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New Mexico Personal Injury Blog

Bayer facing growing number of product liability cases

The controversy surrounding Roundup weed killer continues to be a top item in the news in New Mexico. Bayer, the company that developed Roundup, has said in the past that it would vigorously defend itself against the numerous lawsuits claiming product liability that have been brought against it. The suits claimed that the use of Roundup caused cancer in many of its users. Bayer has maintained that its product is safe.

Recent developments might indicate that Bayer is having a change of heart and is working toward a settlement. The company has hired an external lawyer to advise the litigation team, and this is seen as a positive sign. The attorney worked on a similar case for a pharmaceutical company that resulted in a settlement for the plaintiffs.

Contaminated flour could result in product liability claim

Flour is a staple in most kitchens in New Mexico and elsewhere throughout the country. It is used in everything from breads to cakes to sauces and many tasty items in between. And now it may be making people sick and could result in product liability claims. Pillsbury Best brand flour has been added to a list of brands that have recently been recalled because of mounting cases of E. coli bacteria-related illnesses. In addition to Pillsbury Best, King Arthur announced recalls of certain bags of its unbleached All-Purpose flour and Aldi also issued a recall for Baker's Corner All-Purpose Flour.

The Centers for Disease Control and Prevention has reported that there have been 17 illnesses reported that are believed to have been caused by exposure to E. coli found in the recalled flour. Three of those people were hospitalized. The bags of flour that are believed to be affected bear the UPC code 051500200315. They also have a use by date of June 8 or June 9, 2020.

Possible electric car failure results in products liability case

Elon Musk and his Tesla Motor Company have had more than their share of issues in recent years. A products liability case has recently been brought against the company. The case may have implications for the future of the Model 3 electric sedan in New Mexico and elsewhere around the country.

A person in another state was driving his Tesla 3 the day after he had purchased it. He was driving at low speed in rush hour traffic and went to change lanes. Something popped, the brakes engaged on the car and the steering wheel locked. The front passenger-side wheel then came off the car and caused the vehicle to skid onto a sidewalk and hit a tree.

Product liability suits continue against Monsanto

As spring moves into summer people in New Mexico are planting their gardens and beginning the annual fight against weeds that threaten the beauty and health of those gardens. One of the most popular products in the country for controling weeds is a product called Roundup that contains an ingredient called glyphosate that many believe causes cancer. Monsanto, the parent company, claims its product is safe and that Monsanto bears no product liability responsibility. A number of lawsuits that have been decided against the company.

In the most recent case, a couple sued Monsanto after they were both diagnosed with non-Hodgkin's lymphoma. The couple owned multiple properties and had used Roundup as part of their landscape maintenance routine for several years. They had no reason to believe it might be harming their health as there was no carcinogenic warning on the product label.

Truck accidents continue to plague New Mexico roadways

Trucks are a vital component of the American way of life. They transport everything from building supplies and food to gasoline to power the trucks and cars in New Mexico and elsewhere. Truckers have schedules to keep, and their efforts to meet those schedules may contribute to the possibility of truck accidents.

A serious crash recently occurred on Highway 82 near a tunnel. The speed of traffic occasionally slows when approaching a tunnel, though it is not yet known if speed was a contributing factor in this particualr accident. According to reports, the truck became disconnected from the tractor-trailer that it was towing and became engulfed in flames. At least one person died as a result of the accident and multiple vehicles were involved.

Product liability as it relates to Roundup and cancer in humans

Spring has sprung and with it the beginning of the lawn and garden season. In New Mexico, as elsewhere around the country, people strive for weed-free landscapes. One tool used to achieve that goal is the weed-killing product Roundup that was developed by Monsanto, which is now owned by Bayer. Roundup has been the subject of multiple product liability claims related to cancer.

The active ingredient in Roundup is glyphosate, which the Environmental Protection Agency has stated is probably not carcinogenic. That assertion has been challenged by the World Health Organization's International Agency for Research on Cancer. They classify glyphosate as probably being a cancer-causing substance to humans. This is supported by other recent scientific studies showing a connection between glyphosate and cancer in humans.

You may be able to seek compensation for your cancer

If you are an agricultural worker, you probably work long, hard hours in extreme heat. And while you must be healthy and strong to complete difficult manual labor tasks, the chemicals you use regularly could lead to your demise.

You likely use Roundup, the main active ingredient in which is glyphosate. The Environmental Protection Agency (EPA) believes that glyphosate is unlikely to cause cancer in humans. However, the World Health Organization (WHO) considers it to be a probable carcinogen. But how would you know whether Roundup might be affecting your health?

Truck accidents can scar a family

Tractor-trailer trucks are used to move goods on the nation's roadways. With a healthy economy and consumers willing to buy the goods the trucks are delivering, there is an increase in truck traffic on highways and two lane roads. In New Mexico and across the country, this creates an increased risk that serious truck accidents may occur.

A recent head-on crash between two trucks that also involved a pickup truck resulted in the loss of four lives. One truck was heading east on Interstate 10 when, for an unknown reason, it crossed the center line and crashed head-on into a westbound truck. A pickup that had also been heading west also became involved in the crash.

Mother claims incarcerated son victim of medical malpractice

Those convicted of a crime in New Mexico are sometimes sentenced to prison. Just because they lose their right to freedom does not mean they should lose their access to good health care. A failure to deliver acceptable health care is at the root of a medical malpractice case against the Central New Mexico Correctional Facility.

An inmate at the facility suffered from depression and other mental health issues. He had been prescribed medications as a young man to help him deal with his depression. While he was in jail, the medical staff changed his medications and prescribed medicines to treat anxiety, seizures, insomnia and other physical and mental issues.

Pharmaceutical companies involved in products liability case

People in New Mexico rely on their physicians to prescribe safe medication that will help heal an injury or illness. Many treatments include the treatment of pain. Opioid medications, such as Oxycontin, have been used in the treatment of pain since it was introduced in the 1990s. It is believed by some to be a contributing cause to the ongoing opioid addiction crisis that has taken thousands of lives. The first major products liability trial based on claims of responsibility for the opioid crisis is scheduled to begin soon in another state.

The trial involves three major pharmaceutical companies and their subsidiaries. Purdue is one of the major companies involved. The companies recently moved to have the trial delayed, claiming that the state was not turning over materials to the plaintiffs in a timely manner. The judge denied the request for a delay because the two sides reportedly agreed to turn over materials in an ongoing manner as preparation continued and the attorneys for the state acknowledged that this is happening.

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