Active Investigations and Litigation
Mass tort litigation can take many forms. At O’Mara Law Group, we are experienced in handling a diverse range of lawsuits for our clients. Current mass tort claims for which we are prepared to represent clients include product liability, including actions against Philips and Exactech, and environmental lawsuits, including Camp Lejeune water contamination claims.
Camp Lejeune Lawsuit
From August 1, 1953, to December 31, 1987, as many as one million military and civilian personnel may have been exposed to contaminated water at Camp Lejeune.
The military first knew about the contamination in 1982 but did not take action until 1985. Unfortunately, North Carolina’s statute of repose prevents victims from filing a civil lawsuit more than ten years after the last cause of action.
In 2012, a bill was passed to allow affected individuals to receive Veteran Affairs (VA) benefits. On March 26, 2021, the Camp Lejeune Justice Act took effect. The legislation provides victims of the water contamination at Camp Lejeune to circumvent the North Carolina statute of repose to file a lawsuit and seek compensation.
CPAP Lawsuit
In 2021, Philips recalled millions of BiPAP, CPAP, and mechanical ventilator machines due to a defect with the polyurethane foam used for sound reduction.
The foam was found to degrade, resulting in users inhaling small, dangerous particles and toxic fumes. For many, this exposure led to pain, sickness, and even death. It requires medical intervention and treatment to prevent permanent damage.
A product liability CPAP lawsuit is filed in every state and is being handled as multidistrict litigation. In July 2022, lawyers began completing pretrial discovery. The trial has not yet begun.
Exactech Lawsuit
Exactech is a large company that produces products for knee and ankle joint replacement.
On August 31, 2021, Exactech announced a recall due to faulty packaging that impacted products from as early as 2004. The packaging included an oxygen-resistant vacuum bag but failed to include a second layer with ethylene vinyl alcohol, which is required for this specific product.
As a result, oxygen permeated the packaging, causing the product to oxidize and wear prematurely. Once the product starts to degrade, debris is released into surrounding tissue in the individual, causing adverse reactions. To date, no lawsuits have been filed against Exactech. However, a large number of civil claims is to be expected.
Paraquat Lawsuit
Paraquat dichloride is an herbicide used for killing weeds in the commercial farming industry. It is permitted only for commercial use by licensed applicators and has been used since the 1960s.
Prolonged exposure to paraquat has been linked to various degenerative disorders, including Parkinson’s disease. Paraquat poisoning can occur through ingesting, inhaling, or coming into direct contact with the herbicide.
Farmers and laborers are at high risk for exposure, as are people who live near commercial farms or share a water source with one. Paraquat lawsuits are currently being handled in a class-action lawsuit that is pending trial.
The O’Mara Law Group is accepting clients for these existing and impending lawsuits.
