New York Personal Injury Laws

Boil Maker Vulnerable to Asbestos Exposure

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I want to talk to you about a particular client I had and explain to you how he proved his exposures to asbestos. Now, this client, a former client of mine his name was Don and he was diagnosed with mesothelioma. He was a union boil maker who worked in the local power houses here in New York City for many decades. Through the course of his work he was exposed to all kinds of asbestos. Asbestos cement, asbestos block, asbestos pipe covering, asbestos refactoring. Now, the thing about Don that was very interesting is that Don was a brilliant guy. Don barely graduated high school, didn’t go to college, wasn’t a doctor or lawyer or any of those things. He was a union boiler maker. But boy, did he know what he was talking about. When it came time for him in the fight of his life and his deposition to talk about his exposures to asbestos he did a tremendous job of talking about all the ways that was was exposed to asbestos. He has an incredible memory and he was able to document through his great memory and his strong mind all the ways that he was exposed to asbestos. I have to say it was one of the great pleasures I’ve ever had working with such a knowledgeable and informed client. Don had a very successful and strong case and you may have a similar case. But every case is different. It’s depends on large part on the work up and effort that’s put into the case. To work on the case with the client to establish these exposures to asbestos so that we can prove them and resolve the case in a favorable way. Now, you have I’m sure many questions about how you prove that you were exposed to asbestos in the different ways you were exposed. We can answer those questions for you. I’m Joe Williams and at our firm we handle cases for mesothelioma victims everyday. Pick up the phone and call us at the number below and we’ll answer your questions. Thank you for listening.

Mesothelioma Claim Availability

You’ve been diagnosed with mesothelioma and you want to bring a claim, but you assume that after all these years, the companies that made asbestos products or used asbestos products, they must be out of business. How could you possibly bring your claim?

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I can give you some information about the asbestos companies and how you can make claims against these companies.

 Bankrupt Companies and Companies In Business

It’s important to recognize that many of the companies that made asbestos products, and many of the companies that used asbestos products, many of them have filed for bankruptcy protection. They’ve gone out of business. Other companies that used asbestos with their products have not gone out of business. They’re viable corporate entities still in business. So, we have bankrupt companies and companies who are in business. It’s important to know that when claims are considered for mesothelioma victim and their family, both avenues must be traveled – claims against companies that are out of business and bankrupt, and claims against companies that are in business and viable.

Making a Claim against Out of Business and In Business Companies

The viable companies, we go after them with a lawsuit, and we bring an action against them based upon the facts and evidence of the individual mesothelioma victim’s case. For the companies that are out of business – companies who made bags of asbestos insulation that was put on pipes, companies that made asbestos gaskets and all kinds of asbestos products – many of them have filed for bankruptcy protection. But, the courts have required them to set up trust funds so that future victims of mesothelioma will be compensated for their exposures to asbestos from that product. It’s a condition of them being able to reorganize their business and stay in business.  A victim of mesothelioma can make claims against the money that was put into trust for that very purpose. It’s important to know that there’s up to 60 trusts that have been established for these bankrupt companies, and those trusts have been funded with up to $30 billion.

 A Lawsuit Versus A Claim

So, a mesothelioma victim can make claims against companies that are in business, through a lawsuit, and that same mesothelioma victim also has the opportunity to make claims against the companies who have gone out of business by making claims to the trust – claims to that $30 billon that’s being held in trust for claimants just like that mesothelioma victim.

You have questions about mesothelioma, about the claims that can be made for a victim of mesothelioma? I’m Joe Williams. At our office, we handle these claims everyday. We help victims of mesothelioma and their families each and every day. Give us a call at our office and we’ll answer your questions. Thank you.

Pleural Mesothelioma

How does a person get pleural mesothelioma? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and in order to explain to you the general ways in which mesothelioma forms in the human body, I need to talk to you a little bit about the process of how those fibers get into the system.

World Trade Center Builders Exposed to Asbestos

Did you know that dry wall installers at the World Trade Center site were exposed to asbestos?

Hi, I’m Joe Williams, I’m a Mesothelioma trial attorney, and I can answer some question that you might have about Mesothelioma exposures at the World Trade Center site.

Now, the World Trade Center, composed of seven different buildings, was the most massive construction project of its time when it was building, staring in the late 1960s and into the 1970s. And the internal walls of what was primarily office buildings were built with sheetrock. So we’re talking about massive quantities of sheetrock that was installed at the World Trade Center site by Union Drywall installers.

 Different Exposures of Asbestos

Now, when these boards of sheetrock were put up, in between the seams of each of the boards at the entire site, joint compound was installed. And it was either in a dry mix, it was mixed with water, or it was already premixed and came out of a bucket. But either way it was put between the seams wet, allowed to dry, and then sanded down. And usually tradesmen did two or three coats of this, sanding it down between each coat. And that happened throughout the entire site.

 Asbestos Products Banned

Now why is that important? It’s important because up until 1977 most joint compound continued asbestos. In 1977 the Consumer Product Safety Commission banned the use of asbestos in joint compound. But before that time and during the construction of the World Trade Center, that joint compound had asbestos in it. It exposed all of these Union Drywall workers and other tradesmen who worked in the area to large quantities of breathable asbestos dust.

Now, you have Mesothelioma and you have questions about asbestos exposure, especially exposure that could have happened at the World Trade Center site. I’m Joe Williams and our law firm we handle cases for victims of Mesothelioma and their families every single day. I invite you to give us a call and we will be very happy to answer your questions. Thank you.

Stresses of Mesothelioma

You’ve been diagnosed with mesothelioma. You’re suffering, you’re feeling lousy, and you’re just not sure if you’re going to go ahead and pursue your legal rights from your exposure to asbestos. Perhaps it’s just too difficult, or too much to handle right now. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I’d like to talk to you about the stresses that a client faces when dealing with a diagnosis of mesothelioma.

This diagnosis is a terrifying diagnosis. The doctor sits you down, and perhaps after a biopsy, talks about this bizarre word, mesothelioma, that you probably never heard before. Perhaps tells you about what it is and what can happen, and all of the very fearful things that you could be in for as a victim of mesothelioma. Perhaps the very last thing in the world you’re thinking about is, “Well, let me pursue a legal case related to my asbestos exposure.” My response to you is, I totally understand. A lot of my clients say the same thing. It’s a very normal reaction.

What I tell my clients, and I’ve had many clients say this to me, and what I always tell them is, as the lawyers who for a living every day represent victims of asbestos exposure, persons who have been diagnosed with mesothelioma, at least half of our task is focused on taking those stresses away from you. Handling your case in such a way so that it doesn’t stress you out. Not bothering you with all the minute details and stressors that you don’t need in your daily life.

Things like a deposition – that sounds like a horribly daunting thing to have to go through. Well, in most mesothelioma depositions that we do, we either go to the victim’s home, or we do the deposition in a hotel conference room right near their house, so that they don’t have to travel. Travelling for someone who’s sick is very difficult. It’s really the last thing you want to do is get in a car, or a car service, and travel out to a lawyer’s office. In my circumstance, my office in New York City.

Things like signing papers. In a normal case, clients travel to the lawyer’s office. In a mesothelioma case, the lawyer for a mesothelioma victim understands what the victim is going through. We go to you. The lawyers go to your house. We sit with you, and talk about your concerns and your problems.

Medical bills – these kinds of things stress out the family members, and the victim themselves, all these medical bills that pile up. Well, it’s important to have a process in place to deal with the bills from Medicare, and to deal with the bills as they pile up, and to know that in a mesothelioma case, one of the claims in the case is for repayment of those very medical bills. The point I’m trying to make

Talcum Powder Usage Can Cause Harm

What you’re about to hear may seem unbelievable. We need to get the word out so we can protect our women today and our children tomorrow from this dangerous product. Ovarian Cancer, the eighth most common cancer in the U.S., and the fifth leading cause of Cancer death. Each year, nearly 20,000 women in the U.S. get Ovarian Cancer.

A common everyday product is estimated to contribute to approximately 10% of Ovarian cases each year. 40% of us women are estimated to use this product. People might say, “Everybody everywhere uses this product. How can it be connected to Ovarian Cancer?” The label carries no warning. No one would expect this product to have such a severe side effect. People consider it so harmless, they use it on their children. Manufacturers are not likely to warn consumers unless they are forced to by the government.

By: Steven Gacovino

Dangers of Distracted Driving

You’re driving down the road, and you see that guy, the one holding-up traffic because his attention is one his cellphone. You shout at him, “Really?” You think to your self, “That idiot is going to hurt somebody.” Some people just don’t mixed their phone and driving as well as you do. Well, at least you think you mixed them well.

Let’s consider this thing called: distracted driving. Let’s call it any activity that can divert a person’s attention from the primary task of driving, such distraction include: grooming, texting, eating, changing the radio station, talking on a cellphone and so forth.

Humans have long claimed the ability to multitask, and with our current culture, technology saturation at an all time high, people believe more than ever that they are good multitaskers. While it’s possible to do more than one thing at a time, the human brain is incapable of devoting sufficient attention across multiple tasks, when just one of them require much attention.

Earl Miller Distracted Driving Research

MIT, neuroscientist, Earl Miller, puts it bluntly. You’re not paying attention to one or two things simultaneously. He says, “You’re actually switching between them very rapidly.” Even the things we do very well, with little conscious thought, can be a big bite out of the mental capacity which has strict limits by nature. Talking on the phone is easy, but it uses up mental capacity, and depending on the conversation, it can eat up most or all of our attention.

Dr. Miller says, “We’re mistaken when we believe we’re paying attention to everything around us when we multitask.” Psychologist say we’re also prone to inattentional blindness, that’s the failure to notice something even when we’re looking right at it. One of the most famous study to show this phenomenon involved an invisible gorilla. Participants watched a video of six people passing basketballs, and counted how many times the players wearing white passed the ball. In the middle of the video, a woman in a gorilla suit walks into the middle of the screen, thump her chest, and then leaves. About 50% of the participants didn’t even notice the gorilla – they were demonstrating inattentional blindness.

Consider the Following Factors that Can Affect Inattentional Blindness.

One: Obviousness

This has to do with the object’s ability to catch our attention. For example, especially on a rainy day, a gray car pulling out in front of your car would not be as conspicuous as a bright red car.

Two: Expectation

When we expect certain things to happen, we might overlook or blackout to what actually is happening. For example, if we expect the car up the road to be moving, when it’s really stalled, we may not realize we’re approaching the stalled vehicle at high speed. Three: capacity. As stated earlier, we can spread our attention around only so far. Even when we are expert at something, the activity consumes a certain amount of attention. Talking on the phone, texting, dialing: each demands part of our mental capacity, and can easily compete for the same resources we need for staying aware of our surroundings.

Distracted Driving Risk

Distractions can blind the mind the things around us, and driving is one of the most dangerous activity the average american engages in, with approximately 33,000 traffic fatalities annually. So we have a choice, will I pretend to be an expert at multitasking while driving, and put my mind at greater risk for inattentional blindness, increasing the possibility that I will harm other, and myself too, or will I choose to drive cell free with myself off as many distractions as possible and devote my mind to safer driving?

Take the pledge to drive cell free at www.drivecellfree.net. You can also download our free eBook: Distracted Driving, The Multitasking Myth. It will tell you more about the psychology behind inattentional blindness, bust the myth that talking on the phone is the same as talking to someone in the car, give you interesting and practical facts and statistics surrounding distracted driving, and explain some of the legal ramifications of distracted driving – go to www.drivecellfree.net. Finally, to help make our street safer, we invite you to share this video with your friends and family.

By: Steven Gacovino

Lab Workers Exposed to Asbestos

Did you know that asbestos was used in various types of lab equipment? And that asbestos could cause lab workers – lab technicians – to develop mesothelioma later in life? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about some these asbestos exposures. Now, in a lab setting, lab workers, lab technicians, work with gloves. Back years ago, those gloves when picking up a heated beaker or a hot surface– those gloves could have been asbestos gloves – gloves actually made with asbestos components. They worked with aprons for their safety protection. Ironically, these gloves were used as a safety precaution, yet they contained asbestos. Additionally, aprons that the lab technicians would wear, often times contained asbestos, to protect from heated objects, or perhaps ovens that they were working with during their lab experiments.

Asbestos pads and asbestos mats were used in lab settings. Wire mesh screens were used in lab settings. All of these things decades ago, could have contained asbestos, which exposed the worker – the lab technician – to asbestos dust during the course of their work each day, every day, over a course of a career. These exposures could cause a lab technician to develop mesothelioma years later. I’m telling you all this because you have questions about mesothelioma, and how mesothelioma is caused.

I’m Joe Williams. At my office, we deal with these issues each and every day. We represent victims of mesothelioma and their families. If you have questions, I invite you to call us, and we’ll answer your questions. Thank you very much.

The Jones Act and Mesothelioma

You were a civilian seaman on private shipping line ships years ago and you now have developed mesothelioma. So what do you do about it? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney and I want to talk to you about the asbestos exposures that civilian seamen experienced when working on these ships.

There’s a very important federal statute that applies to protect civilian seamen for their work on board ships and that’s The Jones Act. And The Jones Act is a federal statute that holds the owners of the ships responsible to the seaman for any unseaworthiness of the vessel. So, if the ship contained asbestos products that made the seaman sick with mesothelioma later in life that could be a claim that’s made under The Jones Act.

I want to talk to you about a particular client of mine who was actually a tugboat captain and this particular client was exposed to asbestos from the steam pipes from the boiler and equipment that drove the power to run the tugboat. And his experience is similar to that of a merchant marine sailor who could work in all the compartments in the ship including the engine room, and work around the boiler, and around the equipment, and work near steam pipes that were being repaired or maintained. All of these things creating asbestos dust that the seaman would breathe. And it’s that asbestos dust and that continual exposure – in the case of my client 40 years of exposure to asbestos dust on tugboats – it’s those exposures over a career as a seaman that allow that seaman, under The Jones Act – this federal statute – to bring the claim against his employer, the owner of the vessel. And a claim is brought for the illness – the mesothelioma diagnosis – which was caused by the exposure to asbestos those many, many years ago when the civilian seaman was on board that vessel breathing in the asbestos dust from his work on board ship.

I’m telling you all this because you have questions about mesothelioma and questions about the types of asbestos exposures that civilian seamen would face. I’m Joe Williams and at my office we deal with mesothelioma clients and their families every day, and we deal with these issues every single day. I invite you to give a call to my office, we’ll be happy to answer your questions. Thank you.