Talc Powder Could Cause Ovarian Cancer | Phoenix Personal Injury Attorney

A recent study has found that women who regularly powdered their genitals with talcum based powder are at a one-third higher risk of ovarian cancer than those who did not. Researchers asked 2,041 women with ovarian cancer and 2,100 similar women without ovarian cancer about their talcum use. The women who said to have applied the powder to their crotch, thighs, sanitary napkins, tampons and underwear were we found to be 33% more likely to develop ovarian cancer.

 

In early May, Johnson and Johnson was ordered to pay $72 million in damages to the family of an Alabama woman; they claimed the company’s talcum powder caused the ovarian cancer which eventually led to her death. Studies have shown links to talc powder and ovarian cancer as early as 1971, when a scientist in Wales discovered particles of talc embedding in ovarian and cervical tumors.

 

Talc is a naturally occurring mineral made of magnesium, silicon and oxygen. Talc power has been mined in close proximity to asbestos, a known carcinogen and many talc manufacturers have taken extra precaution to prevent contamination. Talc has been used with many cosmetics like blush because it is extra absorbent without caking.

 

After the 1971 study, another study performed in 1982 by Dr. Daniel W. Cramer, an obstetrician and gynecologist compared 215 women diagnosed with ovarian cancer in the Boston area and 215 healthy women to serve as a control group. The study found that women who used the powder were at about twice the risk for having ovarian cancer and those who used it regularly on their genitals, sanitary pads and underwear were at roughly three times the risk. Since then, 10 subsequent studies revealed the same results with varying percentages of increased risk.

 

Attorneys have argued that Johnson & Johnson knew of link but neither the company nor federal officials acted to remove the powder or add warning labels. The Food and Drug administration has been petitioned twice, once in 1994 and again in 2008, to add talc warning labels but the agency stated there was “no conclusive evidence” to establish talc powder as the cause for ovarian cancer. However the agency did state that it is plausible that talc “may elicit foreign body-type reaction and inflammatory response that, could progress to epithelial cancers. Talc
suppliers used by Johnson & Johnson added the warning labels to their products in 2006.

 

Today, more than 1,000 women have filed claims against the Johnson & Johnson. If you believe your ovarian cancer was caused by the use of Talc powder, you should contact an experienced Phoenix personal injury attorney. Our case evaluations are always free and you don’t pay us a dime unless we reach a financial settlement or judgement in your case.

 

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Attorney Scott Palumbo Named to Top 100 Arizona Lawyers

Congratulations to Our Founding Attorney

 

Palumbo, Wolfe & Palumbo is proud to announce our founding attorney’s inclusion in AZ Business Magazine’s “Top 100 Arizona Lawyers” list for 2016. This is Attorney Scott I. Palumbo’s second inclusion in AZ Business Magazine’s list, though he has been named to the Top 50 Arizona Super Lawyers® list from 2014-2016 by Super Lawyers®. The National Trial Lawyers Association has also named Attorney Palumbo as one of the “Top 100 Trial Attorneys” in Arizona from 2009-2015.

 

Attorney Scott has established a track record of success in his career and handled numerous multi-million settlements favorably on behalf of injured victims and their families. His respectable legal abilities and high standards of integrity and ethics even earned him prestigious recognition in the form of an AV® peer review rating by Martindale-Hubbell®. We happily congratulate Scott on his recognition in the field of personal injury and look forward to many more years of success.

 

Read more about Attorney Scott I. Palumbo in his attorney profile!

 

Claim Filed On Behalf of Client Who Suffered Amputation

Earlier this year, Palumbo Wolfe & Palumbo, P.C. filed a claim on behalf of a client who suffered a traumatic injury while on premises at Sagewood, an Arizona retirement living community. The claim alleges that the companies that own, manage, maintain and control the premises are liable for the damages suffered by the client and her husband.

On November 19th of 2014, a raised partition fell on Palumbo Wolfe & Palumbo’s client, which caused the traumatic amputation of her leg as well as other serious injuries, which her husband witnessed. The firm is arguing that the defendants should have known that the risk of injury existed, and should have remedied the hazard or warned others of the risk.

The claim seeks to pursue compensation for the following:

  • General damages to plaintiff
  • Medical and related expenses
  • Loss of companionship suffered by the plaintiff’s husband
  • Punitive damages
  • Costs incurred through lawsuit

 

 

Causation & Negligence | Arizona Personal Injury Lawyer

In order to maintain anegligence/tort action in Arizona, an injury victim must establish the four elements of a tort.

Those four elements include:

  • Duty
  • Breach
  • Causation
  • Damages

In other words, the injury victim must prove that the defendant had a duty to the victim, the defendant breached that duty, and the breach of the duty caused damages.

Some previous rulings on causation include:

  • Causation is generally a question of fact for the jury to resolve.
    Fehribach v. Smith , 200 Ariz. 69, 73, ¶ 16, 22 P.3d 508, 512 (App. 2001).
  • Causation does not have to be established with “absolute certainty
    so as to exclude every other conclusion.”
    Morrison v. Acton , 68 Ariz. 27, 33, 198 P.2d 590, 594 (1948).
  • “To be a proximate cause, Defendant’s conduct may have contributed
    only slightly to the injury.”
    Id. (Emphasis added);
    Tellez v. Saban , 188 Ariz. 165, 171, 933 P.2d 1233 (App. 1996);
    Ontiveros v. Borak , 136 Ariz. 500-505, 667 P.2d 200 (1983).
  • The court examines the total evidence regarding causation and determines
    whether there is a genuine controversy for the jury to decide. “A
    party may prove proximate causation by presenting facts from which a causal
    relationship may be inferred, but the party cannot leave causation to
    the jury’s speculation.”
  • Salica v. Tucson Heart Hospital-Carondelet , 224 Ariz. 414, 419, ¶ 16, 231 P.3d 946, 951 (App. 2010).

 

 

Palumbo Wolfe & Palumbo named to Super Lawyers 2015

The partners at Palumbo Wolfe & Palumbo were named to the 2015 list of Super Lawyers. Attorney Scott I. Palumbo was recognized as a “Top

50” lawyer for Arizona. Read our press release to learn more: http://www.prlog.org/12450245-palumbo-wolfe-palumbo-named-to-super-lawyers-for-2015.html.

Scott Palumbo Included in list of Top 100 Lawyers in AZ

Attorney Scott Palumbo has been included in Arizona Business Magazine’s Top 100 Lawyers. This year, the magazine changed the format in which they list attorneys – instead of a top 25 in each practice area they did one list for all attorneys. This honor is an amazing accomplishment! To get more information on what this means for Attorney Scott Palumbo, check out our press release:
http://www.prlog.org/12440277-scott-palumbo-named-to-top-100-lawyers-in-arizona.html

Alleged Medical Negligence Leaves Man Dead

A gentleman died during a cardiac catheterization procedure after being treated for chest pains. Now, a lawsuit has been filed against his medical providers for negligence.

On July 27, 2011, the Arizona father of two children began feeling pain in his chest that radiated down his arm, so he went to the hospital where he was evaluated by an emergency department physician. A decision was made to take the man to the cardiac catheterization laboratory for further treatment.

At the lab, a blockage in the man’s left anterior descending artery was identified so the doctor performed a percutaneous transluminal coronary angioplasty with placement of 3 stents to open the blockage. Following the procedure, the patient continued to experience shoulder pain, chest discomfort, and anxiety. The decision was made to return the patient to the catheterization lab.

During the second cardiac catheterization procedure on July 29, 2011, the doctor inserted a guidewire through the patient’s right femoral artery with intent to place the guidewire in a diagonal branch of the patient’s left anterior descending artery, which had become blocked by one of the stents placed two days earlier. Although the stent blocked the guidewire from entering the diagonal branch, the doctor continued to try to force the guidewire into the diagonal. This resulted in the guidewire perforating the left anterior descending artery. The perforation was subsequently
closed but was reopened when the doctor chose to completely remove the guidewire from the artery. Subsequent efforts to close the perforation failed and the patient died on the table. The plaintiffs, which include the man’s wife and two children, have brought a wrongful death medical malpractice action under A.R.S. §12-612, claiming that the medical team caused their husband’s and father’s death when they failed to provide appropriate and reasonable care in the cardiac catheterization lab.

 

Injured? Get an Experienced Team of Medical Malpractice Lawyers on Your Side

If you are believe that you or a loved one was injured or killed by medical malpractice, you should contact an experienced Phoenix medical malpractice attorney immediately to protect your rights.



 

Scott Palumbo Initiates Medical Malpractice Suit | Phoenix Lawyer

On April 8, 2014, Phoenix Personal Injury Attorney Scott I. Palumbo of the Phoenix, Arizona, law firm of Palumbo Wolfe & Palumbo, P.C., filed a lawsuit against several medical professionals and their medical groups on behalf of a client who became blind after seeking medical care from the healthcare providers. The lawsuit ( Proctor v. Banner Health, et al., Maricopa County Case No. CV2014 006570) was filed in the Superior Court of Arizona, Maricopa County. The legal complaint alleges that the defendants (several physicians, nurses and medical groups) acted negligently by failing to properly examine, diagnose and treat her symptoms, which has resulted in a lifelong disability that has caused physical, emotional and financial damages.

 

According to the complaint, the medical providers that are named in the medical malpractice case are accused of providing the patient with substandard medical care. The complaint alleges that on April 30, 2012, the patient went to Banner Health’s Banner Del E. Webb Medical Center because she was suffering severe headache, lightheadedness, nausea, vomiting, photophobia and visual
floaters. She received a diagnosis of aseptic meningitis and was discharged on May 3, 2012 without her ophthalmological symptoms being addressed.

 

The very next day, on May 4, the patient went to Banner Health’s Thunderbird Medical Center with complaints of bilateral loss of vision, pain in the back of her neck and head and nausea. She was discharged from this facility on May 7 without her ophthalmological complaints being addressed.

 

The patient alleges that her nurses and doctors were negligent because they:

  • Failed to perform an adequate physical examination of the patient
  • Failed to collaborate with each other before her discharge
  • Failed to independently evaluate her condition and properly consider
    alternative causes for her symptoms (which were inconsistent with the
    diagnosis she was given)
  • Failed to consider idiopathic intracranial hypertension (which
    would have been consistent with her symptoms of headaches, loss of vision,
    improper eye movement, etc.)
  • Failed to consider the option of performing a lumbar puncture
    for the purpose of evaluating intracranial pressure
  • Failed to set up an ophthalmological or neuro-ophthalmological
    consultation
  • Failed to transfer the patient to a facility that offered inpatient
    ophthalmological services

 

The 36 year-old mother of a small child alleges that the negligent care she received caused her to suffer from irreversible optic nerve damage, which has left her blind and without a sense of smell. The plaintiff is claiming both general damages and special damages. At Palumbo Wolfe & Palumbo, we are committed to helping the wrongfully injured secure full and fair compensation after they are hurt by the negligence of others. Our personal injury law firm has highly experienced legal professionals who been repeatedly ranked as top attorneys.
Contact us if you need a strong litigator for your personal injury case!

Case #CV2014 006570 Proctor v. Banner Health, et al., Superior Court of Arizona, Maricopa County. Filed 04-08-14.

 

Failure to Diagnose

When you go to a doctor seeking medical attention, it is reasonable for you to expect that your doctor will be able to properly diagnose any existing condition or illness and recommend treatment to help you remedy the problem. Being diagnosed with a serious medical condition such as cancer, heart problems or a life-threatening infection can dramatically effect a person’s
life, family and future. The one advantage of being properly diagnosed with this type of medical condition is that you will be given the opportunity to undergo treatment so as to remedy the situation and get on with living your life. Any failure to diagnose an existing medical condition or illness could cause further complications and may leave you unable to take advantage
of treatments that earlier may have helped save your life. Even in terminal cases, an early diagnosis may be able all that is needed to help make a person’s life more manageable and improve his or her quality of life.

 

If your health or the health of a loved one has suffered as a result of a doctor’s failure to diagnose, hiring a Phoenix personal injury attorney at Palumbo Wolfe & Palumbo can have an immeasurable impact on the final outcome of your case. Our attorneys have more than 150 years combined legal experience and US News & World Report has ranked our firm as one of the best plaintiff specialty law firms. The millions of dollars we have been able to recover in settlements and verdicts on behalf of our clients has earned us membership into the prestigious Multi-Million Dollar Advocates Forum®. If you feel your existing medical condition was precipitated by your doctor’s fail to diagnose, you may have grounds to file a lawsuit or claim for medical malpractice. Medical professionals who exhibit incompetence, negligence or neglect when properly diagnosing a patient’s physical health, need to be held liable for their actions or failure to act. Our attorneys do not believe that a person should have to suffer at the hands of a medical professional who was entrusted with his or her care. Contact our firm today to find out how we can help you seek the justice and compensation you deserve.

 

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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