August 12, 2011

Telephone Company Employee Dies From Exposure to Dioxin In Chemically Treated Wooden Telephone Poles

Dioxins are environmental pollutants and are of concern because of their highly toxic potential. Statistics have shown they affect a number of organs and systems. After entering the body, dioxins endure a long time because of their chemical stability and their ability to be absorbed by fat tissue, where they are then stored in the body. The estimation of their half-life in the body is seven to eleven years.

The victim in this toxic chemical litigation case was a 44 year old husband and father of two young daughters when he was first diagnosed with liposarcoma, a soft tissue sarcoma. He had no significant history of cancer in his family, no history of exposure to carcinogens, no genetic defects, and no history of abuse of recreational chemicals that would lead to this condition. He did not do mechanical work or wash parts in gasoline, he was not an amateur painter, he did not engage in gardening or work with any pesticides. There is, however, a history of prolonged exposure to pentachlorophenol which was used to treat wood utility poles for many years. He did have exposure to wood utility poles for a period of approximately 20 years while working as a linesman for the telephone company. He did have exposure to the dioxins commonly found in pentachlorophenol which is a known carcinogen. There is undisputed, if not overwhelming evidence, that such direct exposure has caused liposarcoma in other human beings.

This victim, as most linesmen do, worked in jeans and a shirt, without protection from direct contact with the poles. The continuous out-gassing of pentachlorophenol that is common when the wood poles are dip treated, provided a fresh source of dioxin exposure to his bare arms, chest and face as he climbed the poles in hot, humid weather. Dermal absorption is usually the main route of exposure in these cases. The victim often had irritated skin with blister like presentations that oozed on the back of his neck and back. He had an acne-like condition. This was no doubt chloracne, a telltale sign of dioxin exposure which is well confirmed in the scientific literature. He was experiencing heavy night sweats, which is another indication of toxin exposure, as well as fatigue and headaches and in increase in frequency of urination.

One day the victim found a lump in his right lower abdominal area and he and his wife went immediately to the emergency room to have it checked out. He was admitted and the next day an ultrasound was performed and he was brought into surgery. When the surgeon came out of the operating room, he informed the wife that her husband had cancer, metastatic liposarcoma, Stage III. His liposarcoma was categorized as a very aggressive high grade metastatic liposarcoma. The doctors informed the victim’s wife that this was a very rare form of cancer. At the time he also had pleural effusion and was told to go home and return the following day for a chest x-ray. After the chest x-ray, they received a call from the doctor to inform them that he also had a tumor in his left chest wall.

The victim was referred to a thoracic surgeon who decided that the tumor was too large to remove and they were then referred to an oncologist for chemotherapy. Chemotherapy was administered for six months, five days per month. Of course, he experienced all of the side effects of chemotherapy, such as hair loss, mouth sores, vomiting, etc. When he completed his chemotherapy, he underwent surgery for the removal of the tumor. The surgery lasted for nine hours and along with the tumor, a portion of his lung and diaphragm were removed. He was hospitalized for approximately 20 days. He returned home and was attempting to recovery from the surgery. Approximately two months later, the victim’s wife was rubbing his back when she felt a knot on his incision. He went to the thoracic surgeon the next day for a needle biopsy which revealed that the knot was indeed another tumor.

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October 16, 2009

SHW Now Handling Additional Areas of Mass Tort Litigation

Due to the numerous requests from potential clients, the law firm of Schuler, Halvorson, Weisser & Zoeller, P.A. will now be handling additional areas of mass tort litigation. For several decades, our attorneys have handled such complex issues as:

• Breast Implant Litigation
• Vioxx Litigation
• Medical Devices Litigation (i.e., Pacemaker/Wire Lead, etc.)
• Dioxin/2,4-D/2,4,5-T (Agent Orange)
• Knee Prosthesis Litigation
• Fen-Phen Litigation
• Tobacco Litigation

The additional areas that will be added will be as follows:

• Fentanyl Pain Patch Litigation – An extremely strong opioid pain medication which is 100 times stronger than morphine. There have been numerous reports of overdose with this strong narcotic pain killer. Some of the signs of overdosing include: trouble breathing, dizziness or weakness, lightheadedness, fatigue, seizures, confusion and loss of consciousness.

• ReglanTardive Dyskinesia Litigation – Prescribed for gastroesophageal reflux disease (GERD), this drug has never been approved by the FDA for use on a long term basis (more than 12 weeks). Current studies indicate that many patients have experienced tardive dyskinesia which includes symptoms of repetitive, involuntary movements of their arms and legs, lip smacking and other mouth and lip movements, rapid blinking, or diminished movement of their fingers.

• Yaz/Yasmin Litigation – An oral contraceptive that has become a top-selling brand manufactured by Bayer. This drug has been linked to reports of deep vein thrombosis, hypertension, pulmonary embolism, myocardial infarction, heart attack, stroke and even death.

• Suzuki GSX-R1000 Motorcycle Litigation – Suzuki issued a voluntary recall for all of its model year 2005 and 2006 Suzuki GSX-R1000 motorycles, due to the potential for serious injury or death. Suzuki stated that an extraordinary safety defect in these models had been causing breakage and cracking in the front wheel/for assembly and behind and below the steering neck of the motorcycle.

• Rhino All Terrain Vehicle Litigation – This is a utility all terrain vehicle manufactured by Yamaha. Because of its high center of gravity, narrow wheelbase and tires too small for a vehicle of its size, it is prone to rollovers. It has caused extensive injuries and even fatalities due to its unstable design and tendency to rollover while turning.

If you or a loved one have been injured by any of the above listed products, please contact the firm of Schuler, Halvorson and Weisser, P.A. to schedule a consultation with one of our experienced and dedicated attorneys. Of course, there will be no charge to you unless a recovery is made on your behalf.

September 9, 2009

Exposure to Harsh Chemicals Proves Deadly to One Husband and Father

A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff's injury or disease.

Our victim in this toxic tort case is a devoted husband and loving father who really enjoyed working in his garden. He never imagined that spraying his canal bank, hibiscus hedges and other areas of trees, plants, shrubs and foliage would ultimately cause his death. Unfortunately, he was spraying chemical products containing the phenoxy herbicides 2,4-D, Silvex and 2,4,5-T for approximately 15 continuous years. Even though he was using these chemicals for their intended purpose and followed the directions for distribution, and even though he wore protective clothing while distributing these chemicals, he was consistently exposed to these chemicals and this exposure precipitated the condition of lymphoma, a form of cancer, and related blood disorders. His physician has indicated that the mortality rate for someone with this diagnosis is between five (5) to seven (7) years.

This victim contacted Attorney Richard D. Schuler to represent him in this case because he knew that Mr. Schuler had extensive experience in handling these toxic tort cases. Mr. Schuler sued the manufacturers and distributors of these chemicals on behalf of the victim for, among other things, the failure to properly inspect, market and distribute these chemicals and failing to warn of the toxic nature of these chemicals and the fact that exposure to them can and will cause cancer or terminal disease.

After being diagnosed with lymphoma, this victim’s life changed in almost every aspect. His condition has impacted his emotional life most severely. There is no cure for his condition, there is no guarantee that any attempt he makes to affect his condition will work, and the circumstances can change at any time. The future appears as a big question mark.

A vital factor in all this is that this victim is now faced with the possibility of not being able to provide for his family’s future. The thought that upon his death his loved ones will lose what he has worked so hard to provide them has been very debilitating for him.

Mr. Schuler was successful in settling this case without the necessity of a trial for hundreds of thousands of dollars. This victim will now be able to obtain the treatment he so vitally needs and no longer will have to worry about the future well-being of his family.