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What Are Sports Concussions?

“A concussion happens when a force causes the brain to rapidly move back and forth inside the skull,” according to the American Academy of Orthopaedic Surgeons. ⁽⁴⁾ Sports concussions are injuries sustained during participation in sporting activities.

Sports concussions may not just be the result of a blow to your head. They could also result from any jolt to your body affecting the head and neck. ⁽⁵⁾

The sports with the highest incidences of concussion injuries include football, ice hockey, and soccer. ⁽⁶⁾ Approximately 4,000 TBIs are treated annually at New York hospitals in children under age 19. ⁽⁷⁾

How Do Sports Concussions Happen?

Certain athletic activities have greater potential to cause concussions. Some of these high risk incidents while playing sports include:

• Helmet-to-helmet tackles in football — Safe tackle rules have been put in place by many school football programs, including New York. The state forbids players to use their helmets as “butting tools” when playing a sport. Surprisingly, most high school players ignore the rules. One recent survey of high school football players found, “79% said that they used their helmet to hit an opposing player during a tackle and 46% said they made this contact intentionally.” ^{(8) (9)}
• Getting checked against the boards in hockey — This move refers to players using their shoulder, upper arm, hip and elbow to push opposing players into the side boards or down onto the ice in hockey. Getting checked from behind can send a player headfirst into the boards and lead to severe injury. USA hockey rules ban the practice in children 12 years of age and under. ⁽¹⁰⁾
• Heading a ball incorrectly in soccer — Attempting to play the ball while it is in the air, using the head, is called “heading” in soccer. Researchers have found among high school soccer athletes, “Contact with another player was the most common mechanism of injury in heading-related concussions among boys (78.1%) and girls (61.9%).” ⁽¹¹⁾
• Skateboarding or biking wipeouts — Estimates of skateboarding injuries treated in U.S. emergency departments, involving children aged 15 to 19, reached 909,401, according to the National Science Council. ⁽¹²⁾ Contributing factors to this injury rate are the emphasis on extreme stunts along with improper use of safety equipment. ⁽¹³⁾
• Collisions between skiers or snowboarders — A study looking at head injuries among snowboarders and skiers found 69% of collisions resulted in concussions. The risk of sustaining a head injury was highest among males. ⁽¹⁴⁾

Signs of a Concussion

There are distinct signs of a concussion you can observe following an injury incident. Here are common concussion symptoms: ⁽¹⁵⁾

• Balance problems, dizziness.
• Confusion.
• Depression.
• Disrupted sleep patterns.
• Drowsiness.
• Headache.
• Irritability.
• Issues with mental focus.
• Memory issues.
• Nausea and vomiting.
• Sensitivity to light (photophobia).
• Trouble speaking.
• Unconsciousness.

After sustaining a concussion, “You might feel fine, but your thinking, behavior, and/or balance may not be back to normal,” warns Nemours Teens Health, a nonprofit pediatric health information website. ⁽¹⁶⁾

Anyone having a head injury should seek immediate medical attention.

Diagnosis

A medical diagnosis of a concussion includes a neurological evaluation by a qualified doctor. The doctor performs tests for balance, coordination, vision, hearing, and reflexes. ⁽¹⁷⁾

If your doctors find you are having trouble with your vision, they may order a magnetic resonance imaging (MRI) or a computed tomography scan (CT). Balance tests may include force plates. These measure the forces of movements such as stepping, running, and jumping. ⁽¹⁸⁾

What to Do If You Suspect Someone Has a Concussion

The things to do if you suspect someone may have a concussion include: ⁽¹⁹⁾

• Seek immediate medical attention — Concussions must be treated by a qualified medical professional to avoid complications. It is also necessary to have a doctor determine when it might be safe for you to return to sports.
• Do not allow the injured person to return to the game — A first concussion may not be serious. It could be mild. When, however, it is followed by successive concussions the results could be extremely serious. ^{(20) (21)}
• Tell the coach — Coaches need to be aware of any recent concussions their players may have suffered. This helps prevent further injury and ensure players are at their optimum performance levels.

Treatment and Prevention

The key to concussion treatment and recovery is mental and physical rest. After a few days, the injured can engage in supervised “subthreshold aerobic exercises” if they do not worsen symptoms. Exercise can be gradually increased in time and intensity, as tolerated. Examples of appropriate exercises include walking, jogging, or riding a stationary bike. ⁽²²⁾

The best prevention includes use of proper equipment such as helmets. It is also important to train and encourage athletes to use safe sport techniques. Educational programs can also help prevent sports injuries. ⁽²³⁾

Long-Term Effects of Sports Concussions

Potential long-term effects from sports concussions can be very serious. Even more concerning, repeated concussions can increase the risks of developing neurodegenerative conditions later in life. ⁽²⁴⁾

Successive concussions can lead to post-concussion syndrome (PCS), Alzheimer’s disease (AD), or chronic traumatic encephalopathy (CTE). Researchers have found PCS increases the risks for development of Alzheimer’s and CTE. ⁽²⁵⁾

Alzheimer’s is a form of dementia or memory loss. It affects memory, thinking, and behavior. There is no cure, and it worsens over time. ⁽²⁶⁾

CTE is caused by repeated head injuries. Many athletes, especially football players, develop the disease much later in life. CTE “causes the death of nerve cells in the brain, known as degeneration. CTE gets worse over time.” CTE can only be diagnosed after death and during an autopsy, according to the Mayo Clinic. ⁽²⁷⁾

Filing a Sports Concussion Lawsuit

When filing your sports concussion lawsuit, it is important to determine who is accountable for your injury. This can include coaches, trainers, school districts, and any other person or organization who may be liable for a debilitating injury.

These considerations are part of the reason this type of legal case is complex. An experienced personal injury attorney is able to focus on all the potential individuals or groups who may bear responsibility in your case. This helps in achieving an optimal outcome.

Weitz & Luxenberg attorneys have years of experience helping clients with personal injury cases, including cases involving children. We have a team of lawyers who are dedicated to obtaining the best possible results for our clients. And they all believe in seeing cases through — from start to finish.

How W&L Can Help

Our attorneys are dedicated, compassionate, and experienced. And they have a winning track record to prove it. Here are just a few of our many successes in other personal injury cases:

• Six figure settlement for elderly woman who suffered head injury from falling luggage during flight.
• A $13.34 million judgement for victim with baseball bat head injuries from a vicious Queens bar attack.
• Multimillion dollar settlement for man suffering traumatic brain injury after fall from an apartment building.

Did Camp Lejeune Water Contamination Cause Birth Defects?

The toxic chemicals found at Camp Lejeune include volatile organic compounds (VOCs). Scientific evidence continues to mount for a link between birth defects and maternal exposure to contaminated drinking water. ⁽¹⁾

“Exposure to certain VOCs may increase the risk for birth defects, neurocognitive impairment, asthma, and cancer,” according to some research. ⁽²⁾

Other research has found “significantly elevated” incidents of low birth weights and small for gestational age in babies born to mothers exposed to VOCs. ⁽³⁾

TCE and PCE Found at Camp Lejeune

Trichloroethylene (TCE) was one of the primary VOCs detected in one of the treatment plants supplying Camp Lejeune water. The other water treatment plant supplying the base was primarily contaminated with perchloroethylene or tetrachloroethylene (PCE). This water came from multiple sources such as “leaking underground storage tanks, industrial area spills, and waste disposal sites.” ⁽⁴⁾ 

The association between birth defects and TCE exposure is so strong that one scientific review of the literature concluded, “TCE is carcinogenic to humans by all routes of exposure and poses a potential human health hazard for noncancer toxicity to the central nervous system, kidney, liver, immune system, male reproductive system, and the developing embryo/fetus.” ⁽⁵⁾

Notably, the negative effects of PCE on a developing fetus were underscored by the results of another study. In that study, harmful effects of PCE exposure stood out because researchers were able to “single out the ingestion of PCE as a single exposure route.” ⁽⁶⁾

ATSDR Finds Toxic Chemicals Affect Baby Development 

Another study was conducted by the Agency for Toxic Substances and Disease Registry (ATSDR). It also reported adverse birth outcomes for children whose mothers were exposed to the Camp Lejeune contaminated drinking water. ⁽⁷⁾ ATSDR warns, “TCE in the blood stream can cross the placenta and enter the developing baby.” ⁽⁸⁾

Research looked exclusively at Camp Lejeune “residential exposure” among pregnant women who lived on the base — and gave birth between 1968-1985. The research determined children were at increased risks for neural tube defects (NTDs) and oral clefts from exposure to contaminated water at Camp Lejeune. ⁽⁹⁾

According to ATSDR, “During the first trimester of pregnancy, the risk of a NTD increased with increasing levels of exposure to TCE.” ⁽¹⁰⁾

ATSDR goes on to say, “an association between NTDs and first trimester exposure to benzene,” was also observed. ⁽¹¹⁾

Non-Cardiac Birth Defects Caused by Camp Lejeune Water Contamination

The most common non-cardiac birth defects caused by Camp Lejeune water contamination include:

• Low birthweight. ⁽¹²⁾
• Neural tube defects. ⁽¹³⁾
• Oral clefts. ⁽¹⁴⁾
• Preterm birth. ⁽¹⁵⁾
• Small for gestational age. ⁽¹⁶⁾

Camp Lejeune Toxins and Their Impact on Birth Defects

There were many the toxins found in Camp Lejeune water. These toxins have many impacts on birth defects.

Trichloroethylene (TCE)

TCE is a known carcinogen with the “potential” to affect a developing fetus. ^{(17) (18)}

The maximum level detected in Camp Lejeune water was 1,400 parts per billion (μg/L). The current U.S. Environmental Protection Agency (EPA) allowable limit for TCE in drinking water is 5 μg/L. ⁽¹⁹⁾

Associated birth defects of TCE include: cardiac defects, NTDs, low birthweight, oral clefts, and being small for gestational size. ^{(20) (21) (22)}

Tetrachloroethylene (PCE)

PCE is also an industrial solvent, metal degreasing agent, and a known carcinogen. ^{(23) (24)}

The maximum level detected in Camp Lejeune water was 215 (μg/L). The current EPA allowable limit for PCE in drinking water is 5 μg/L. ⁽²⁵⁾

Associated birth defects of PCE include: cleft lip and palate, low birthweight, NTDs, and being small for gestational size. ^{(26) (27)}

Vinyl Chloride (VC)

VC is used in packaging, plastics, pipes, and coatings. It is a known carcinogen with developmental effects.

Associated birth defects include: fetal growth and development, and angiosarcoma of the liver. ^{(28) (29)}

Benzene

Benzene is used in making plastics, rubber, dyes, lubricants, and pesticides. ⁽³⁰⁾

Associated birth defects of benzene include: delayed bone formation, low birth weight, and bone marrow damage. ^{(31) (32)}

What To Do if You or a Loved One Is a Victim of Camp Lejeune

Victims of Camp Lejeune water birth defects should file a lawsuit to seek compensation for your pain and suffering. And it can help with your financial situation — medical bills, ongoing treatments, and loss of income.

These lawsuits can be highly complex. To begin the process of filing a successful lawsuit, you need an attorney. Your attorney guides you through the legal process, represents you in court, and negotiates any settlement on your behalf.

Your attorney should be compassionate, experienced in both environmental and personal injury law, and dedicated. This is exactly how our W&L environmental attorneys would describe themselves.

Who Qualifies to File a Camp Lejeune Water Birth Defect Lawsuit?

Weitz & Luxenberg is currently taking Camp Lejeune lawsuit birth defects cases from clients. This is because of the Camp Lejeune Justice Act of 2021. This law allows people who were in the military — or lived or worked — on this Marine base to make claims against the U.S. government.

To be eligible to file a Camp Lejeune water birth defects claim, you must meet the criteria. Be prepared to provide as much documentation as you are able, in order to support your claims: ⁽³³⁾

• You or your child must have been born between August 1953 and December 1987. Documentation required: a birth certificate or adoption papers.
• You or your child must have a Camp Lejeune water birth defect. Examples of documentation include: medical records, receipts for treatments, and a written diagnosis from a licensed medical professional.
• You or your mother must have been pregnant while living or working on Camp Lejeune between August 1953 and December 1987. Examples of documentation include: military records, orders, housing assignments, mortgage or lease agreements, and utility bills.
• Your or your child’s length of exposure to the contaminated water at Camp Lejeune must have been at least 30 days.

How W&L Can Help

W&L has nearly 40 years of experience in helping victims, especially military families. Our firm has litigated not only personal injury claims, but environmental claims made by entire communities. We go up against governments, big businesses, and anyone else who indiscriminately disregards the rights, the health, and the well-being of our clients.

W&L attorneys have strong empathy for people who have been harmed — through no fault of your own — due to the negligence or indifference of others. Our firm’s goal is to obtain the best outcomes for our clients. We are dedicated to seeing cases through, from start to finish.

At W&L we are proud of our record of success — especially in helping clients exposed to toxic chemicals in their drinking water gain appropriate compensation. Here are some of the wins we were able to achieve for our clients:

• $626 million win for the people of Flint, Michigan against the State of Michigan for lead poisoning after the City’s drinking water source was changed from Lake Huron to the Flint River.
• $54 million win for Kent County, Michigan property owners against 3M and Wolverine for per- and polyfluoroalkyl substances (PFAS) contamination of their private drinking water wells.
• Large financial amount when 3M settled with the City of Stuart, Florida for contamination of the water system with PFAS.

If you or your child suffers from a Camp Lejeune water birth defect, we encourage you to reach out to us. Let us help you file a Camp Lejeune lawsuit birth defects claim.

Contact W&L for guidance and support in your own case by calling us at (833) 977-3437 for a free consultation.

Did Camp Lejeune Contaminated Water Cause Lung Cancer?

Toxic substances detected in the water at Camp Lejeune included trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, and vinyl chloride. ⁽²⁾

The Agency for Toxic Substances and Disease Registry (ATSDR) makes it clear the amount, length, and mode of exposure to these toxic chemicals are key factors in development of many adverse health effects. ⁽³⁾

ATSDR mortality studies were done on civilian employees and military personnel at Camp Lejeune. The purpose of these studies was to see if there is an increased risk of death from health conditions, including lung cancer, among anyone exposed to toxic water at Camp Lejeune. ⁽⁴⁾

Increased Risks from TCE and PCE

Scientific evidence is mounting that exposure to TCE, PCE, and vinyl chloride may be linked with lung cancer. ⁽⁵⁾ Additionally, it is a known fact PCE can break down into TCE and vinyl chloride. ⁽⁶⁾

TCE is a carcinogen, according to the Environmental Protection Agency (EPA), “Animal studies have reported increases in lung, liver, kidney, and testicular tumors and lymphoma.” ⁽⁷⁾ Another notable study reports that based on short-term animal experiments, “TCE causes respiratory tract toxicity.” ⁽⁸⁾

The danger is even more pronounced when you consider that PCE and TCE not only contaminate soil, they leach into groundwater. They also evaporate into air, allowing vapors to build up in homes. ⁽⁹⁾

New Law Allows for Claims Against Camp Lejeune

Our federal government finally took action in 2022. It recognized the accumulating evidence of increased risks for cancers resulting from exposure to the toxic water at Camp Lejeune.

A new law — Honoring our PACT Act — was signed into law by President Biden. The intent of this legislation is “To provide for recovery by individuals who were stationed, lived, or worked at Camp Lejeune, for certain actions of omissions by the United States.” ⁽¹⁰⁾

This law allows you, and others suffering from the contaminated water exposure at Camp Lejeune, to file claims against the U.S. federal government. You can file claims for medical expenses to treat your illnesses. ⁽¹¹⁾

You may file claims even if you were turned down for governmental benefits in the past. However, there are certain criteria you must meet in order to file a claim.

Who Is Eligible to File a Lawsuit Against Camp Lejeune?

The new PACT Act is very clear regarding who is eligible to file a claim. There are three important criteria to be met: ⁽¹²⁾

• You must have lived, worked, or have been present on Camp Lejeune between August 1953 and December 1957.
• Your length of exposure must have been at least 30 days total.
• You must have received a diagnosis of lung cancer (or one of a number of other illnesses and conditions covered by the law).

The PACT Act stipulates you have a narrow window of time to file your claim. So, you need to act quickly.

Camp Lejeune Lung Cancer Lawsuits

Lung cancer lawsuits are now being filed for exposure to contaminated water at Camp Lejeune. Many people who suffered from lung and other cancers are pursuing lawsuits to get compensation, including for any pain and harm they suffered.

In fact, anyone affected by the contaminated water at Camp Lejeune has legal options. You only need to prove you suffered serious health side effects from the exposure. It does not matter if you were a veteran, family member, or someone else who spent significant time on the Marine base between August 1953 and December 1987.

There have been no verdicts reached as of February 2024. And while there are limited settlement opportunities at this time, these cases are still ongoing.

Documentation to Support Your Claim

For you to be successful in your lung cancer lawsuit, you need to provide evidence. This evidence is meant to substantiate the elements of your claim to support that your condition is connected to exposure to toxins in the water at Camp Lejeune.

Documentation to help support your claim includes:

• Military orders.
• Military housing records.
• Records of payments for rent or mortgage.
• Employment contract.
• Utility bills.
• Medical records (diagnosis, tests, medications, and bills and or receipts for treatments).

If you are a victim with a family member who is a veteran, you can also make a claim. You need to provide proof of relationship:

• Marriage license.
• Birth certificate.
• Adoption papers.

This law covers harm done to pregnant women and babies in utero, as well. ⁽¹³⁾

Legal Options for Victims of Camp Lejeune Water Contamination

It is important for you to discuss your case with an attorney — as quickly as possible — to explore all of your legal options.

You want an attorney who is compassionate, knowledgeable, and experienced in environmental and personal injury litigations. These types of litigations can be highly complex.

Weitz & Luxenberg is a recognized leader in complex litigations, with a long history of environmental and personal injury successes. Our team of attorneys are committed and dedicated professionals. They care deeply about what happens to people victimized through “actions of omissions by the United States.” ⁽¹⁴⁾

Our underlying goal in environmental litigations is obtaining relief for the people who become sick because of pollution that could — and should — have been avoided.

How W&L Can Help

W&L is a national law firm with its roots in fighting for veterans, your families, and all those harmed by powerful corporations or government agencies. Time and again we have taken on your fights and won.

Here is a sampling of cases we have successfully resolved for our clients:

• Hoosick Falls, New York, residents obtained a $65 million settlement when their community water system was contaminated by PFOA (perfluorooctanoic acid).
• Another PFOA water contamination lawsuit resulted in a $23.5 million settlement for the residents of Petersburgh, New York.
• More than 150 public water systems received $423 million in settlement when MTBE (methyl tertiary butyl ether) — a gasoline additive — poisoned their water.

What Led to the Camp Lejeune Water Contamination?

Volatile organic compounds (VOCs) were detected at Marine Corps Base Camp Lejeune in two of eight water treatment plants supplying drinking water to the base and surrounding areas. The Agency for Toxic Substances and Disease Registry (ATSDR) says, “the waste disposal practices at ABC One-Hour Cleaners, an off-base dry cleaning firm” was one source of the contamination. ⁽¹⁾

Exposure to contaminated water occurred between 1953 and 1987. ATSDR estimates that one million military personnel, their families, and civilians living or working on the base may have been exposed. ⁽²⁾

Using that water, your exposure came through drinking, cooking with, bathing, and washing clothes in the contaminated water. Most victims were repeatedly exposed to VOCs over long periods of time. This can result in negative health effects. ⁽³⁾ No one expects the water they use daily to make them sick with cancer.

What Contaminants Were Found in the Camp Lejeune Water?

VOCs are a group of “compounds that have a high vapor pressure and low water solubility,” according to the U.S. Environmental Protection Agency (EPA). These are manmade chemicals “emitted as gases from certain solids or liquids” The EPA goes on to say VOCs contain organic solvents. ⁽⁴⁾

Among the VOCs found at Camp Lejeune were: ⁽⁵⁾

• Trichloroethylene (TCE).
• Tetrachloroethylene or perchloroethylene (PCE).
• Benzene.
• Vinyl chloride.
• 1, 2-dichloroethylene (DCE).

These toxic chemicals were found in concentration levels far exceeding the EPA maximum contaminant standards for drinking water. ⁽⁶⁾

All of these toxic chemicals have been linked to adverse health effects, including cancer. ⁽⁷⁾

Breast Cancer Overview

“Breast cancer is a disease in which cells in the breast grow out of control. There are different kinds of breast cancer. The kind of breast cancer depends on which cells in the breast turn into cancer,” explains the Centers for Disease Control and Prevention (CDC). ⁽⁸⁾

“Most breast cancers begin in the ducts or lobules,” according to the CDC. Lobules are the glands in the breast that produce milk. ⁽⁹⁾

There are several types of breast cancer: ⁽¹⁰⁾

• Invasive ductal carcinoma — Cancer cells begin in the ducts and may spread to other parts of your body.
• Invasive lobular carcinoma — Cancer cells begin in the lobules and spread to breast tissue.
• Ductal carcinoma — More common in men than women, “cancer cells are only in the lining of the ducts, and have not spread to other tissues in the breast.” ⁽¹¹⁾
• Paget’s disease — A rare type of cancer involving the skin of your nipple. ⁽¹²⁾
• Inflammatory breast cancer — This is “a rare and very aggressive disease in which cancer cells block lymph vessels in the skin of the breast.” ⁽¹³⁾

Symptoms of Breast Cancer

It is a scary feeling when you know something is wrong, but you are not sure what it is. It may help when you can identify what your symptoms may mean.

Symptoms of breast cancer can vary from person to person and not everyone will experience them. ⁽¹⁴⁾

Here are some of the more common symptoms: ⁽¹⁵⁾

• Changes in size or shape of breast.
• Discharge, including blood.
• Irritation or dimpling of skin.
• New lump in breast or armpit.
• Pain in breast area.
• Pain in nipple area.
• Redness or flakiness of nipple area.
• Thickening or swelling of breast.

The Link Between Breast Cancer and Camp Lejeune’s Contaminated Water

One scientific study correlates exposure to TCE through drinking water with increased risks of breast cancer in women. Another study, looking at PCE exposure through drinking water, also found increased risks of breast cancer in women. ^{(16) (17)}

A third study was specifically focused on male breast cancer. It determined there is an association between exposure to TCE, PCE, DCE, and vinyl chloride with the risk of breast cancer in men through the toxic drinking water at Camp Lejeune. ⁽¹⁸⁾

The ATSDR study found correlations between some cancers and adverse health conditions with exposure to VOCs. Female breast cancer was among the most prevalent diseases reported. ⁽¹⁹⁾

Based on additional research, ATSDR has twice stated that TCE, PCE, DCE, and vinyl chloride possibly accelerate the onset of male breast cancer. ^{(20) (21)}

What Legal Options Are Available to Camp Lejeune Breast Cancer Victims?

As a Camp Lejeune breast cancer victim, your best legal option is to file a lawsuit.

Victims can now file legal claims against the federal government under a new law, The Camp Lejeune Justice Act. This law allows veterans, their family members, and civilians affected by the contaminated water at Camp Lejeune to obtain compensation for the harm resulting from their exposure. ⁽²²⁾

To be eligible to file a claim you must have been diagnosed with breast cancer (or other health condition) and meet these criteria: ⁽²³⁾

• Exposure must have occurred at the Marine Corps Base Camp Lejeune between August 1, 1953 and December 31, 1987.
• Exposure must have occurred for a minimum of 30 days overall.

The law also applies to victims who were in utero at the time of their exposure.

Hiring an Experienced Law Firm Is Critical

These cases are highly complex. Critical to your successful outcome is the choice of an experienced attorney. Ideally, your attorney should have a strong and successful background in environmental and personal injury law. Just like the attorneys at Weitz & Luxenberg.

Your Weitz & Luxenberg attorney listens to your story, investigates what happened to you, and files the necessary legal paperwork for your case. Additionally, your attorney would represent you in court or negotiate a settlement on your behalf.

You need attorneys who understand the tremendous impact this toxic chemical exposure had on your life. A team that recognizes everything you are going through, and is there to support you. We want to be with you every step of the way. And to help you get the justice you deserve.

How W&L Can Help

W&L has nearly 40 years of experience helping personal injury victims — especially military families and veterans — and litigating environmental cases. We have consistently obtained financial compensation for our clients.

Take a look at some of our record of successful outcomes:

• Confidential large settlement with 3M for contamination of the City of Stuart, Florida’s water supply by the “forever chemicals” in PFAS.
• $54 million win against 3M and Wolverine Worldwide for contamination of properties with “forever chemicals” in the drinking water.
• $626 million win for Flint, Michigan residents in the largest civil settlement in the state’s history because of water contaminated with lead.

W&L is ready and able to help you get the compensation you deserve in your Camp Lejeune breast cancer lawsuit. Call us now at (833) 977-3437 or fill out our form and submit it. Our team responds to your request as soon as possible.

“The spa services market, which includes massage services, beauty and grooming, and physical fitness, is expected to grow to over 133 billion U.S. dollars by 2027.” Businesses included in the larger “umbrella of the spa market” are hotel spas, massage parlors, and day spas. ⁽²⁾ 

The majority of consumers regularly visit nail salons with tanning beds and facilities offering swimming pools, hot tubs, and saunas. You also get massages and facials, without considering the risks involved.

Common Types of Day Spa Accidents

At a day spa, you face the risk of injury for a number of different types of accidents. This often focuses on activities where cleanliness — especially for if you have a chronic health condition — is concerned.

The most common types of day spa accidents include:

• Burns — Water in hot tubs or pedicure stations can scald when temperatures are not correctly maintained. Likewise, chemicals used to kill bacteria or germs can burn your skin when not in the proper range. Also, the chemicals used in cosmetics, peels, or glues can burn you, if not used correctly.
• Cuts — A simple cut or aggressive trim of a callus or nail can lead to infections, such as cellulitis. ⁽³⁾ This is a higher risk if you have a chronic condition like diabetes, and a weakened immune system. 
• Fractures — Massages can result in fractures, especially of the ribs, neck, or back. “When it comes to massage, experts say that the degree of risk involved depends on the type of touch applied.” ⁽⁴⁾
• Infections — Poor water quality is one of the most frequent violations detected by spa inspectors. Water quality is a primary avenue for the spread of infections. For example, pseudomonas aeruginosa causes hot tub rash. This is an itchy, bumpy rash with pus-filled blisters around hair follicles. ⁽⁵⁾ 
• Slips and falls — “Falls account for over 8 million hospital emergency room visits” each year, according to the National Floor Safety Institute (NFSI). ⁽⁶⁾ Unsuitable floor surfaces frequently lead to slips, trips, and falls. Spas where floors are wet or uneven can increase your chances of falling.

Causes of Day Spa Accidents

The causes of day spa accidents vary based on location, type of facility, and the treatment or activity involved. The most frequent causes of day spa accidents include:

• Inadequate training — Cosmetologists and massage therapists should have formal training to practice safely. In New York, a license is required. 
• Inexperienced staff — Inexperienced staff members may cause harm unintentionally because they lack knowledge. Inexperienced staff should always work with more experienced staff who can provide guidance and instruction.
• Unsafe equipment — A well-maintained facility and equipment are required for operators of spas in most states. Regular inspections by state health departments may be conducted to ensure public health and safety.
• Negligence — There are many forms negligence can take in a spa. Negligence can arise out of inattentiveness, lack of training or experience, poorly maintained equipment or facilities, improper procedures, or even out of indifference.

How to Prevent Spa Accidents

Many people believe they benefit from spa treatments. With few exceptions, day spa accidents are preventable. 

To help consumers minimize the risks of spa accidents, the New York Department of State has the following tips for customers of beauty salons and spas: ⁽⁷⁾

• Don’t be afraid to ask questions. This includes asking how long an employee has worked at the spa or how many years of experience they have performing this personal service.
• Check licenses. “A provider must be licensed in the services that they are performing. All personal services offered in New York State require that the individual offering these services have the proper training and be licensed to offer that particular service to the consumer.” ⁽⁸⁾
• Massage services require a valid massage therapy license from the New York State Education Department. In New York, some services require separate licenses above and beyond the general license. Back massage, deep tissue massage, foot massage, shoulder massage, and reflexology require additional licenses. 
• Check to see the facility appears clean and well-maintained, and the equipment looks to be in good repair. This includes flooring, pools, hot tubs, tanning beds, saunas, and nail and pedicure stations. Anything coming into direct contact with your bare skin falls into this category.
• The facility has good lighting.
• There is hot and cold running water, working toilet facilities, and lids for trash receptacles.
• Staff members adhere to good hygiene — washing hands before providing services and between services for each separate client. 
• Tables and beds are sanitized between each client’s use.
• All tools are cleaned after every use. Instruments are disinfected for at least 10 minutes with a U.S. Environmental Protection Agency (EPA) approved hospital grade disinfectant. Cuticle removers, clippers, combs, and scissors should be soaked in a disinfectant. 
• “Porous manicuring and waxing implements such as emery boards, block buffers, and waxing sticks and other implements that cannot be disinfected shall not be used for more than one person.” ⁽⁹⁾
• Gloves are worn when providing waxing or extraction services.
• Disposable products are never used for multiple people. This includes cotton balls, sponge applicators, paper towels, and table coverings.
• People with immune systems seriously compromised by a health condition — such as cancer or diabetes — should bring your own supplies for use during your treatment. ⁽¹⁰⁾

Even if you have taken precautions, if you suffer a serious injury from a day spa accident, consider taking legal action.

Filing a Lawsuit for Day Spa Accidents

After a day spa accident, you need to hire an attorney. Your attorney reviews your case, advises you on your legal options, investigates your claims, and files a lawsuit on your behalf. As necessary, your lawyers represents you in court or negotiates a settlement.

To file a day spa lawsuit, your attorney submits the necessary paperwork to the court clerk in the appropriate county. In New York, a lawsuit must be filed in the county where you or the company you are suing lives, works, or conducts business. It can also be filed in the county where the accident occurred. ⁽¹¹⁾ You must file your claim within three years from the date of the accident, due to New York’s statute of limitations. ⁽¹²⁾

After the paperwork has been filed, the court clerk issues a summons to the company being sued. The company is called the defendant. A defendant has approximately 20 days to respond. Once the defendant has responded to the summons, a court date is set. ⁽¹³⁾

Compensation Options for Day Spa Accident Lawsuits

Day spa accident lawsuits hopefully result in you getting monetary compensation awards. This compensation may include:

• Lost wages.
• Medical bills.
• Pain and suffering.
• Property damage to personal belongings.
• Punitive damages.

How W&L Can Help

The best possible outcome for your case depends upon your choice of an attorney. Weitz & Luxenberg is a reputable firm and has been in the personal injury litigation practice for almost 40 years. 

Our attorneys are both experienced and compassionate. We take pride in our accomplishments on behalf of our clients and fight to get you the best possible outcome for your case. 

Here is a glimpse of our successes:

• W&L secures $10 million for a young boy blinded in one eye after a bungee cord accident.
• W&L won millions for construction workers injured while on the job in New York City, Long Island, and Westchester.
• W&L negotiated a major settlement for a woman struck in the head by falling luggage during an international flight.

Kitchen appliances are not just large electronic tools we use in cooking and storing food — like ovens, refrigerators, and dishwashers. The category also includes smaller appliances such as mixers, food processors, and blenders.

Types of Kitchen Appliance Accidents

Unfortunately, using any of these appliances increases the risk of kitchen accidents. And kitchen appliance accidents can be of several types, each resulting in injuries with the potential to be deadly.

Some of the most common types of kitchen appliance accidents include: ⁽²⁾

• Blender injuries — “More than 9,600 injuries occurred involving blenders,” says Consumer Reports. ⁽³⁾
• Pressure Cooker burns — Many manufacturers have issued recalls of their products due to injuries. Sunbeam recalled over 9,000 Crock-Pot pressure cookers. ⁽⁴⁾ Rena Ware recalled 700 Nutrex pressure cookers due to hazards from discharged steam. Breville recalled 35,600 Fast Slow Cookers due to a sealing gasket; inserting it incorrectly leads to a pressure release, with the potential for burns. ⁽⁵⁾ 
• Stovetop fires and burns — “Ranges or cooktops were involved in 53 percent of the reported home cooking fires, 88 percent of cooking fire deaths, and 74 percent of cooking fire injuries,” according to the National Fire Protection Association. ⁽⁶⁾
• Food processor lacerations — These ”caused more than 21,000 injuries, including cuts from the blades.” ⁽⁷⁾
• Microwave oven burns — “More than 10,000 people were hurt using microwaves. Burns were most common,” says Consumer Reports. ⁽⁸⁾
• Ranges falling over — “Almost 40,000 people were injured from these appliances.” ⁽⁹⁾

Causes of Kitchen Appliance Accidents

Understanding the reasons for kitchen appliance accidents is a first step in preventing them. Among the several causes are misuse, negligence, and product defects.

Misuse happens when you fail to operate a kitchen appliance safely or according to its written product directions. For example, leaving the kitchen while cooking something on a stovetop. 

Negligence happens when the manufacturer or seller of the kitchen appliance acts in a way disregarding your safety or life. ⁽¹⁰⁾ For instance, a manufacturer fails to ensure a product can be operated safely because the directions are poorly written or not included in the packaging. The manufacturer can be held negligent. 

Product defects occur when a product is flawed, meaning it is dangerous for its intended use. This can happen during either its design stage or during the manufacturing process. One example is when a manufacturer produces a pressure cooker with a faulty probe in its base. If it can conduct electricity, it can lead to electric shock. ⁽¹¹⁾

Defective Pressure Cookers

Some defects in products can be spotted right away, while others are harder to detect. However, there are similar defects among some kitchen appliances, such as pressure cookers and stovetops.

Some of the common defects in pressure cookers include: ⁽¹²⁾

• Steam discharges when cooking at low pressure.
• Gaskets do not work properly.
• Lids fly off during cooking.
• Probes conduct electricity.

These defects can result in pressure cooker accidents with severe injuries. Some injuries you can suffer include:

• Death.
• Burns.
• Amputation.
• Electrical shock.
• Cuts and lacerations.

The CPSC posts recalls of pressure cookers on its website; some of these notices date as far back as 2006. ⁽¹³⁾

Oven and Stovetop Accidents

Other appliances associated with high numbers of injuries are the oven and stovetop. They have also been found to be defective. 

Common oven and stovetop appliance defects include: ⁽¹⁴⁾

• Broken control knobs.
• Incorrect oven temperature readings.
• Failure of control pad.
• Faulty element or wiring.
• Oven door jams. 
• Oven or stovetop does not ignite or draw power.
• Oven does not heat up.
• Stovetop does not heat up.
• Tipovers.

The risks for burns and electrical shock are distinctly possible in oven and stovetop accidents. ⁽¹⁵⁾ Also, crushing injuries are possible because of tipover accidents, usually involving children.

One CPSC report noted there were 900 injuries treated in emergency rooms from tipover incidents involving appliances during a two-year period. Of those, 42 were fatal. Of the fatalities, 28 involved stoves and ovens. ⁽¹⁶⁾ 

Hazardous oven and stovetop safety recalls are issued by manufacturers. Also, many are listed on the CPSC website. For instance, the Sears Kenmore 24-inch electric ranges were recalled in 2015. There was a problem with the heating elements adhering to the cooktop. This posed an electrical shock hazard to the consumer. ⁽¹⁷⁾

How to Prevent Kitchen Appliance Accidents

With these potential hazards in mind, it helps to understand how to prevent kitchen appliance accidents. Here are some things you can do to avoid them: ^{(18) (19) (20)}

• Be sure small appliances are turned off before plugging them in.
• Keep a fire extinguisher nearby.
• Maintain clean cooking area and equipment.
• Never boil water in a microwave.
• Never leave the stove unattended while cooking.
• Never place heavy pans of hot food on open oven doors.
• Never reach into a chopper or slicer.
• Prevent grease splatters by using a lid or splash guard, especially while frying.
• Read and follow product directions.
• Remain awake and alert while cooking.
• Store sharp knives in a block, not in a drawer.
• Turn pot handles toward the back of the stove when cooking.
• Use caution when handling wrapping or covers in a microwave.
• Wear short, close-fitting, or tightly rolled sleeves while cooking.
• While cooking, keep a lid and dry potholders nearby.

Filing a Kitchen Appliance Accident Lawsuit

If you are the victim of a serious kitchen appliance accident, you may find filing a lawsuit is your best legal option.

Kitchen appliance accident legal cases can be very complex, so it is wise to hire an experienced attorney. In fact, the success of your case often hinges upon the attorney you hire. 

You need an attorney who is skilled in personal injury and negligence litigation. You also want someone who is compassionate and dedicated to the best outcome for your case.

Your Weitz & Luxenberg lawyer investigates your claims, and help you file your lawsuit. In New York, your lawsuit must be filed in the county where either you or the company you are suing resides, works, or conducts business. Or in the county where the accident occurred. ⁽²¹⁾ And it must be filed within three years from the date of the accident. ⁽²²⁾

After your lawyer files the proper paperwork with the court, a summons is issued, and an index number assigned for the case. The summons must then be served on the defendant. It has 20 days to file an answer with the court. Once the defendant answers the summons, a court date is set. ⁽²³⁾

Who Is Liable for Your Injuries?

In a kitchen appliance accident, liability might rest with an installer, maintenance company, or the manufacturer. 

The appliance may have a defect occurring during manufacturing or in the design of the appliance itself. The appliance may have been incorrectly installed. Or maintenance may not have been properly performed. 

If the accident was caused by a gas leak or other utility-related issue, you may be able to file a claim against the utility company.

Compensation Options

Regardless of who exactly is responsible, the best outcome for your case typically involves monetary compensation. A successful case includes getting damages for any the harm done to you. 

The legally responsible party may pay financial compensation for your:

• Medical bills.
• Pain and suffering.
• Emotional distress. 
• Rehabilitation or assistive services.
• Diminished earning capacity.
• Lost wages.
• Property damage.

Punitive damages are another type of damages. They may be awarded, although it rarely happens. 

Punitive damages are punishment for the responsible party because their behavior was shockingly bad. For punitive damage awards, you (as the person suing) need to prove the actions of the company you are suing were intentional or willful. ⁽²⁴⁾

How W&L Can Help

W&L has an experienced team of lawyers for personal injury and negligence cases. If you were harmed by a kitchen appliance, contact us. Let us help you with your legal case.

We have handled many winning cases. These results demonstrate our dedication to achieving the best possible outcomes for our clients. 

Here is a snapshot of our successes:

• W&L recovers $10 million for a teenager who lost sight in one eye after a bungee cord accident.
• W&L wins millions of dollars for construction workers injured on job sites.
• W&L achieves a major settlement for an elderly victim of falling luggage while on an airplane.

CO poisoning is a hazard affecting New Yorkers. Due to CO exposure, each year 200 people are hospitalized and 1,800 people visit emergency rooms across the state, New York Health Department records indicate. ⁽²⁾

What Is Carbon Monoxide (CO) Poisoning?

CO is a colorless, odorless, tasteless, and non-irritating gas contained in fumes from burning fuel. Because this gas is undetectable by human senses, it is referred to as the “silent killer.” ^{(3) (4)} 

“Carbon monoxide poisoning is a life-threatening emergency that occurs from inhaling carbon monoxide (CO) fumes,” according to Johns Hopkins Medicine. ⁽⁵⁾

“Breathing in carbon monoxide fumes prevents the body from using oxygen properly, which can harm the brain, heart, and other organs,” Hopkins explains. ⁽⁶⁾

What Causes Carbon Monoxide Poisoning?

Burning fuel creates carbon monoxide gas. This leads to poisoning. Fuels that can result in carbon monoxide poisoning include: ⁽⁷⁾

• Natural gas. 
• Coal.  
• Wood. 
• Gasoline. 
• Kerosene. 
• Tobacco.  

You can be exposed to carbon monoxide fumes in many ways. The list of possible exposure includes these causes of CO poisoning: ^{(8) (9) (10)}

• Wood burning fireplace, gas log burner, or any unvented space heater — Unvented space heaters are the most common source of CO poisoning. ⁽¹¹⁾ Fuel burning space heaters should be replaced with electric models. 
• Malfunctioning oil, wood, gas, or coal furnaces — A malfunctioning furnace may cause CO gas to build up in the home. Furnaces need to be checked annually and maintained by certified technicians. 
• Malfunctioning water heater — Horizontal pipes should vent to the outside of the home. Never use tape or gum to patch vent pipes. ⁽¹²⁾
• Malfunctioning gas clothes dryer — Like water heaters, pipes should vent to the outside. Check and maintain gas clothes dryers on an annual basis. 
• Malfunctioning cooking appliances — If you smell an odor coming from your gas appliance, stop using it immediately. Have it serviced by a certified technician. 
• Tobacco smoke — Only smoke in well-ventilated areas. Use caution when disposing of tobacco ashes.
• Clogged chimney —Debris from wood fires can flow up into the chimney and get jammed inside. Remove all debris from fireplaces and chimneys before using them. 
• Auto exhaust or idling vehicles — Exhaust from idling motors vent CO into the air and deplete oxygen levels. Idle your vehicle in a well-ventilated space. Always consider ventilation when idling, and open vehicle windows, doors or both. 
• Gas or fuel-burning appliances — You often find these in cabins and campers. They include barbecue grills, pool and spa heaters, and ceiling-mounted heating units.Good ventilation is the key to avoiding exposure to CO fumes. Do not use these appliances in confined, unventilated areas. 
• Fires — Most CO poisonings occur in the winter when space heaters are used and are improperly ventilated. CO detectors should be installed throughout the home.

Symptoms of Carbon Monoxide Poisoning

So how do you know if you may have suffered CO poisoning? There are symptoms.

While carbon monoxide can kill you, a less than lethal dose can also cause brain damage or other complications. ⁽¹³⁾

Here are some of the symptoms of carbon monoxide poisoning: ⁽¹⁴⁾

• Death. 
• Cardiac arrest.
• Chest pain.
• Seizures.
• Respiratory failure.
• Loss of consciousness or coma.
• Rapid heartbeat.
• Shortness of breath.
• Nausea and vomiting.
• Disorientation.
• Dizziness.
• Blurry vision.
• Headache.
• Loss of hearing.
• Weakness.

Legal Options

Suffering from carbon monoxide poisoning may prompt you to explore your legal options. After seeking medical attention, you want to discuss your case with an attorney. A Weitz & Luxenberg lawyer can file a lawsuit on your behalf. 

Your W&L attorney investigate your claims, determines who are the responsible parties, and helps you pursue your best legal options. We can help if the furnace in your house malfunctioned. Or your carbon monoxide detectors failed. And even if you were in a hotel or at a resort and got sick — or a loved one died. 

Manufacturers sometimes use fuel in kitchen appliances, furnaces, and other products. This fuel could leak CO fumes into your home, exposing you and your family members to the deadly gas. 

Manufacturers, sellers, and distributors may be held accountable for defective products or faulty designs of products leading to your injuries. 

Likewise, service technicians who work on the appliances in your home should be certified and trained to check for CO leaks and any buildup of the gas. If they are negligent in doing their job, you may be able to hold the service company and its technician responsible. This is also true if you are affected when visiting a hotel or other business.

Finding a Qualified Carbon Monoxide Poisoning Lawyer

Carbon monoxide poisoning cases involve personal injury and — unfortunately in some cases — wrongful death. These are complex areas of law. It is unlikely you are knowledgeable or qualified enough to pursue your case legally on your own. You need an attorney to navigate you through the legal process.

First and foremost, you want an experienced attorney. Consider an attorney with both knowledge of personal injury law and experience with carbon monoxide poisoning and other environmental hazards and cases. 

Look for an attorney with empathy, who can make a commitment to helping you achieve the best outcome in your case. 

W&L is a nationally recognized personal injury law firm with offices all over the country. We have a team of attorneys possessing years of experience in poisoning, personal injury, and environmental hazards cases. 

We know the law, as our proven track record of successful cases can show. We see our client cases through, from start to finish — always advocating for fair outcomes that are in your best interest.

How W&L Can Help

W&L fights for the optimal outcomes on our client’s behalf. Our record of successful outcomes includes:

• W&L obtains a $10 million award on behalf of a teenager. In an accident involving a zip line, our client lost sight in one eye. This reduced his quality of life. He also endured emotional distress. 
• W&L negotiates settlements in the millions of dollars for Long Island and Westchester suburbs construction workers and tradespeople. They were suffering from injuries on the job site.
• W&L negotiates a six-figure settlement when luggage fell from an overhead airplane bin. It happened in midflight, striking our elderly client, in the head.

What Is a Class Action Complaint?

“A class action is a type of civil lawsuit brought on behalf of many similarly situated people who have been harmed in the same way by the same entity; because they do not have the resources individually to sue the responsible party, they band together in a single case.” ⁽¹⁾ 

NewYork-Presbyterian violated its own Notice of Privacy Practices. It was required to: 

• Maintain your privacy and the security of your protected health information.
• Let you know immediately if a breach occurred that could have compromised your privacy or the security of your information.
• Follow the duties and privacy practices described in its notice of privacy practices and give you a copy of it.

What Is the Lawsuit Against NewYork-Presbyterian?

Weitz & Luxenberg is suing New York-Presbyterian Healthcare System, Inc., and The New York and Presbyterian Hospital. Our attorneys believe these companies disclosed confidential patient personally identifiable information and protected health information to third parties. This includes Meta Platforms, Inc. Meta is the parent company of Facebook. ^{(2) (3) (4)}

According to our investigations, NewYork-Presbyterian “knowingly configured and implemented a software device known as a Tracking Pixel to collect and transmit” your sensitive and confidential information to other companies.

Potentially thousands of pieces of confidential patient information may have been compromised. The defendants operate a healthcare system across New York state. It consists of 10 hospitals and campuses, with nearly 200 primary and specialty care clinics and medical groups. 

You, like other patients, had no idea the medical system embedded the Facebook Tracking Pixel on its website. You used and trusted this website. You did not know “every click, keystroke, and intimate detail” about your medical treatment was being transmitted to Facebook.

How Do I File a Complaint Against NewYork-Presbyterian Hospital?

NewYork-Presbyterian is not the first health system to be sued for illegally passing along sensitive medical information. For example, in 2019, there was a class action lawsuit against Partners Healthcare System in Massachusetts. The class action alleged “the health system had violated patients’ privacy and its own policies by installing the Meta Pixel and other tracking tools on its websites.” The case was settled out of court. The health system agreed to pay $18.4 million. ⁽⁵⁾

A number of hospital systems across the country have installed a tracking tool on their websites. Many types of confidential patient information is being collected, such as medical conditions, prescriptions, and doctor appointments. Researchers called out the hospitals for their illegal activity, and some made changes. ⁽⁶⁾

However, these arrangements between hospital systems and tech companies are on the rise. Selling a patient’s private medical information to tech companies is lucrative. ⁽⁷⁾

“Patients have the right to file HIPAA complaints with their medical providers.” Under HIPAA —  the Health Insurance Portability and Accountability Act —  medical providers are required to investigate these complaints. When the providers break the law, you should sue them. ⁽⁸⁾

The Litigation Process

If you believe your private medical information was shared with a third party without your knowledge and permission, you may be able to join our class action lawsuit. You can also join on behalf of a loved one.

NewYork-Presbyterian’s activities violate the U.S. Department of Health and Human Services Office of Civil Rights. The defendants also violated the American Medical Association Code of Medical Ethics, the Electronic Communications Privacy Act, the Federal Trade Commission Act, and New York General Business Law Section 349. 

Your private information has monetary value. Our lawsuit is seeking equitable relief for our clients who are part of this class action suit. We are asking for:

• Restitution of the money the medical system obtained illegally. 
• Payment for credit monitoring services at least three years.
• An award of actual damages, compensatory damages, and statutory damages.
• An award of triple damages under Section 349.

Action Steps to Get Started

Weitz & Luxenberg Can Help

Weitz & Luxenberg has initiated a Facebook class action complaint against NewYork-Presbyterian. Its medical organization violated your trust. It tracked your private medical data without your knowledge. And then passed this information on to Facebook to make money — all without your consent. 

You can face many problems when your personally identifiable information gets into the wrong hands. It can be used to deny you health coverage, increase your insurance premiums, and be sold to other entities who can use it to steal your identity. 

Weitz & Luxenberg is a nationally recognized law firm with offices across the country. Our experience and success go back almost four decades. 

We are no stranger to complex class action lawsuits, and have the resources to fight for as long as it takes to secure a just outcome for you.

For more information, please contact us by calling (833) 977-3437 or filling out our online form.

What Happened with the University of Rochester Medical Center Data Incident? 

Weitz & Luxenberg is suing the Rochester Medical Center. Our Rochester University lawsuit claims the Medical Center:

• Invaded patient privacy.
• Breached their contract by sharing your confidential information with a third party.
• Breached their implied contract.
• Secured for themselves unjust financial enrichment.

The University of Rochester Medical Center made use of the Facebook Tracking Pixel on its web properties. This means that every time a patient clicked, made a keystroke, or otherwise shared medical information, that information was “unlawfully disclosed to Facebook.”

Thousands of patients are now facing massive data privacy issues. 

What Defines a Class Action Lawsuit?

A class action lawsuit “is a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group.” The class action lawsuit against the University of Rochester Medical Center allows the court “to manage lawsuits that would otherwise be unmanageable if each class member (individuals who have suffered the same wrong at the hands of the defendant) were required to be joined in the lawsuit as a named plaintiff.” ⁽¹⁾

What Is the Difference Between a Lawsuit and a Class Action lawsuit?

You can file a lawsuit individually, only for yourself. But when lots of people have been harmed in the same way, it makes sense to oversee all the cases at one time. The individuals join together as a group into one lawsuit. That lawsuit is a class action lawsuit.

The potential harms of what the University of Rochester Medical Center did are far-reaching for you. Absolutely any personal, intimate, or confidential medical information you provided on the Medical Center web pages is now in the hands of people you did not agree to share your information with.

Facebook helps advertisers target you with specific products, drugs, or services based on what they now know about you. Whether or not you’re pregnant, and whether or not you have an illness — such as diabetes or cancer or arthritis.

Potential employers may discriminate against you based on knowing this information. Insurance companies may increase your premiums.

What to Do If You’re at Risk? 

If your personal information has been compromised in any way, you need to contact your insurance company and any health care providers you use. You should also contact your state’s government offices that oversee medical care.

Who Do I Contact for Legal Advice? 

You may be able to file a lawsuit and join our class action. Talking with a lawyer — such as someone at Weitz & Luxenberg who has experience with data privacy issues — can help you realize if you qualify to start or join a legal case. 

How Do I Start a Class Action Lawsuit?

The best way to join a class action lawsuit is to share your story with a law firm that handles these kinds of suits. This is one of the types of lawsuits W&L has a lot of experience — and success — with litigating.

In the case of class actions, you are one of many plaintiffs. Sometimes you are the person bringing the potential suit to the attention of the law firm. In other cases, like this one, you can join a class action that has already been filed. 

Businesses can also bring lawsuits against other businesses. For example, Open AI and Microsoft are being sued in federal court for breaking privacy laws. ⁽²⁾

Another company filed a lawsuit against Zoom. It claims Zoom invaded the privacy of millions by sharing personal data with Facebook, Google, and LinkedIn. ⁽³⁾

The Litigation Process

If the University of Rochester Medical Center passed along your confidential information to a third party without your permission or knowledge, you should join our class action lawsuit. 

We intend to hold the University of Rochester’s Medical Center accountable. You may be able to receive:

• Justice for URMC’s wrongful conduct. 
• Assurance that URMC will use appropriate methods to keep your confidential information private and secure.
• Compensation for the money URMC wrongfully retained.
• An award for punitive and other damages.

Case Update

On March 19, 2024, the Court denied a motion to dismiss the case, allowing plaintiffs to move forward with discovery.

W&L Is Helping Victims of Medical Data Violations

The University of Rochester Medical Center violated your trust. URMC collected your intimate medical information and passed this along without your consent or knowledge.

As a national plaintiffs’ law firm, we are fully prepared to take on this class action lawsuit. Our attorneys go through every hoop necessary to secure justice for you and other victims of this violation. 

W&L lawyers have the resources to go up against offending corporations — no matter their size or pocketbook. 

Feel welcome to contact us for more information by calling (833) 977-3437 or filling out the available form.