New York Personal Injury Laws

Protecting Your Rights

When you’re injured on the railroad, the railroad will do everything they can to minimize your wage loss claim. They’ll try to interfere with your medical treatment. They’ll harass you. They may fail to offer you overtime you’re entitled to receive under the contract. They can penalize you in many different ways but the Federal Railroad Safety Act says they can’t do that to you as an interstate railroad employee. You can file a claim with OSHA and if OSHA doesn’t decide the claim within seven months, you can bring a lawsuit in the federal district court. At the Maurer Law Firm, we know how to protect your rights under the Federal Railroad Safety Act.

Steamfitter Exposed to Asbestos

You’re a steamfitter. You’ve been working your entire life with asbestos gaskets and pipe covering, and now you’ve been diagnosed with mesothelioma. And you’re struggling with how you’re going to handle your case.

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’ve represented many, many steamfitters over the years. And I can tell you that their exposures are always the same. Steamfitters work with pipes and gaskets each and every day, and steamfitters help to build this city.

 How Steamfitters Became Exposed

And in so doing they worked at every powerhouse, built the powerhouses. And were exposed to those asbestos gaskets, they’re in-between the flanges of every pipe in those powerhouses. The pre-fabricated gaskets as well as the sheet gaskets that you cut with thick shears to fit over those flanges.

And then you take a hammer and pound through the flange where the bolt hole is, so that you can make that gasket fit securely. While you were doing your work, other trades were working around you. Insulators were insulating some of the very same pipes that you were working on.

And they were insulating equipment that was nearby to your work. And while you were working on these pipes and dealing with these flanges, you were attaching these pipes to large pieces of equipment like boilers or pumps.

And those pieces of equipment were covered with asbestos, causing you to be exposed again. Well, there are many ways that steamfitters were exposed to asbestos, both from their work and from the work of others in their working vicinity.

Why am I telling you this? Because you’ve been exposed to asbestos. Over the years I’ve represented many members of the local 638 steamfitters union here in New York City. And each of them has talked to me and talked in their deposition in their case about their exposures to asbestos gaskets, to asbestos insulation, asbestos pipe covering.

And if you’re a steamfitter, I’m sure you had many of the same exposures. I’m sure you have many questions about mesothelioma. Well, I have the answers to those questions. I’m Joe Williams, and I invite you to call me at my office at the number below, and we’ll answer your questions. We represent mesothelioma victims every day. This is what we do, and I’ll be happy to speak to you. Thank you.

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

Car Accident Injury Claim

I handle serious personal injuries involving car accidents for cars and trucks. Those types of claims can be pursued in the courts but only if it’s a serious injury, because the No-Fault Law in New York requires that you have to have a fracture, you have to have a lost limb, you have to have a scar – something that’s permanent. If you don’t have a serious injury under New York No-Fault Law, you can’t pursue the claim.

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.

 Steps Specialists Take While Treating Mesothelioma

If you’ve been diagnosed with mesothelioma. So what types of doctors treat patients with mesothelioma? Hi, I’m Joe Williams I’m a mesothelioma trial attorney. I want to talk to you about some of the doctors that see mesothelioma victims. Initially, when a mesothelioma patient first presents with the signs or the symptoms of mesothelioma they see their family doctor, their intrest, their primary care doctor. That’s when a patient is talking about general weakness, malaise, maybe they’ve lost weight, maybe they’ve lost a lot of weight, they have shortness of breath. They walked up two flights of stairs and boy they’re huffing and puffing. They normally walk down the block a couple of blocks to get the newspaper every morning but now that’s a little but more difficult than usual. They go in to see their primary care doctor and explain. The doctor says let’s take an X-ray, let’s do some test. Let me send you on to a specialist. Now, usually after the primary care doctor the next doctor that a mesothelioma patient will see is a lung doctor, a pulmonologist. The pulmonologist is a specialist who deals with issues related to the lungs. So the pulmonologist is a doctor who’s probably seen mesothelioma patients before and can understand those signs and symptoms with a little bit more detail and can order some different tests. Things like a PET scan or perhaps based on the presentation of the tumor in the chest from PET scans or CAT scans or even from X-Rays the pulmonologist will refer the patient on to a surgeon. This surgeon is tasked with the job of finding out definitively what this is that is in this patient’s chest. They do that usually through a biopsy, a tissue biopsy that’s either done through a needle biopsy or through a surgical biopsy intraoperatively, often done with either a minimally invasive procedure called a video assisted thoracoscopy sometimes referred to as a VATS. Or if there’s difficulty locating the tumor there’s another procedure which is a more open procedure and that procedure is called a thoracotomy. But either way the area where the tumor is visualized is biopsied by the surgeon and that tissue is sent to a pathology lab to get a definitive diagnosis of what it is that’s growing in this patient’s chest. Now, once a diagnosis is made pathologically by a pathologist looking through a microscope at a slide at the cells and determining based upon different standing that can be done. That this is in fact malignant mesothelioma that it’s in this patient’s chest. Once that’s decided and determined then the decisions are, “What are we going to do for this patient?” There’s surgical options and that’s where the surgeon continues to play a role. There’s chemotherapy and radiation options. Now, chemotherapy is administered by an oncologist. So that surgeon would refer the patient to a caner specialist. An oncologist who would then consult with and evaluate the patient and their medical records and all their signs and symptoms and make decisions as to what type of drugs, pharmaceutical drugs, chemotherapy drugs can be administered to this patient to reduce the size of the tumor. Or perhaps to debulk it or reduce the size of the tumor in anticipation of a future surgery. Or if the tumor is advanced to just control or reduce the size of the tumor for palliative care, to reduce the symptoms or the pain response that a patient’s having. All of these doctors work together and coordinate with each other to assist a mesothelioma patient as they go through a diagnosis of mesothelioma. Now why am I telling you call this? I’m telling you because you have questions about mesothelioma. I’m Joe Williams, I’m a mesothelioma trial attorney and we deal with issues related to mesothelioma each and everyday. We represent patients and their families as they struggle through a diagnosis of mesothelioma. If you have questions I invite you to call our office and we’ll answer your questions. Thank you.

Companies That Caused Asbestos Exposure Went Bankrupt

You’ve been diagnosed with mesothelioma, and you’ve learned that some or all of the companies that were responsible for exposing you to asbestos have gone bankrupt. What do you do?

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that in every mesothelioma case that we handle, there’s two claims. One, as against all of those companies who are still in business, who are viable, still conducting business, and we bring a civil lawsuit against them related to their liability to our client for causing our clients mesothelioma.

The second type of claim is administrative claims involving the bankruptcy trusts that had been set up by all of those companies that have declared bankruptcy over the course of the past decades in order to avoid the civil liability associated with these lawsuits related to mesothelioma and asbestos.

So how are those claims filed? Well, we elicit exposure information from our clients regarding their exposure to the products made by these bankrupt companies. We then take that exposure information and we submit it to the trust that had been set up, and the trust reviews the evidence and the exposure information that was submitted. It’s important to remember that these trusts were set up because these companies, these corporations, declared bankruptcy, and their bankruptcy

Carpenters Exposed to Asbestos

You’re a carpenter, you’ve been exposed to asbestos and now you have mesothelioma. You’re trying to figure out what caused your mesothelioma. Hi, I’m Joe Williams and I’m a mesothelioma trial attorney and I can answer your questions about how carpenters who are exposed to asbestos. Now as a carpenter you worked with many things on large commercial job sites and also smaller residential job sites. But what we know about carpenters is they’re exposed to everything on those jobs. So a carpenter might be installing some cabinetry, might be working on some woodworking in one section of a room while another trade is putting up sheet rock and using asbestos containing joint compound. A carpenter might be doing some mill work in one portion of a room while another trade is starting the installation of asbestos containing floor tile 10 or 15 feet away. All of these are real exposures to asbestos dust for both the carpenter as a by stander and the floor tile mechanic or the dry wall taper who’s working with that asbestos containing joint compound. In addition, many carpenters over the years have told me that they also did these other types of construction work that put up walls with sheet rock and asbestos containing joint compound. That they installed asbestos containing ceiling tiles and drop ceiling. That they worked with asbestos containing floor tiles themselves. That that was all part of the work that they did as a carpenter. As a carpenter it’s not just the work that you did it’s certainly the work you did as well as the work that others did around you. All of this work created asbestos dust from working with various asbestos products which you breathe and that is one for the reasons why you have mesothelioma. I’m sure you have many more questions about mesothelioma and we can answer your questions. I’m Joe Williams, we represent victims of mesothelioma everyday. I invite you to call my office at the number below and we’ll answer your questions. Thank you.

Mesothelioma Trust Fund

Mesothelioma victims may have access to trust funds which are in excess of 30 billion dollars designed to compensate them for their diagnosis of mesothelioma. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to give you some information about the trust funds that have been put into place as a result of certain asbestos companies declaring bankruptcy.

 Corporate Response

Now over the course of the last decades, there have been more and more lawsuits against the entities, the corporate entities, that made or used asbestos products and caused exposure to workers, which gave them mesothelioma. In order to avoid the liability of these lawsuits, many of these companies, these corporate entities, have sought out in the bankruptcy courts to reorganize their business. The goal being to allow them to stay in business, but to also compensate the people who were diagnosed with mesothelioma.

 Setting Up the Trust

There’s a process involved, and eventually the court must approve the amount that is put into trust by the corporate entity. Once that’s done, and the trust is set up, current and future claimants, people who get mesothelioma, can make claims against those trusts, claims based upon the specifics and the evidence of their asbestos exposures.

Now it’s important to know that there’s up to 60 different trusts that have been established over time, and these trusts are funded with different amounts. But the total amount is in excess of 30 billion dollars.

 Questions or Concerns, Call Us

I’m Joe Williams. At our firm, we deal with mesothelioma victims and their families and the different claims that they have available to them every day. You have questions about mesothelioma, and about the asbestos bankruptcy trusts that have been set up to compensate victims of mesothelioma and their families, I invite you to call our office. We can answer your questions. Thank you.