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  5. Failure to Warn Lawsuit Draws Attention to Indiana Products Liability Claims

Failure to Warn Lawsuit Draws Attention to Indiana Products Liability Claims

Parr Richey Frandsen Patterson Kruse LLP | Jan 20, 2020 | Products Liability |

The state of New Mexico has recently filed suit against major company Johnson & Johnson, alleging that the company misled consumers about the safety of its baby powder and other talc-based products. According to a New York Times article covering the lawsuit, the Johnson & Johnson products are allegedly contaminated with carcinogenic asbestos, but the company has continued to market them, especially to children and Black and Hispanic women, without any warning. Although the suit was filed by New Mexico, the allegations of Johnson & Johnson’s contaminated products have important implications for Indiana consumers as well.

The attorney general of New Mexico, who is leading the suit on behalf of the state, accused Johnson & Johnson of concealing the dangers of talc products, which are associated with lung disease, ovarian cancer, and mesothelioma. Companies, including Johnson & Johnson, have a legal duty to warn consumers about the dangers posed by their products. If they conceal potentially harmful information, or even just fail to disclose it, they can be held liable—sometimes in multi-million, or even billion, dollar lawsuits. Because the stakes are so high, companies typically invest significant resources into legal teams to help them avoid liability. Johnson & Johnson, for instance, reportedly set aside $190 million in the second quarter of 2019 to defend specifically against talc-related litigation. That money does not even include money spent on non-talc-related suits.

While it is helpful for those injured by Johnson & Johnson or other products to have a state bring suit on their behalf, such a case is incredibly rare. Typically, if a plaintiff wants to recover against a large company, they have to file a suit themselves. When the company spends millions on legal teams to squash such lawsuits, filing suit can be intimidating, and a plaintiff may even feel hopeless. However, with the assistance of a dedicated personal injury attorney, plaintiffs may be able to recover against negligent, fraudulent companies who caused them harm, leveling the playing field between plaintiffs and multi-million-dollar corporations. If successful, the company may owe the plaintiff money for lost wages, past and future medical expenses, pain and suffering, loss of companionship, and more.

Contact An Indiana Personal Injury Lawyer for Immediate Assistance

If you have recently suffered from injuries or illness, and believe it may be related to a defective or harmful product, you may feel overwhelmed about where to start the recovery process. The dedicated Indiana product liability lawyers at Parr Richey Frandsen Patterson Kruse are here to help you. We represent Indiana clients against a wide variety of defendants, both big and small, and are not afraid to stand up to major corporations and zealously defend our client’s legal rights. When you work with us, you can rest assured that someone is working diligently on your case and giving it the time and energy it deserves. Our law firm can help with every stage of the process, from initially filing a suit all the way through trial, if necessary. To learn more, and to schedule a free, no-risk initial consultation, call us today at 888-532-7766.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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