s disease. Studies show that individuals exposed to Paraquat are up to 2.5 times more likely to develop Parkinson’s than non-exposed individuals.  Symptoms of Parkinson’s can include tremors, stiffness, difficulty walking, memory issues, mood changes, and motor dysfunction. Many victims require long-term medical care, and the condition often robs individuals of their independence and quality of life.

The post Paraquat Exposure and Parkinson’s Disease: What You Need to Know appeared first on South Carolina Personal Injury Law Blog.

Symptoms of meningiomas can include persistent headaches, vision problems, memory loss, and severe neurological issues, though typically the growth of these meningiomas is asymptomatic. Nonetheless, if symptoms are present, they can be mistaken for other problems and, as a result, misdiagnosed. Unfortunately, it is not uncommon that a correct diagnosis occurs only after the tumors have grown large enough to affect nearby structures. Many affected women have undergone brain surgery or radiation, and still face ongoing medical challenges like epilepsy, motor disfunction, cognitive impairments, persistent headaches, depression, anxiety, and overall decline in their quality of life and independent functioning.

We believe that Pfizer’s failure to adequately warn consumers about these risks makes them liable for the health complications that are becoming increasingly common in women across the United States. In Europe, similar progestogens have already been restricted or removed from the market.

The post Depo-Provera Brain Tumor Lawsuits: What You Need to Know appeared first on South Carolina Personal Injury Law Blog.

However, there have been a number of problems reported by users of cash app. The first, and easiest to explain, are run of the mill data breaches. As with any web-based application, you have to trust the security of the application, the software that underlays the application, and the integrity of the employees of the company that runs the service. In Block’s case, a former employee with access to customer information in December of 2021 downloaded the personal information of 8.2 million former and current customers of Cash App. This made possible identity theft and other scams.

There has been a great deal of fraud that is perpetrated through Cash App. Things like scammers calling and impersonating Cash App customer service requesting the pin of the user. This gave those scammers access to the Cash App account of individuals such that they could clear out both the Cash App balance, but also the underlying linked bank accounts. Scammers have also been able to use the lack of compliance standards of Cash App to create misleading user names and cash tags. User names like Donald Trump, Jack Dorsey (founder of Block Incorporated), and Elon Musk proliferate on the platform. Their corresponding cash tags are suggestive that they are tied to each of these individuals. Scammers use these cash tags and user names in order to gull unsuspecting users into believing that they are going to receive money from these famous individuals. In the alternative, scammers can use these famous names and cash tags in order to solicit donations for political campaigns and things of that nature that do not exist. Because Cash App does not have buyer insurance, if you spend money through the platform for goods and services that are not then provided, there is no good way for you to recover your money. Cash App’s willingness to refund money stolen through fraud and by other means has been spotty at best. This has led to Class Action Lawsuits in the past. Further scamming is made all the easier by Cash App’s policy of banning only accounts and not individuals. Scammers, when they are caught, can simply switch accounts.

The post The Many Ways Cash App Can Take Your Money appeared first on South Carolina Personal Injury Law Blog.

Having a knowledgeable attorney in the area of large truck accidents makes a big difference in your case. Unfortunately, most large truck accidents result in serious injury or death. Preserving evidence at an early stage is critical to a successful outcome to one’s case. At Knie & Shealy Law Offices, we sent out preservation letters immediately to all potential responsible parties to ensure that critical evidence is saved by those parties. We also hire accident reconstruction experts to interpret the evidence we receive aa well as human factors experts to see if the truck driver was reacting reasonably.

Not only are dash cams present in many large trucks, they are also present on most police cars as well.  There can be valuable information on them because, not only do they record what the scene looks like immediately following the accident, but they also record sound including eyewitness statements.  Of course most police now wear body cams which also record sound as well.  Such evidence is obtainable under a freedom of information request or by subpoena.  the combination of large truck dash cams, police car dash cams, and body cams can create strong evidence to win a case case in court or settle it very favorably.

The post Dash Cam Evidence in Large Truck Accidents appeared first on South Carolina Personal Injury Law Blog.

There have been multiple large verdicts against Johnson & Johnson over the past few years totally billions of dollars, but Johnson & Johnson continues to aggressively fight these cases and appeal all unfavorable verdicts against it.

Johnson & Johnson was also forced to recall a lot of its Baby Powder in 2019 when after the FDA disclosed that a sample had tested positive for asbestos.  Sales have been dropping off since that time with many major retailers pulling the product off their shelves.

Johnson & Johnson’s decision to stop selling this product came months after Bausch Health Cos. announced it would stop selling its talc product Shower to Shower.

With the numerous lawsuits now filed against Johnson & Johnson and many more expecting, there are those who expect that at some point Johnson & Johnson will have to explore settling all the pending lawsuits.

Speak to a Helpful South Carolina Lawyer suing Johnson & Johnson

If you or a loved one has used talc and developed cancer, you need to understand your legal rights. At the Patrick E. Knie Law Offices in Greenville and Spartanburg, we help people who have been victims of injuries or death from using talc seek maximum compensation. For a free consultation, call us now at 864-582-5118

The post New developments in Johnson & Johnson talc based Baby Powder cases appeared first on South Carolina Personal Injury Law Blog.

Facts of the Case

The plaintiff in a recently decided appellate case was the brother and personal representative of the estate of a man who died when his boat capsized in a pond during a work-related accident in 2013. The plaintiff filed a Form 52 notice of a claim for death benefits a few months after the accident that took the worker’s life. A hearing was held, during which the plaintiff sought workers’ compensation benefits on behalf of the deceased worker’s mother, as next of kin under South Carolina Code § 42-9-140(B). Another claimant sought benefits for herself as the deceased worker’s alleged common law wife or, alternatively, as a dependent.

The post Without Evidence of Fornication or Illicit Relationship, South Carolina Woman Who Claimed to Be Deceased Worker’s Common Law Wife Might Qualify for Death Benefits appeared first on South Carolina Personal Injury Law Blog.

Of course, sometimes a worker has not been employed at a particular place long enough for there to be a meaningful accumulation of wage data (in which case a similarly situated worker’s earnings may possibly be used). Other issues can also arise, as was demonstrated in a case in which a worker held two jobs – one paid and one unpaid – and was hurt on the unpaid job.

Facts of the Case

In a recent (unreported) case from the South Carolina Court of Appeals, the plaintiff was a graduate student who worked both as an unpaid intern at a university hospital and as a regular employee at a fast food restaurant. He was hurt during his work as an intern and filed a workers’ compensation claim against the university’s accident fund.

A single commissioner determined that the plaintiff’s average weekly wage should be calculated using his combined wages from his work as an intern and as a fast food worker. The appellate panel of the state workers’ compensation commission affirmed the single commissioner’s decision. The fund appealed.

The Decision of the Appellate Court

The court of appeals reversed and remanded, holding that the single commissioner and the appellate panel had been wrong in their determination of the plaintiff’s average weekly wage. On remand, the commission was instructed to calculate the plaintiff’s average weekly wage in compliance with South Carolina Code § 42-7-65.

The statute referenced by the court generally pertains to the calculation of the average weekly wage in cases involving those in the State and National Guard, as well as voluntary firemen, those in organized volunteer rescue squads, volunteer deputy sheriffs, and volunteer state constables. However, it also includes a small provision for students of state-supported colleges and universities: such individuals’ average weekly wage is to be calculated based on 50% of the average weekly wage in the state for the preceding fiscal year.

Speak to a Knowledgeable South Carolina Workers’ Compensation Attorney

If you have been hurt at work, you should talk to an experienced workers’ compensation lawyer about your case. Deadlines are common in the law when it comes to claims filed by those who are injured at work or due to others’ negligence elsewhere. When proper notice of a work injury is not given, it can be extremely difficult for an injured worker to assert his or her legal rights later on. For an appointment to discuss your case, call the Patrick E. Knie Law Offices at 864-582-5118. We have offices in both Spartanburg and Greenville, and we offer a free, completely confidential case evaluation.

Related Blog Posts

Appellate Court Agrees With Workers’ Compensation Commission That South Carolina Man Was Employee, Not Independent Contractor

Federal Court Certifies Questions of Law to South Carolina Supreme Court in Worker’s Third-Party Negligence Action: What, if Anything, Should the Jury Be Told About Companion Workers’ Compensation Claim?

The post South Carolina Court Rules That Unpaid Student Intern’s Average Weekly Wage Was Calculated Incorrectly by Workers’ Compensation Commission appeared first on South Carolina Personal Injury Law Blog.

This is especially likely in cases involving issues which have not previously been addressed specifically by the state courts.

Facts of the Case

In a recently considered declaratory judgment case, the defendant was a man who, along with his late wife, had been involved in an automobile accident caused by a drunk driver. At the time of the accident, the couple was traveling in a car owned by the late wife’s mother. After the wife passed away from injuries suffered in the accident, the drunk driver’s automobile liability insurance company tendered policy limits to the man as compensation for his personal injuries and his late wife’s injuries and wrongful death. The mother’s uninsured/underinsured motorist carrier also paid policy limits to the man. The man’s own UM/UIM carrier tendered UIM bodily injury limits, but it refused the man’s request for additional funds (to be paid from property damage coverage of the “split limits” policy) for potential punitive damages against the drunk driver.

Instead, the man’s UIM insurance carrier filed a declaratory judgment action in the federal district court for the District of South Carolina, seeking to establish that it was not liable for any additional monies under the property damage provision of the plaintiff’s UIM policy, regardless of whether the man was ultimately awarded punitive damages from the drunk driver. After the parties filed cross motions for summary judgment, the federal district court certified a question of law to the South Carolina Supreme Court.

Decision of the Court

At issue was whether, under South Carolina law, punitive damages were to be apportioned pro rata between bodily injury and property damage coverage when an insured sought coverage under a split limits policy. Although the insurance company argued that state law required such an apportionment, the South Carolina Supreme Court answered the question in the negative.

The court first noted that the South Carolina statutory scheme for UM/UIM coverage was silent on the issue of allocation. According to the court, if the South Carolina General Assembly had intended to require allocation of punitive damages, it could have done so with clear, express language. The court went on to hold that the due process limits of the Constitution did not require a pro rata apportionment of punitive damages in the instant case. With regard to the insurance company’s arguments regarding the contractual language of the UIM policy at issue, the court was of the opinion that this matter was more properly reserved for the federal district court were the insurance company’s lawsuit was pending, rather than the state supreme court. The court also rejected the insurance company’s argument that public policy required a pro rata apportionment, opining that this concern was best addressed by the South Carolina General Assembly.

Speak with an Attorney in Spartanburg or Greenville

If you have questions about a car accident case in South Carolina, call the Patrick E. Knie Law Offices at 864-582-5118 and ask for an appointment. We will be glad to schedule a free consultation for you so that you can learn more about your legal rights.

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After Insurance Company’s Insolvency, the Association Managing Its South Carolina Claims Could Not Offset Amounts Recovered from Other Insurers

Federal Court in South Carolina Rules that Golf Cart Accident Was Not Covered Under Manufactured Home Insurance Policy

The post South Carolina Law Does Not Require Punitive Damages to be Apportioned Pro Rata Between Bodily Injury and Property Damage in Split Limits UIM Policy appeared first on South Carolina Personal Injury Law Blog.