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135 S. LaSalle St., Ste. 2200 Chicago, IL 60603
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312-663-7016 | www.shannonlawgroup.com Text: 312-847-2428 AUGUST 2020
UNDERSTANDING THE VACCINE INJURY COMPENSATION PROGRAM
Jonathan Svitak, our managing vaccine injury lawyer, wrote a book to educate folks on this unique federal program. “Vaccine Injuries: Understanding the Vaccine Injury Compensation Program” will be published in the next month. If you’d like a copy, text me at 312- 847-2428 with your mailing address to be added to the waitlist.
Here are some topics Jon dives into in his upcoming book.
What is the Vaccine Injury Compensation Program? The National Vaccine Injury Compensation Program (VICP) is a no-fault system that provides compensation to people injured by vaccines. Prior to 1986, injured people were required to go to state and federal courts to seek compensation from vaccine manufacturers. Today, if you suffer a vaccine injury, you must pursue compensation through the VICP before suing the vaccine manufacturer. The VICP receives money for compensation from a trust fund that started with vaccinations administered after Oct. 1, 1988. The fund receives $0.75 for every dose of a vaccine administered. It costs you nothing to hire an attorney. The government pays for your attorneys’ fees and expenses. We petition the government for our fees and costs at the end of the case. Who can file a claim with the VICP? The VICP maintains a list of “covered vaccines.” The program recognizes that these covered vaccines cause specific injuries, illnesses, and conditions. In order to file a claim with the VICP, for the most part, you must have received one of those covered vaccines.
As countries throughout the world scramble to develop the vaccine that will tame COVID-19, there are numerous issues that will arise. One big question looms: Will people be compensated for side effects suffered from the vaccine? Our vaccine injury team represents people who have been injured due to a vaccine. Most people we speak with had no idea that the National Vaccine Injury Compensation Program existed before they were injured. They found us when they started researching online. Even then, callers who have done their research still have very little information about how the program works and the steps they must take to receive compensation for these injuries.
If you’d like to be one of the first to receive Jon’s book, text me at 312-847-2428.
We will keep you updated on COVID-19 vaccines in the upcoming months.
– Joseph Shannon
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WHERE WAS I EXPOSED TO ASBESTOS? The only known cause of mesothelioma, a serious and aggressive form of cancer, is asbestos exposure. Mesothelioma has a latency period. The average length of time between asbestos exposure and the development of mesothelioma is 40 years.
Health, about 25% of people who die from asbestos-related diseases worked in the construction industry.
Veterans — Military Veterans who served between 1930 and 1980 have the highest risk for developing mesothelioma. During that time period, many veterans were exposed to asbestos while working in all branches of the U.S. military. Auto mechanics — Car parts, such as brake pads, hoodliners, and clutches contain asbestos to this day. Many auto mechanics are exposed to asbestos when installing these parts. One of the first mesothelioma clients we represented was an auto mechanic who was exposed to asbestos over his 50-year career working on municipal vehicles like firetrucks and police cars. Industrial workers — For decades, workers in several trades were exposed to asbestos, including mechanics, foremen, trade laborers, chemical workers, and machinery operators. Power plant workers — Many power plants used asbestos products like fireproofing spray and pipe insulation, which exposed workers to the toxic mineral. This list is only a sample of the many careers and occupations that involved exposure to dangerous amounts of asbestos over the years. Asbestos exposure in the workplace is still an issue today, as many buildings and homes contain the toxic mineral. Want to learn more? Text me at 312-847-2428, and I will send you a copy of our book “Meso Killers,” which breaks down of the history of asbestos exposure and litigation in the United States.
Most people with mesothelioma were exposed on the job. According to OSHA, there is no “safe” level of asbestos exposure for any type of asbestos fiber. Asbestos is a mineral that naturally resists heat, flame, electricity, and corrosion. During the Industrial Revolution through the 1970s, it was the popular choice for a number of industries.
Asbestos in the workplace
When asbestos was used ubiquitously, millions of hardworking Americans were exposed to the deadly mineral every day. And their families were also exposed when they came home with asbestos on their clothes.
Here are the industries and occupations that had the most exposure to asbestos:
Mining — For decades, American workers mined asbestos ore out of hills and mountains. Workers were also exposed to asbestos while mining talc. Construction — Several construction materials contained asbestos until the 1980s. The construction industry alone accounted for 70%–80% of asbestos use in the United States. According to the National Institute for Occupational Safety and
– Joseph Shannon
BAYER MAKES GLOBAL SETTLEMENT OFFER TO ROUNDUP PLAINTIFFS
In 2015, the International Agency for Research on Cancer (IARC) released findings that showed glyphosate was carcinogenic in humans. Glyphosate is the active ingredient in Monsanto’s Roundup herbicidal weed killer product.
However, to Bayer, who bought Monsanto for $66 billion, it represents a drop in the bucket — a nuisance fee.
For decades, and to this day, even with all of the evidence of Roundup’s carcinogenicity, Monsanto sold poison to commercial and private users. The company knew that exposure to this product significantly increased users’ likelihood of being diagnosed with cancer, and they did nothing — worse than nothing. The company engaged in a scam that lasted for years, paying for studies to say that glyphosate is safe and asking clinical physicians to alter studies that didn’t toe the company line on glyphosate’s safety.
Specifically, clinical studies suggest that glyphosate compounds cause more than a dozen subtypes of non-Hodgkin’s lymphoma (NHL). Since the IARC findings were released, more than 100,000 patients diagnosed with NHL have filed lawsuits against Monsanto. Over the past few years, three juries in California have listened to the evidence. They all determined that Monsanto’s Roundup weed killer product caused or contributed to the plaintiffs’ cancer in each of those cases. Moreover, they have listened to evidence demonstrating Monsanto’s decades-long scheme of misinformation and attempts to alter scientific studies for profit. Simply put, each jury did not like what they heard. The juries were tired of this mega-corporation consistently putting profits before the safety of their customers. Now, in apparent fear of more jury trials exposing their unsafe practices, Bayer AG has made a global settlement offer of more than $10 billion to make their “Roundup problem” go away. (Bayer purchased Monsanto in June 2018.) Anytime we mention billions of dollars, it sounds like an extravagant amount of money.
So, what does Bayer’s settlement offer mean?
Probably nothing. Bayer has made settlement movements with the firms that handle thousands of Roundup cases. For many smaller firms that represent clients whose lives have been catastrophically altered by Roundup, Bayer offered nothing.
We have clients who have incurred hundreds of thousands of dollars in medical bills (in addition to the tremendous pain and suffering they have faced for years). Bayer doesn’t believe those clients will ever see their day in court. We disagree. We will continue to fight for our clients and try their cases in front of a jury in St. Louis City.
– Pat Cummings
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WHAT IF ANOTHER COMPANY OR PERSON IS ALSO RESPONSIBLE FOR A WORKPLACE INJURY?
2. Premises liability In a premises liability case, the owner of a property or building fails to maintain their premises in a safe manner, and another person is injured as a result. In this scenario, the injured person may pursue a lawsuit against the property owner for their injuries. Example: At a construction site, an electrician falls two stories through the floor due to improper construction. In this situation, the electrician could sue the property owner, construction company, and/or other contractors for their negligent or reckless conduct in keeping the construction site safe for all workers. 3. Product liability When people are injured as a result of a dangerous and defective product, they may pursue a lawsuit against the manufacturer of the equipment or machinery. Example: While operating a wood chipper, a worker is pulled into the machine and later dies from his injuries. Upon investigation, it is determined that the wood chipper’s guarding design was
Many times, another company or person (who is not your employer or coworker) can cause or contribute to a work injury. In this situation, you can collect workers’ compensation benefits. In addition, you may also have a claim against a negligent or reckless defendant who is not your employer.
Here are three examples of how a third party may contribute to a work injury.
1. Negligent actions of another company’s employee A person (or company) is negligent when they fail to use reasonable care, causing the injury or death of another person. Example: Another company’s truck driver backs his trailer up to a warehouse. However, he fails to lock or chock his brakes. When a forklift enters the trailer to unload the cargo, the tractor-trailer rolls away. As a result, the forklift and its driver fall four feet to the pavement below. The forklift driver sustains permanent spinal injuries from the impact. In this situation, the forklift driver could pursue a case against the trucking company because its driver was negligent in failing to lock or chock his brakes.
faulty. In this case, the family of the worker could file a lawsuit against the manufacturer of the wood chipper. If you have any questions about a work injury, we’re always here to answer your questions. We’ll point you in the right direction.
– Jack Cannon
NEW BOOK COMING SOON: Understanding the Vaccine Injury Compensation Program We’re excited to announce a new Shannon Law Group publication by Jonathan Svitak. His upcoming book dives deep into a federal program called the Vaccine Injury Compensation Program. To get your free copy as soon as Jon’s book hits the shelves, text Joe at 312-847-2428 with your mailing address.
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Phone: 312-663-7016 Text: 312-847-2428 www.shannonlawgroup.com
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INSIDE THIS ISSUE
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Understanding the Vaccine Injury Compensation Program Where Was I Exposed to Asbestos? Bayer Makes Global Settlement Offer to Roundup Plaintiffs What if Another Company or Person Is Also Responsible for a Workplace Injury?
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SUDOKU
QUESTIONS?
Text me at my personal number: 312-847-2428.
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