New York Personal Injury Laws

Diseases Caused by Asbestos Exposure

Let’s talk about some of the diseases that exposure to asbestos can cause. Hi, I’m Joe Williams. I’m a mesothelioma and asbestos attorney in New York City. I can answer some questions for you as to the asbestos related diseases that are widely accepted in the medical and scientific community. These would be broken down into two types of diseases.

Non-Cancerous Diseases

The first are what we call scarring diseases, which are not cancerous diseases. The second are malignant diseases, which are a cancer process. So the first two diseases I’ll talk to you about is asbestosis and pleural plaque. Asbestosis is a fibrotic scarring of the inside of the lungs. The doctors will call it the parenchyma or the meat of the lung. A fibrotic scarring on the inside of the lungs, which can cause a lot of disability. It’s not cancer, but it can be quite serious.

The next non-cancerous disease is known as pleural plaques. And the pleura is a sac-like lining outside the lung. So if you think of a piece of saran wrap. That’s the texture of the pleura. And the pleura can develop scarring from the asbestos fibers that a worker breathes in over the course of their life. On a CAT scan, or even sometimes on an X-ray, these show up as what’s called as pleural plaques. Again, not cancer but can be serious.

Cancerous Diseases

With respect to the cancerous diseases, there’s two that I want to focus on today. The first is lung cancer. Lung cancer is a cancerous tumor, a malignant tumor in the meat of the lungs, in the lung parenchyma. And the second cancerous diseases caused by asbestos that I want to focus on today, and it’s certainly the most important asbestos related disease because of the severity of it, is malignant mesothelioma.

Malignant mesothelioma of the pleura is a cancerous tumor that grows on that pleura surface that I described a moment ago, that saran wrap-like sac that surrounds the outside of the lung. This malignant mesothelioma tumor grows in a diffused pattern. If you think the rind of a grapefruit. Sometimes people think of a cancerous tumor as, what we call like a golf ball tumor. Malignant mesothelioma doesn’t grow in that way. It’s more of a diffused pattern, like the rind of a grapefruit, and it’s caused by exposure to asbestos.

Now I’m sure you have many other questions about the disease pattern and the diseases caused by asbestos, and we can answer those questions. I’m Joe Williams and everyday at our firm, we handle cases from mesothelioma victims and their families. And we certainly can answer your questions, and we’d be happy to do that. I hope you found this video informative, and I thank you very much for watching.

Plumbers Exposed to Asbestos

Did you know that plumbers were exposed to asbestos during the construction of the World Trade Center? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can give you some information about the types of exposures to asbestos that plumbers faced during the construction of the World Trade Center site.

Large Quantities of Exposure

The World Trade Center site, composed of seven different buildings, was a massive construction project, and the plumbers union had a very large presence during the building of the seven buildings. The buildings at this site required massive quantities of water, hot water and cold water piping running throughout the site. The plumbers’ work at the World Trade Center site exposed them to asbestos in the form of asbestos pipe covering, asbestos gaskets, asbestos insulation that covered the equipment that the plumbers worked with on a daily basis at the World Trade Center site. In addition to their own work, the plumbers who worked at the World Trade Center site could have also been exposed to the work of other trades – trades who are working with asbestos-containing floor tile, or asbestos-containing joint compound, or asbestos-containing fireproofing – exposed as bystanders to the work of others.

You have questions about mesothelioma and exposures to asbestos at the World Trade Center. I’m Joe Williams, and at our firm we handle cases everyday for mesothelioma victims and their families. I invite you to give our office a call. We can 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.

Superbug CRE Linked to Infection, Disease and Death

Could a common medical device used in endoscopic procedures be linked to one of the most deadly diseases of our time? Let’s take a look at the facts. Antibiotic overuse and a nightmare of superbug have taken a heavy toll on Americans. As new drug-resistant diseases flourish in hospitals. What’s more, an estimated 40,000 harmful and lethal errors occur everyday in medical facilities. The Center for Disease Control reported that 1 in 25 patients develop a hospital acquired infection. In 2011, an estimated 722,000 hospital patients contracted an infection while under acute care. 75,000 died as a result.

A superbug called CRE, carbapenem-resistant enterobacteriaceae appeared in 2001 in the United States. CRE is resistant to a class of antibiotics called carbapenem which are often used as a last resort against deadly bacterial infections. More than 500,000 patients undergo endoscopic procedures using duodenoscopes in the US every year. These medical devices are used for diagnosing and treating cancers, gallstones and other digestive ailments.

Use of Duodenoscope

A duodenoscope is a thin, flexible fiber optic tube that is inserted down the patient’s throat to allow a doctor to examine an organ. The problem for patients, is that the intricate design of the device makes it extremely difficult to disinfect. Even meticulously cleaning the devices does not eliminate the risk of transmitting infection. The design allows for efficient procedures while leaving the patient at risk for infections passed from other patients. Even if cleaned according to the manufacturer’s instructions, the risk of multidrug-resistant bacterial infections persists. For years, hospitals, clinicians, the CDC and researchers have been warning the Food and Drug Administration about the problems associated with procedures using duodenoscopes.

John Allen, a professor at the Yale School of Medicine tells us that we have known about this even as early as 1983 or 1984. With half a million patients undergoing procedures involving the duodenoscope, which is difficult to properly sterilize, patients are left with questions about their safety. Researchers give little hope regarding CRE, saying that, there is little chance that an effective drug to kill CRE bacteria will be produced in the coming years.

CRE Medical Malpractice Lawsuits

Given the lack of available information, many have pursued medical malpractice claims after lost of loved ones or suffering severe illness and having to be hospitalized for months. Now, we are able to see the problem is not with the medical facility, as they have been given a device which is at its core defective without proper means of sterilizing. Share this video today. Americans have suffered in hospital beds for months because of how little these facts are publicized.

Share this video with your friends and family, so that they can be aware of the risks of this seemingly harmless procedure. If you think that you or a loved one has suffered from a superbug after undergoing a duodenoscopic procedure, call our team today. We have worked with people like you across the nation. It cost you nothing to consult with our team. We only get paid if and when you get compensated. Call today for a free consultation at 888-LAW-8500. That’s 888-529-8500 and visit us online at lawyersusa.com/superbug.

By: Steven Gacovino

Putting Together a Mesothelioma Case

How is a lawsuit started for a mesothelioma victim? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the first thing that is done to start a mesothelioma case, is a very thorough investigation.

 Gathering Evidence

And one of the most important parts of that investigation is, a conversation with the victim of mesothelioma and with their family. And during those conversations, and they’re just general talks in the victim’s home, we talk about all the ways that that victim could have been exposed to asbestos during the course of their life.

In all the different settings, whether it’ll be at work, at home, through family members, environmentally. We talk about all the possible exposures that that particular person could have had. We then take that information and do a thorough work-up of the case.

An investigation of job sites, of different places where exposure to asbestos could have happened for this particular victim. We then take all that information and we formulate a legal document. It’s called a summons and complaint.

 What To Do With the Evidence

And a summons and complaint is the document that starts off a legal case. It basically accuses the defendants, the companies the cases are brought against, of wrongdoing as it relates to this particular mesothelioma victim.

That document is prepared, and because mesothelioma victims are suffering, and because time is of the essence, and timing is very important, it’s important to know that in New York state and in many states, we are able to file this document electronically.

We file it immediately. It’s filed electronically, and then we serve the document through our process service on these companies in every state in the United States. And this whole process can happen within days.

We move at light speed with respect to mesothelioma cases because of the nature of this disease. You may have many more questions about how a mesothelioma case is started, and we can provide the answers to your questions.

I’m Joe Williams. At our office we represent mesothelioma victims and their families every day. These are the kinds of cases that we handle each and every day, and we’ll be happy to answer your questions. I encourage you to call the number on your screen below, that’s my office number, and we’ll answer your questions. Thank you.

Do Pharmaceutical Companies Hide Negative Test Results?

Today on You be the Judge. Do pharmaceutical companies have the ability to control which studies are published about their drugs? Can studies showing bad results be hidden? Are doctors being misled about the benefits of some drugs? Modern medicine has worked many wonders, and helped millions, perhaps billions of people worldwide. Due to the profitability of drug manufacturing, pharmaceutical companies are able to afford expensive, in-depth research, to develop new medications that save people from devastating and life-threatening health problems.

When drug makers seek to create new medicines, they fund extensive research and testing, before releasing the medications on the market. Doctors then rely on this research, to decide for themselves, whether the drug is suitable for their patients. As a patient, you are then given information to decide whether you are comfortable with the potential side effects. But there is a problem. Drug makers are the ones funding and conducting the studies that validate their products.

Research Disproving Pharmaceutical Claims

Award winning physician and writer, Dr. Ben Goldacre, has compiled extensive research by experts from around the world, into his most recent book, Bad Pharma. Dr. Goldacre explained that researchers outside of the pharmaceutical industry have been examining the studies provided by drug makers, and comparing the reported results, with those found in independently-funded trials. These researchers found that the industry-funded trials produced a significantly higher rate of favorable outcomes for their drugs, than did the trials that were funded independently.

Reboxetine Example

Here’s another example of how the flow of information is distorted. Reboxetine is an antidepressant used to treat depression, anxiety, panic disorders, and ADD/ADHD. At one point, it was considered to be one of the most effective drugs of its kind and was prescribed worldwide. Later, researchers gathered the data on all the trials ever conducted on Reboxetine. Dr. Goldacre shows that out of the seven trials comparing Reboxetine against a placebo, only one yielded a positive result, and this was the only one published in an academic journal. The other six trials, all using substantially larger samples of patients, showed that Reboxetine was no better than the placebo sugar pill. Many other studies on Reboxetine were never published, including those that showed its negative side effects maybe worse than other competing drugs.

Originally, doctors, including Dr. Goldacre, reviewed the published trials to determine if Reboxetine was effective and good for their patients, unaware of the other studies that found the drug to be non-beneficial. From a legal standpoint, drug makers are doing nothing wrong by withholding test results. But what do you think about this?

By: Edward Lake

Medicare Reimbursement

If Medicare pays the bills for a mesothelioma victim’s treatment, will they seek to get that money back? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the answer to that question is most probably yes. There are both federal and state laws that govern the procedures that are followed when dealing with Medicare and their pursuit of getting their money back in the form of a lien. Medicare generally puts both the mesothelioma victim and their attorneys on notice that they are seeking to get this money back. They assert what’s called a lien, and that’s just the legal process wherein an entity like Medicare asserts legal rights to the money.

There are rules governing the disclosure to Medicare of certain settlements. We make sure that Medicare is paid back, and importantly, there’s an entire disputes and appeals process under these federal laws that allows us to dispute certain liens and lien amounts if they’re not appropriate. There’s a process in place, and at my office, we have a process in place to scrutinize the lien and the bills that Medicare asserts that they are owed. We take care of evaluating any of those bills and checking them to make sure that they’re appropriate, and in many circumstances we get them reduced.

You’re watching this video because you have questions about mesothelioma and potential Medicare liens. We have answers. I’m Joe Williams, and at my office we deal with these claims everyday. We represent mesothelioma victims everyday. I encourage you to call my office at the number below and we’ll answer your questions. Thank you.

How Do Trucking Accidents Happen

Trucking accidents are typically a result of negligent driving, manufacturing defects, or improper maintenance of a truck. Injury form truck accidents can be catastrophic and sometimes deadly. You need an attorney that knows the rules and manufacturing standards when it comes to the trucking industry to ensure that you collect the damages you’re entitled to.

Being seriously injured in a trucking accident can be a very overwhelming process. Contact me

Slip Or Trip And Fall

I’m Ira Maurer with a public service law tip regarding slip and fall or trip and fall accidents in New York.

 Liability For The Fall

What exactly do you have to prove if you’re a victim of such an injury? Property owners in the state of New York are liable for injuries if they created a dangerous condition, or they knew about an unsafe condition and failed to take reasonable steps to fix the condition, or they should have known about the condition had they conducted reasonable periodic inspections.

Once you establish that the defendant created the condition, or knew or should have known about the condition, the next thing you have to prove is what actually caused your injury. Juries are not allowed to speculate as to the cause of an injury. If the plaintiff – the injury victim – cannot prove exactly what caused the injury, their case will be dismissed.

 Example

In a snowstorm, for example, property owners are entitled to have a reasonable amount of time to respond to a dangerous condition, clean up the mess – the snow and the ice – after the storm. There’s something called the Storm in Progress Rule. Basically the property owner is not expected to get rid of a slipping hazard while the storm is in progress. They’re entitled to a reasonable amount of time to pass after the storm for them to clear up the slipping hazard. However, if they don’t wait until after the storm and they actually engage in cleanup during the storm, if they create an unsafe condition in the process, or they exacerbate a naturally unsafe condition as a result of what they do, they may still be liable even though the storm wasn’t over yet.

So, if you’re a slip and fall victim and you’ve had an injury in New York, these are some of the basic things you need to know about. For more information, contact the Maurer Law Firm website at maurerlaw.net.