$15 Million Award in Mesothelioma Case About Baby Powder

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A Springfield, Massachusetts resident, Evan Plotkin, was awarded a $15 million jury verdict in October after a trial covering his allegations Johnson & Johnson baby powder caused his mesothelioma.

Plotkin was diagnosed with the asbestos-caused cancer five years ago. Plotkin will likely die of the disease, but he scored a win against the company, reports WGGB. A federal jury in Bridgeport, Connecticut, rendered the decision.

Plotkin’s attorney told the press that Johnson & Johnson knew its talcum powder was contaminated with asbestos decades ago but didn’t warn the public or take steps to make the product safer. The plaintiff and his family testified under oath that he used the company’s products for decades, starting in his youth and as an adult.

Plotkin initially sought a $30 million award. He may receive additional money (up to another $30 million) as Plotkin could receive punitive damages at a future date. Johnson & Johnson told the TV station they would appeal the decision. They claim the judge prevented them from using evidence showing the company’s baby powder didn’t cause Plotkin’s disease.

Take Action Now — Contact Our Firm

If you develop mesothelioma or another cancer after using cosmetic talcum powder, you and your family may be entitled to compensation for the harm you suffer. Satterley & Kelley, PLLC can be your boots on the ground, seeking maximum compensation for what you’ve been through.

Call our Louisville office toll-free at 855-385-9532 or complete our contact form for a free initial consultation concerning your case.

Pennsylvania Mesothelioma Case Ends With $3.8 Million Verdict

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An Altoona couple was awarded $3.8 million after a jury decided the husband’s former employer failed to protect employees from asbestos. Harry and Rae Chirdon’s verdict included $2.3 million for compensatory damages and $1.5 million for punitive damages from Foster Wheeler Corp.

For several decades, Harry Chirdon worked as a boilermaker. He was employed by Foster Wheeler for about 10 weeks during that time. The company provides engineering services, manufactures, and services boilers, according to the Altoona Mirror. Their employees worked at locations where asbestos was used.

After a trial that nearly lasted a week, the Allegheny County Court of Common Pleas jury held Foster Wheeler 100% responsible for Chirdon’s mesothelioma. His attorneys claimed Foster Wheeler failed to follow federal safety regulations and neglected its obligation to ensure that proper safety precautions were followed.

Call Us Today For A Free Consultation

If you or a loved one worked as a boilermaker and have an asbestos-related disease, contact Satterley & Kelley, PLLC. Our lawyers can answer your questions, tell you about your rights to compensation, and discuss how you should proceed. Call our Louisville office toll-free at 855-385-9532. You can also schedule a free initial consultation by filling out our contact form.

Police Accident Reports Set the Tone for Your Car Accident Case

Are My Vehicle Accident Injuries Caused by a Software Bug?

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It’s not just you controlling your vehicle anymore. Onboard computers and the software they run on impact practically every aspect of the driving experience in the latest cars. There are costs and benefits to this reliance on high tech, and one of those costs is accidents caused by software meant to keep the vehicle running economically, safely, and smoothly.

If you’re injured in a car accident after taking care of your health, talk to Satterley & Kelley, PLLC. We can investigate the cause of your crash and help you make the responsible parties accountable for their acts. Schedule a free initial consultation by calling our Louisville office at 855-385-9532.

Your Next Car May Be a Software-Defined Vehicle

The phrase “software-defined vehicle” attempts to distinguish between a traditional car enhanced by technology and one that’s run by it, reports Manufacturing.net. Over time, vehicles have added video touch screens and computers to improve gas mileage and emissions. But generally, that tech stays as is after you buy the car.

Features of future vehicles may improve and evolve as onboard software updates. It’s become about as easy to update your car’s software as it is to update your laptop or smartphone. Automakers use cellular connections and high-speed Wi-Fi to do the job. Instead of going to a dealer in response to a recall due to an equipment failure, your software may be updated without you knowing it.

Some of what manufacturers are doing include:

  • Adding software-based features like improved touchscreen interfaces, added features like video games, and improved vehicle performance
  • Software bugs can be fixed remotely
  • Facial recognition and fingerprint scanning make starting a vehicle almost as easy as entering and sitting in the driver’s seat. There is no need for a fob or a key (but one’s needed to set up the system) if all the vehicle needs to do is scan your face as your smartphone does. This not only makes driving easier it may make the car more difficult to steal

Software enhances a vehicle’s ability to do more of the driving. Ford sold pickups and Mustang Mach-Es with the hardware needed for its BlueCruise hands-free driving system, but it added the software later after customers bought them.

Maintenance is also being impacted. Instead of using a device to physically plug into your vehicle’s computer to diagnose problems, that information’s being transmitted to the manufacturer, which warns you of the problem. The system can also remind you when your vehicle needs maintenance.

Software Can Be Your Vehicle’s Electronic Achilles Heel

As software controls more of your vehicle, its problems pose greater threats. Cars that appear to drive themselves are driven by computers, sensors, cameras, and software. In many instances, self-driving vehicles made mistakes that caused injuries and deaths. But software need not be totally in control to cause severe problems for drivers, passengers, and others around them.

Computers can run the vehicle’s climate control. It may open or shut vents and switch from turning on the heater to the air conditioning. That won’t impact a car’s safety until it stops working and drivers become distracted by adjusting temperature controls they thought would work by themselves. Other distractions can be glitchy screens and controls.

More serious are problems with driver assist features, like emergency braking or speed controls, which are supposed to keep you a safe distance from the vehicle in front of you. If you’re too reliant on them and they fail, you could rear-end the car in front of you. One recall involving Ram pickups involved a braking system that worked but not as well as it should due to software problems.

As with other devices that are remotely updated, vehicle computers can be hacked with malicious software. Your vehicle may malfunction or not work at all. It may also be used to spy on you, allowing someone to track where you are and record what you say.

In 2015, a Jeep Cherokee was remotely hacked as part of a Wired article. Hackers using the internet gained control of the vehicle’s windshield wipers, climate control, and radio from ten miles away. They also projected a picture of themselves on the Jeep’s digital display.

How This May Impact Your Claim for Compensation

Drivers are responsible for their vehicles. If they’re not reasonably safe, they shouldn’t be driven. If your vehicle’s buggy software causes a crash with another car, the injured party may sue you, but your vehicle insurance’s liability coverage should address the problem.

If you’re injured, you may bring a claim against the dealer selling you the defective vehicle and its manufacturer. If the software was developed by a contractor, they might also be sued.

If you’re the one struck and injured by a vehicle due to its defective software, the other driver, the vehicle’s manufacturer, the dealer selling the vehicle, and the software supplier might all be subject to a lawsuit.

Speak To A Louisville Car Accident Attorney Near You

Satterley & Kelley, PLLC attorneys are your boots on the ground if you’re injured in a severe accident in Kentucky. Call us to speak with a skilled personal injury lawyer today. Call our Louisville office toll-free at 855-385-9532 or complete our online contact form to get started.

Uber, Vehicle Accidents, and Fine Print: Can You Sue Uber?

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If you’re a passenger in an Uber vehicle involved in an accident, your ability to sue them may depend on whether you signed an arbitration agreement. These contractual clauses are used by almost every industry that sells you something, so you’ll be unable to use the court system to address your legal claims. The Uber accident attorneys at Satterley & Kelley, PLLC represent parties injured in accidents in litigation and arbitration.

What is a Mandatory Arbitration Clause?

When you downloaded the Uber app, you agreed to the terms and conditions of use just like 99% of their customers do – without reading them. If you did, you’d find a section stating you’ve waived your right to file legal claims against them in court. They would be resolved through arbitration. This contractual language is a mandatory arbitration clause because you can’t negotiate different contract wording, and you may be forced to use arbitration for your claims.

Arbitration is an alternative dispute resolution method. If parties can’t settle, the case would be decided in a private office building in a large conference room instead of a trial in front of a judge in a courtroom. There wouldn’t be a judge or jury. Instead, an arbitrator, or a panel of arbitrators, would decide the case. Arbitrators could be attorneys, retired attorneys, or retired judges or attorneys.

The process is governed by rules the parties agree upon. They will probably be simpler than those that apply in a courtroom, and the proceedings aren’t open to the public. Unless an arbitrator makes severe, fundamental mistakes of law, their decision can’t be appealed to the court system.

Arbitration can be biased towards defendants. Defendants will be more likely to hire arbitrators with a pattern of decisions favoring them (though both sides have a say in who serves). Juries may also be more likely to be influenced by the emotions of a personal injury case than a legal professional who’s seen hundreds, if not thousands, of such cases.

Should a car accident victim prefer to go to court? Yes, but there are no guarantees, and plaintiffs can have successful arbitration cases. It’s a less-than-ideal situation (though there are drawbacks to litigating a case, too).

New Jersey Couple’s Opportunity to Take Case to Court Ended by Pizza Delivery

State and federal laws cover arbitration issues. A New Jersey couple was in an Uber when their driver struck another vehicle, reports the New York Times. Georgia and John McGinty were severely injured, and they suffer chronic pain as a result.

Two months before the accident, the McGinty’s 12-year-old daughter asked if she could get a pizza delivered by Uber Eats. The facts are disputed, but the company claims that during this order, their mandatory arbitration agreement bound the entire family to have any legal claims against them resolved through mandatory mediation. They asked the trial court to dismiss the case.

The trial court judge disagreed with the company, stating that the language didn’t sufficiently describe the differences between the legal and arbitration processes, so it was not binding on the McGintys. Uber appealed, and a September Superior Court of New Jersey appellate division panel decision reversed that ruling.

The appeals court ruled:

  • The arbitration provision need not have such explicit language
  • Mrs. McGinty previously agreed to mandatory arbitration
  • She gave her daughter the authority to sign the agreement in question when she gave her phone to her

The court decided that any claims against Uber had to go through arbitration. The family states they’ll appeal the decision.

Each state’s arbitration laws and how they are interpreted are unique. We don’t know how the McGintys’ case would’ve been decided in a Kentucky court. Whether such a provision is enforceable depends on the case’s facts and applicable law. If there is such an agreement in your situation, the law favors their use, but there’s no guarantee they’ll block your day in court.

Discuss How You Can Obtain Fair Compensation for Your Injuries by Contacting Satterley & Kelley, PLLC

A mandatory arbitration clause may keep you out of court if you’re a passenger in an Uber vehicle involved in an accident. However, you can still seek compensation for your injuries. Contact our skilled Uber accident lawyers for a free consultation. We will fight to ensure you receive the compensation you deserve. Call us at 855-385-9532 or contact us online.