Cancer-Causing Sunscreen Attorneys in Texas
Herrman and Herrman, P.L.L.C. will stand with you if you’ve developed cancer as a result of a sunscreen product. Our experienced product liability lawyers have handled defective design, defective manufacturing, and failure to warn.
Texas Product Liability Attorney – Sunscreen
If you believe you may have developed cancer as a result of using a sunscreen that contains dangerous amounts of benzene, a cancer-causing chemical, you should seek professional legal help. When companies and manufacturers allow their products to hit the shelves with dangerous levels of carcinogenic chemicals, they must be held responsible for the damage they inflict. If you or a loved one has been diagnosed with cancer after using a sunscreen product that contains above average levels of benzene, you may be eligible for compensation via a legal claim.
Using a product intended to keep you safe from the sun’s harmful rays, like sunscreen and other sun care products, should be a no-brainer. But when the dangerous chemical benzene is added to the mix, sunscreen products can cause deadly cancer as a consequence.
Cancer is a serious, sometimes grave condition. Any choices you make regarding the treatment of your cancer will be among the most important in your life. Additionally, if you choose to file a lawsuit about the cause of your cancer, the selection of your attorney will be important. Choosing a legal team that understands what you’re going through and that is motivated to help you win the compensation you deserve is integral. Our experienced, knowledgeable, and compassionate attorneys at Herrman & Herrman, P.L.L.C. have handled numerous product liability lawsuits and cases. We serve the greater Rio Grande Valley area and all of Texas. Our law firm has offices in Corpus Christi, McAllen, Brownsville, Houston, and San Antonio.
We have helped individuals and families throughout the state of Texas gain justice for the negative externalities of medicines, drugs, lawn care products, cleaning instruments, and other household products. We know that you and your family’s health come first, so if you’ve been harmed, you deserve to get justice in the court room with the help of our experienced team of attorneys.
Contact us now, if you suspect your cancer was the result of using a sunscreen or sun protection product that has been recalled for containing too much benzene. Your health– and your potential compensation—can’t wait.
The Importance of Sunscreen
Any skincare aficionado or doctor can tell you that sunscreen is incredibly important. The SPF in sunscreen protects your skin from harmful UV and UVB rays that come from the sun. These UV and UVB rays can cause sunburns and sun poisoning but can also be the cause of melanoma and other skin cancers. Thus, it’s important to do all you can to protect all parts of your skin from these rays. Additionally, reducing sun damage in your skin can ward off the signs of aging, like dark spots and wrinkles. Wearing a cream with high SPF everyday as a regular part of your skincare routine can be a vital part in both staying healthy and looking youthful.
Background on Benzene and Sunscreen – Does Benzene Cause Cancer?
The Federal Food and Drug Administration (FDA) has been asked to recall over 70 different popular sunscreen products because of their levels of benzene, a chemical that can cause cancer. Benzene is a chemical often found in crude oil and cigarette smoke and it is a known carcinogen. An independent laboratory, Valisure, tested over 300 sunscreen products and is the entity that has requested the recalls of 78 products. Those 78 products each contain over 2 parts per million (ppm) of benzene, which is more than what the FDA recommends in products.
The FDA is the entity in charge of regulating sunscreen in the United States because the active ingredients make a drug claim. That claim is to prevent sunburn or reduce the risks of contracting skin cancer from UV/UVB rays. Among the products that are on the list of those requested to be recalled are several popular names in sunscreen, including Neutrogena, Banana Boat, CVS Health, Elta MD, Sun Bum, Raw Elements, Goodsense, and more. The full list of sunscreen products that Valisure is asking the FDA to recall can be seen here. Check the list to see if your everyday favorite could be causing harm to your health. Note that not all products created by the listed brands contain more than 2ppm of benzene.
Valisure is using a mechanism called a citizen’s petition to ask the FDA to recall these potentially dangerous products. The citizen’s petition must be based on scientific, verifiable evidence, but must still be reviewed by the FDA before action is taken. The citizen’s petition can be filed to the FDA about an over-the-counter (OTC) drug at any point in its development or distribution.
What Are the Dangers of Benzene? Will It Cause Cancer?
Benzene is a known human carcinogen, meaning that it is a chemical that can cause cancer in humans at certain doses. Benzene is a colorless or a light yellow chemical, and it often has a sweet odor. It is highly flammable, making it both risky for cancer development and fire creation. The major effect of exposure to benzene in the air is on the blood of an individual. Over time, breathing in benzene or being exposed to air containing benzene can have harmful effects on your red blood cells and your blood marrow, causing anemia and other more serious issues, like cancers, as well. The amount of benzene you are exposed to as well as the amount of time you are exposed to it can affect the type and severity of symptoms you may have.
High levels of benzene in sunscreen can cause serious cancers. These are typically cancers that affect the blood stream, organs that regulate creation of blood cells, and your overall blood health. This includes leukemia, lymphoma, multiple myeloma, and other blood cancers.
Do I Have a Benzene Sunscreen Case?
If you or a loved one developed blood problems or cancer after using one of the sunscreens that has been requested to be recalled, you may have a case. Typically, when consumers file claims against the creators of drugs or other products, the case is called a product liability lawsuit. When you consult with a Herman and Herrman attorney, we will help you determine if your case is strong and if you are eligible to receive compensation for the costs you’ve incurred. You and your legal team will need to prove there was negligence on the part of the sunscreen manufacturer because of the inclusion of high levels of benzene.
To best determine the strength of your case, collect as much evidence as you can of the cause of your cancer, as well as the record of any of your cancer-related expenses, and meet with one of our knowledgeable attorneys. Then, we will help you parse through the facts and fight to get you the justice you so deserve.
What is a Product Liability Case?
A product liability case is one that deals with a creator or manufacturer’s liability in creating a safe product. In the case of benzene levels in sunscreen products, the case would be to determine the liability of sunscreen manufacturers in the causation of cancers and blood problems to the sunscreen users. When a consumer is injured or hurt by a product, they are eligible to file a product liability lawsuit against the manufacturers of that product.
Within a product liability lawsuit, a party must prove that the injury or illness their client has incurred is the responsibility of the other party. Product liability cases cover both defective design of products and lawsuits regarding the defective manufacturing of those products. They also cover a concept called “failure to warn.” In a case of defective design, it means that a product was inherently unsafe due to the way it was proposed. In a case of defective manufacturing, a product is rendered defective because of the way it was assembled or put together.
In a “failure to warn” product liability lawsuit, the case deals with manufacturers not communicating known issues or dangers with their products. A manufacturer has a responsibility to warn users of known hazards associated with the product unless the risk is so obvious that a warning should not be needed. A manufacturer or seller cannot be held liable if a product is generally known to be unsafe by an ordinary consumer.
Within the instance of benzene levels in sunscreen, the product liability case deals with defective manufacturing of sunscreen, as the sunscreen companies do not design their products to contain high levels of benzene. Additionally, it does not fall under a “failure to warn” lawsuit, because it’s not always known that the benzene included in sunscreen is above an allowable, FDA-recommended level.
What Should I Do if I’ve Been Affected by Benzene in Sunscreen?
If you or a loved one has been negatively affected by unhealthy benzene levels in sunscreen products, the time to take action is now. Gather all evidence you can and call an experience product liability attorney with a track record of proving negligence on behalf of pharmaceutical and manufacturing companies. Herrman and Herman has a history of success on these types of cases, and can help guide you through your unique situation and your case to help you win the damages you deserve to recover. Compensation for these unjust costs is possible, so call us today for a consultation on your case.
What Costs are Eligible to Recover in a Benzene Sunscreen Case?
As with other personal injury or car accident cases—which Herrmann and Herrmann also takes on—there are numerous costs that you may be eligible to recover in a product liability case. One such cost is medical costs. This includes the cost of treatments, prescriptions, and doctor’s and hospital visits as a result of the condition you developed from the benzene-containing sunscreen.
You may also be eligible to recover costs associated with lost wages. That is, if you miss out on work because of your medical condition and miss the wages you would have otherwise made, you could recover financially from that setback. This is one of the biggest financial consequences that you may not have even considered when it comes to totaling your damages from your cancer caused by sunscreen.
Another common cost that you may be able to recover in your case is payment from what is known as “pain and suffering.” Pain and suffering as a concept refers to those emotional, mental and physical effects as a result of injuries. This is typically classified as a “non-economic damage” as opposed to an economic damage. If you intend to fight for and win back expenses associated with pain and suffering, you must first understand how the courts in your area define and quantify “pain and suffering.” The definition of “pain and suffering” may vary from state to state, so always be sure to check in with your state’s legal definition. However, pain and suffering are often defined, legally, by including physical pain, anguish, and emotional effects. It could be specifically defined both physically and mentally with diagnoses from doctors, like your official cancer diagnosis, or a diagnosis post-traumatic stress disorder (PTSD) or anxiety as a result of your cancer development. All of these conditions would fall into the classification of “pain and suffering” in many states.
Contact a Texas Product Liability Lawyer Now
Contact our motivated and experience product liability and personal injury attorneys at Herrman & Herrman, P.L.L.C. for help. You want the experience of our attorneys on your side as you fight for the compensation you deserve from your benzene-related cancer diagnosis.
We provide legal representation to people who have been injured by others’ negligence in a range of cases including product liability, car accidents, truck accidents, motorcycle accidents, pedestrian accidents, premises liability cases, workplace accidents and slip and falls.
The quicker we start working on your case, the better able we will be to protect your rights to seek full compensation. Contact us for a free initial consultation.