Bart Bernard Injury Lawyers Blog

Bart Bernard Injury Lawyers Blog

Get it Done Right™

July 27, 2018 Personal Injury Lawsuits 0 Comments

Bart Bernard knows you have a lot of choices when it comes to hiring legal counsel. But he also knows that he is the attorney who will take your case, and as he’s consistently said throughout his career, will “Get it Done Right™.” When you work with Bart, you have an aggressive, diligent fighter in your corner. Trust him to get your case done right.

A brief history of the Bart Bernard Injury Lawyers

Bart earned his undergraduate degree in finance from the University of Louisiana in 1992 and his J.D. from Louisiana State University’s Paul M. Hebert Law Center in 1995. He spent a year clerking for U.S. Bankruptcy Judge Gerald H. Schiff in the Western District of Louisiana and then joined the legal department at Harrah’s Casino in New Orleans.

After years practicing in other cities, Bart decided he would return to his hometown in 1997 to launch his own legal firm and dedicated his practice to helping people who have been harmed through no fault of their own.  He has since won many millions of dollars in damages on behalf of his local clients. His many accolades include TWO “Best of 2017” awards from the Times of Acadiana, with readers voting him the “Best Lawyer” and “Best Law Firm” in the region. Today, Bart has two offices in Lafayette as well as other offices in Baton Rouge, Kenner, Metairie, and New Orleans.

Louisiana negligence victims trust Bart Bernard

The Bart Bernard Injury Lawyers concentrates mostly on accidents involving cars, motorcycles and trucks, offshore, maritime and industrial workplace accidents, and faulty medical devices and medications.

When you’ve been seriously injured at the hands of someone else’s negligence, you want to make sure you are getting the best legal counsel. You deserve to Get it Done Right! Call Bart today to set up your free consultation.

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Opioid Addicted Babies: What Are the Long-Term Effects?

July 27, 2018 Opioids 0 Comments

Premature newborn baby girl in the hospital incubator after c-section in 33 weekIt’s believed that a baby addicted to opioids is born roughly every 19 minutes in the United States. In other words, 70 newborn babies are born addicted to opioids every day.

Babies become addicted to opioids when their mothers have used the drugs during pregnancy. They become addicted in the womb. When they are born, the supply of opioids abruptly cuts off, causing drug withdrawal.

Neonatal Abstinence Syndrome Is on the Rise

The withdrawal can cause the babies to develop a condition known as Neonatal Abstinence Syndrome (NAS). In the period right after birth, the babies can experience fever, vomiting, sweating, loss of appetite, tremors, mottled skin, dehydration, diarrhea, and convulsions. They may also cry continually and have marked difficulty in sleeping.

Long-Term Effects Can Affect Growth and Behavior

Sadly, NAS symptoms can be very long-lasting. While research is still being done to understand the longer-term effects of opioid addiction as the children born with it grow older, it does appear to exert impacts that can be detrimental to both physical development and behavior later on.

Children born addicted to opioids can experience delays in developmental growth and behavioral problems. They may also develop attention-deficit disorder (ADD) at a higher rate than children in the general population.

The children may need years of behavioral and other therapy as a result.

A Growing Epidemic

The long-term effects are a tremendous concern because opioid addiction has risen so fast across the U.S. Over the last two decades, prescriptions for opioids quadrupled. Addiction to opioids has become an epidemic.

Many observers believe that the epidemic was fueled by drug manufacturers, who for years said that the risk of patients developing a physical dependence on opioids, initially prescribed for pain, was minimal.

In fact, claims were recently brought in Louisiana courts against some of these manufacturers. Plaintiffs allege that Johnson & Johnson, its subsidiary Janssen Pharmaceuticals, Teva Pharmaceuticals, and Purdue Pharma intentionally misled consumers about the real risks of developing an addiction to opioids and told doctors that long-term use of the drugs were safe.

Does Your Child Suffer from Opioid Addiction?

Unfortunately, many Louisiana residents suffer from opioid addiction. If your child suffers from the effects of opioid addiction, call Bart Bernard today.

Bart Bernard will treat your case with the care and concern it deserves. Our law firm has the knowhow and resources to take on the big pharmaceutical companies.

Our first consultation regarding your case is complimentary. You can call whichever of our two Louisiana offices are most convenient for you: 337-989-BART (Lafayette) or 225-275-BART (Baton Rouge). You can also contact Bart online today.

Additional Resources:

  1. Adamson, Allan. “Lawsuit Seeks Money To Cover Treatment Of Babies Born Addicted To Opioids.” Tech Times. February 28, 2017. http://www.techtimes.com/articles/222035/20180228/lawsuit-seeks-money-to-cover-treatment-of-babies-born-addicted-to-opioids.htm
  2. Clark, Maria. “The family of a Louisiana infant born addicted to opioids is suing drug makers.” New Orleans Times-Picayune. February 27, 2018. http://www.nola.com/health/index.ssf/2018/02/lawsuit_filed_to_help_cover_he.html
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$4.7 Billion Verdict Against Johnson & Johnson for Carcinogenic Talcum Powder

July 20, 2018 Talcum Powder Litigation 0 Comments

baby powder talcumA Missouri jury recently awarded $4.7 billion in damages to 22 women who claimed that they had developed ovarian cancer as a result of their using Johnson & Johnson’s talcum powder. Those women represent a small fraction of the more than 4,800 women who have brought similar lawsuits against this company.

The attorneys at the Bart Bernard Injury Lawyers in Baton Rouge, Louisiana applaud this verdict for the clear message it sends to corporations that place potentially hazardous products into the marketplace and that fail to warn consumers about the risks associated with their products.

Johnson & Johnson Talcum Powder Lawsuits

Johnson & Johnson is one of the country’s oldest purveyors of talcum powder. Since the early 1970’s, the company has removed all traces of asbestos from its products. As claimed in the many lawsuits against the company, however, the other components of its talcum powder product continue to pose risks when they are absorbed into a woman’s reproductive system, which can cause ovarian inflammation that leads to cancer.

Virtually every woman who has filed a lawsuit against Johnson & Johnson has suffered from aggressive forms of ovarian cancer, requiring them to undergo painful surgeries and courses of chemotherapy. Many of the cases have been consolidated at a Federal District Court in New Jersey under multidistrict litigation procedural rules, and new cases filed in Federal Court will be transferred to that venue.

Talcum Powder Cancer Verdicts

Apart from the Federal Court cases, a jury in a Missouri state court awarded the recent $4.7 billion verdict. That jury allocated $25 million in actual damages to each of the 22 plaintiffs in that case to compensate them for their medical costs, lost wages, pain and suffering, and loss of companionship. Six of those plaintiffs had passed away as a result of their illness prior to the trial, and their claims were supported by survivors in their families. Johnson & Johnson has stated that it intends to appeal this verdict.

Plaintiffs have similarly prevailed in at least six other talcum powder cancer cases against Johnson & Johnson, with different amounts of compensatory and punitive awards.

These verdicts, the consolidation of the Federal cases into a single venue, and the company’s response to this litigation suggest two things:

  1. The victories achieved thus far by plaintiffs in these cases show the validity of the argument that a causal connection exists between Johnson & Johnson’s talcum powder product and ovarian cancer (which argument is supported by certain peer-reviewed studies).
  2. In spite of this conclusion, Johnson & Johnson will continue to challenge claims and verdicts, presumably until such time that a universal settlement is achieved to provide compensation for all women who were harmed by the company’s talcum powder product.

What to Do if You Believe That Johnson & Johnson’s Talcum Powder Harmed You

If you regularly used Johnson & Johnson’s talcum powder and you have been recently diagnosed with ovarian cancer or any precursors to ovarian cancer, such as endometriosis, contact an experienced and knowledgeable personal injury attorney to start the process of filing your claim. All states have time limits (typically between two and three years following diagnosis of an illness) for filing negligence actions under their statutes of limitations procedures. If you do not file your claim with the allotted time, you will lose all opportunity to recover damages from the company that is responsible for your illness.

Attorney Bart Bernard Will Fight to Win the Compensation You Deserve if Talcum Powder Caused Your Ovarian Cancer

Please call talcum powder cancer lawyer Bart Bernard for legal representation and to claim the compensation you deserve if you or one of your family members have suffered an ovarian cancer diagnosis following their use of talcum powder. The attorneys at the Bart Bernard Injury Lawyers have committed to help clients and their families in Lafayette, Kenner, Baton Rouge, and elsewhere in Louisiana to recover damages from companies that expose consumers to harmful products and that lead to severe illnesses, injuries, and death. We will thoroughly investigate your claim and your family’s history and we will gather all necessary evidence that shows how your use of a carcinogenic product preceded your diagnosis, particularly where no warnings were given regarding the risks of using that product.

Additional Resources:

  1. NYTimes.com: Risk on All Sides as 4,800 Women Sue Over Johnson’s Baby Powder and Cancer. https://www.nytimes.com/2017/09/28/business/johnson-and-johnson-baby-talcum-powder-lawsuits.html
  2. STLToday.com: How Did Jury Arrive At $4.69 Billion Verdict in Talcum Powder Case? https://www.stltoday.com/news/local/crime-and-courts/how-did-jury-arrive-at-billion-verdict-in-talcum-powder/article_0ea0da33-d4ed-5966-b33f-39fa90c13b20.html
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Click Bart First, Call Bart First™

July 10, 2018 Personal Injury Lawsuits 0 Comments

Wherever you are in Louisiana, if you have been injured as a result of someone else’s negligence, personal injury attorney Bart Bernard wants to hear from you and strongly advises that you speak to any attorney before you speak to an insurance agent. From Lafayette to Baton Rouge, Kenner to New Orleans, and all throughout Acadiana- it’s important to remember Bart’s very own phrase “Click Bart First, Call Bart First!” With our strong web presence, 6 office locations, and an impossible-to-forget phone number- you have no excuse.

Find us on the internet, call 900-9000 , or  simply choose the law office most convenient to you and reach out for a free evaluation of your potential case.

Bart has grown: Now 6 Law Office Locations Serving Louisiana Residents

Wherever your injury happened, we’re here to guide you toward a successful recovery, while fighting for maximum compensation. Attorney Bart Bernard is a proud Lafayette native, driven by the philosophy that neighbors and community always come first. We advocate for the people of Louisiana during their time of need, bringing a wealth of expertise and strategic focus. Our reputation for winning complex injury cases involving industrial accidents, premises liability and worker’s compensation is leveled with a commitment to personalized, compassionate service.

Our award-winning law firm has assisted thousands of injured clients throughout the state of Louisiana, gaining valuable trial expertise in the process. Put our knowledge, rigorous work ethic and experience to work for you by partnering with personal injury lawyer Louisiana residents have come to trust: Bart Bernard.

All of our Louisiana law office locations handle a wide range of legal matters involving personal injury and negligence.

Come visit us in:

  • Camellia Blvd., Lafayette
  • Caillouet Place, Lafayette
  • Baton Rouge
  • Kenner
  • New Orleans
  • Metaririe

Don’t delay: Call Bart right away.

Click or call Bart first to set up your initial, free case evaluation. Bart Bernard and his dedicated staff will ensure that all your questions are answered.

Click Bart first at  https://bartbernard.com/ 

or

Call Bart First 900-9000

and let’s get to work on your case. We look forward to hearing from you very soon!

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Hit Hard with Bart Bernard™

June 27, 2018 Personal Injury Lawsuits 0 Comments

Bart Bernard headshotBart Bernard coined the phrase “Hit hard with Bart Bernard!™” to compliment his heavy hitting style. Insurance companies will often make low-ball offers of settlements prior to trial if they believe the deck is stacked in their favor. But Bart does not suffer bullies, especially those that seek only to undermine the recovery of plaintiffs who are already suffering. To Bart, these tactics are unacceptable, and so he is willing to take his cases to trial if necessary. 

Bart Bernard is among Louisiana’s most reputable personal injury lawyers. Known for his hard-hitting negotiating style and willingness to go to trial, Bart is absolutely committed to helping victims of negligence receive maximum compensation for serious injuries.

Be Smart. Get Bart.™

Navigating the legal process without legal counsel is never a wise decision. The smallest misstep whether it’s making an uninformed statement to an insurance adjuster, or giving improper notice to certain defendants, or failure to file within the statute of limitations- any number of rookie mistakes could cost you the right to file a lawsuit in Louisiana. You know better than that! You’re Smart. Get Bart.™

A record of leadership in Louisiana

Bart Bernard is on the board of Louisiana State Bar and is also a member of the:

  • Million Dollar Advocates Forum
  • Multi-Million Dollar Advocates Forum
  • Elite Lawyers of America
  • American Association of Justice (AAJ)
  • Louisiana Trial Lawyers (Louisiana Association of Justice)

Notable cases

Bart Bernard developed notoriety for aggressively taking on big defendants – and winning. For instance, in the case of Trenton Broussard vs. LA Farm Bureau, Bart Bernard was able to recover over $2 million for his client, who was rear-ended by an uninsured motorist and denied coverage under the uninsured motorist part of the policy. LA Farm Bureau ultimately lost their appeal in court.

In another landmark case, Ron Warren vs. Teleflex, a jury in state district court of Louisiana awarded $23 million in punitive damages to a man whose son was killed in a Prien Lake boating accident. The jury found that Teleflex was negligent in the design and safety testing of their boat steering system. Fifteen years of internal testing showed that problems could arise when hydraulic fluid leaked out, but they sold the systems without warning.

“It’s important to win these victories for the people against big insurance and manufacturing companies, because it tells these entities that they do not have supreme power,” Bart Bernard says. “Insurers have a legal mandate to hold up their end of a written coverage agreement. Manufacturers have a legal responsibility to warn people about known risks that can harm people. They can’t build their profits off the backs of the people.”

Call for a Free, Private Consultation

Are you ready to hit hard with Bart Bernard? Call 900-9000 any time, day or night, for more information about pursuing a legal claim for your personal injury. All legal counsel is on a contingency basis only, so you pay nothing unless he wins compensation on your behalf.

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Court Recognizes Need to Preserve Mesh Evidence for Trial

June 25, 2018 Defective Devices 0 Comments

surgical mesh

In the ongoing Ethicon Physiomesh hernia mesh litigation in Georgia, the court has entered an order directing that surgical evidence including mesh material and plaintiff tissue be saved for lawsuit purposes. The May 28, 2018, order can affect hundreds of plaintiffs with pending claims against Ethicon in the litigation.

Duty to preserve evidence in hernia mesh litigation

Even without a court order, both before and during lawsuits, parties generally have the duty to preserve items or documents that reasonably could be used as evidence. What makes this type of order different is that it affects non-parties.

When Ethicon claimants have vaginal mesh material removed, the hospitals are not typically parties to the case and they follow their own procedures on discarding medical waste. However, the Georgia Ethicon multi district litigation (or “MDL”) order allows lawsuit participants to direct the hospital to preserve related materials as evidence.

This is not the first time a court has ordered the preservation of mesh evidence. For example, in 2014, the West Virginia Ethicon MDL over transvaginal mesh injuries, Judge Joseph Goodwin ordered that tissues and other surgical materials including anything purported to be mesh or bodily tissue excised from the site. The order instructs hospitals to refrain from destroying the materials and instead to turn it over for preservation as evidence.

MDL orders affect Louisiana mesh plaintiffs

Hernia mesh lawsuits follow the pattern that many dangerous drug lawsuits follow. Rather than be litigated as class-action lawsuits, where one class representative litigates the case on behalf of the rest of the class of affected individuals, individual lawsuits are combined in multi-district litigation, or MDL.

In MDL, cases from across the country can be transferred to another jurisdiction for administration. So an order in the Georgia MDL can be binding on Louisiana plaintiffs who file mesh lawsuits that have been assigned to that MDL.

Thousands of hernia mesh lawsuits are ongoing

Over 3,000 hernia mesh lawsuits have been across the country filed alleging physical problems like adhesions, infection, pain, fever, intestinal blockage, and mesh migration. More than 1,300 of the lawsuits have been combined in MDL and are still early in the litigation process. The first hernia mesh MDL lawsuits are expected to go to trial in 2019.

Help for mesh victims in Louisiana

Unfortunately, when it comes to defective medical products, the injuries are often not immediately apparent but laws limit how long those who are injured have to file a lawsuit. If you believe you have experienced complications because of a pelvic mesh implant, there is no time to waste but we are here to help.

Attorney Bart Bernard is committed to helping people in Louisiana by holding dangerous medical device manufacturers accountable. Call today to schedule a consultation in Lafayette or Baton Rouge to discuss whether filing a hernia mesh lawsuit is right for you.

Additional hernia mesh lawsuit resources:

  1. United States District Court for the Northern District of Georgia, In RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, http://www.gand.uscourts.gov/17md2782
  2. United States District Court for the Southern District of West Virginia, MDL 2327 Ethicon, Inc., Pelvic Repair System Products Liability Litigation, https://www.wvsd.uscourts.gov/MDL/ethicon/orders.html
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Opioid Addiction Epidemic Continues to Cause Collateral Damage

June 22, 2018 Opioids 0 Comments

Premature newborn baby girl in the hospital incubator after c-section in 33 weekPerhaps the greatest tragedy of the nation’s current opioid crisis is that prescription painkiller addiction harms not only the individuals who have become physically dependent upon those drugs, but also their families whose lives have been upended by opioid overdoses and deaths.

The Bart Bernard Injury Lawyers in Baton Rouge, Louisiana is working tirelessly to recover monetary compensation for the most vulnerable victims of the opioid crisis: babies born addicted to the painkillers.

Scope and Origins of the Opioid Overdose Crisis

In the late 1990’s, the big pharmaceutical companies, including Janssen Pharmaceuticals, Purdue Pharma, Allergan, and Teva Pharmaceuticals, launched aggressive marketing campaigns that touted the benefits of opioid painkillers while downplaying or ignoring known addiction risks. In turn, physicians began to freely prescribe both natural and synthetic opioids, including Percocet, Fentanyl, Oxycodone and Hydrocodone with few or no warnings to their patients of any addiction or overdose risks.

The consequences of these practices have been staggering:

  • Almost a third of all patients that have received opioid prescriptions have misused those drugs, and roughly 10% have developed addictions or other opioid use disorders.
  • About 5% of prescription opioid recipients have started using heroin.
  • Between 2016 and 2017, opioid overdoses increased by 30%.
  • On average, 115 people in the United States die every day as a result of an opioid overdose.

Collateral Damage from the Opioid Overdose Crisis

Immediate family members frequently experience adverse collateral effects of a loved one’s opioid addiction. The most tragic effects of that addiction affect family members that are least able to handle the ravages of addiction, namely, unborn children and babies.

The National Institute on Drug Abuse has reported a fivefold increase in incidents of Neonatal Abstinence Syndrome (NAS) between 2000 and 2012. NAS afflicts infants that have been exposed to opioids during their mothers’ pregnancies. Infants that are born with NAS will experience tremors, gastric disorders, fevers, and seizures during the first few weeks or months after they are born. These symptoms are similar to what an opioid addict might experience while going through withdrawal.

Recovering Compensation for Opioid Overdoses and Deaths

Lawmakers are acknowledging that certain opioid manufacturers, medical clinics, and practitioners developed and implemented a deceptive marketing scheme that exaggerated the relief that opioids could offer to individuals who were suffering from debilitating pain. The marketing of opioid painkillers gave little thought to the physical dependency, addiction, and overdose risks that are inherent in those drugs. Following the lawmakers’ lead, court systems are entertaining a growing chorus of lawsuits alleging that pharmaceutical companies are liable for direct and collateral damages as a result of their false, negligent, and unfair marketing practices associated with prescription opioid drugs.

Was Your Child Born Addicted to Opioids? Call Bart Bernard

Bart Bernard represents families in Lafayette, Kenner, Baton Rouge, and elsewhere in Louisiana with infants diagnosed with Neonatal Abstinence Syndrome due to opioid addiction. Has your infant child become a victim of the opioid crisis? Please call today for a free and confidential consultation about your case.

Additional Opioid Epidemic Resources:

  1. DrugAbuse.gov, Opioid Overdose Crisis. https://www.drugabuse.gov/drugs-abuse/opioids/opioid-overdose-crisis
  2. Democrat & Chronicle, May is deadliest month so far: 31 days, 104 overdoses, 16 deaths, https://www.democratandchronicle.com/story/news/2018/06/08/monroe-county-overdose-deaths-may-2018-year-total/685418002/
  3. CBSNews.com, Opioid addiction in U.S.: 7 in 10 say it’s a very serious problem – CBS News poll, https://www.cbsnews.com/news/opioid-addiction-in-u-s-7-in-10-say-its-a-very-serious-problem-cbs-news-poll/
  4. DrugAbuse.gov, Treating Opioid Use Disorder During Pregnancy. https://www.drugabuse.gov/publications/treating-opioid-use-disorder-during-pregnancy/treating-opioid-use-disorder-during-pregnancy
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