New York Personal Injury Laws

Railroad Workers Exposed to Asbestos

How were railroad workers exposed to asbestos, and what can they do about it if they get mesothelioma? Hi, I’m Joe Williams, I’m a mesothelioma trial attorney and I want to talk to you about the types of exposures that workers on the railroad would have confronted during the course of their working career.

Protection With FELA statute

The first thing you need to know is that railroad employees are protected under the FELA statute. It’s a federal statute, the Federal Employers Liability Act, which requires the railroad to provide a safe working environment for their railroad employees. So if the railroad was negligent and not providing a safe working atmosphere, and if the employee gets sick and gets mesothelioma as a result, the railroad can be held legally responsible for that.

 A Former Client

Let me illustrate this by talking to you about a former client of my office who was a railroad worker. Now, this railroad worker worked on locomotives and trains as well as the cars themselves and he was exposed to asbestos from the insulation on the exhaust system of the locomotives, to asbestos from the controls and switches in the electrical components of the cars themselves, and he was exposed to asbestos from the work that others did around him with asbestos containing brakes that existed on the cars. There was also iron brakes, but some of them were made of asbestos. All of these exposures contributed during the course of a working lifetime to, unfortunately, give this client mesothelioma, and when he was diagnosed with mesothelioma he wanted to know what he could do about it. After an understanding that the FELA statute was designed to protect him, he was able to bring a claim against the railroad under the FELA statute.

Now why am I telling you this? It’s because you have questions about mesothelioma and the types of exposures that railroad workers would confront on the job. I’m Joe Williams, at my law firm we represent mesothelioma victims each and every day, and we deal with issues like this every day. If you have questions I invite you to contact our office. We are here to answer your questions. Thank you for listening.

Seeking Legal Help

You’ve been diagnosed with pleural mesothelioma; you and your family are very stressed out, you’re not feeling well, and you want to wait a while before you take on perhaps the stresses of a legal case even though you know you were exposed to asbestos. Let me explain to you why that’s not a good idea.

Some Medical Information

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about mesothelioma and why it’s important to get help right away in seeking justice for your mesothelioma diagnosis. I have next to me an anatomical drawing of a right-sided mesothelioma, and in this diagram we see a lung. The lung parenchyma here is represented by this tissue, and we can see it’s scarred and fibrotic, that’s called asbestosis, an indicator of a lot of asbestos exposure over a long period of time. And this area here, this yellowish-white area, is a malignant mesothelioma tumor.

This tumor grows in a diffuse pattern, and it’s been described as growing sort of like the rind on a grapefruit, and it grows and encases the lungs and causes shortness of breath, and as it grows and gets bigger and thicker a patient has more difficulty breathing; more difficulty expanding their lungs, because their lung are being collapsed by this tumor, which pushes against both the bony ribs, but the bony ribs don’t move, so it pushes against the spongy lung tissue and causes the lungs to contract and causes the patient to not be able to get a full breath, causes the patient to be short of breath.

As mesothelioma progresses, and unfortunately it progresses very, very quickly, over the course of months the mesothelioma tumor can grow outside of the lung and go from a stage 1 tumor to a stage 2, 3, or 4 tumor based upon the spread of the tumor to local and distant sites. And it’s important that mesothelioma is a malignancy that grows quite quickly, so it’s important that even though a person who’s a victim of mesothelioma is feeling quite lousy and is very upset it’s important at the onset, to seek out whatever legal help you’re going to seek.

So that that way qualified, confident people can get to work for you to help you seek justice while you’re strong, while you’re able to memorialize all your exposures to asbestos, while you’re able to discuss all the ways that you think that you were exposed to asbestos.

You have questions about mesothelioma. I’m Joe Williams. At our office, we represent mesothelioma victims every day. I invite you to give a call to our office, we’ll answer your questions. Thank you very much.

Boiler Makers Exposed to Asbestos

You’re a boiler maker, and you built boilers and powerhouses in large industrial and commercial buildings. Now, you’ve been diagnosed with mesothelioma and you’re trying to figure out all the ways that you could have been exposed to asbestos.

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can answer questions about the ways that boiler makers were exposed to asbestos.

A union boiler maker built the boilers in the powerhouses, built the boilers in the largest structures in the cities in America. I can talk to you about one particular client of mine who was a union boiler maker, who worked in the local powerhouses here in New York City. His work involved construction and erecting huge multistory boilers, in some circumstances ten stories high, in powerhouses, in power generating stations. This work involved working with and sawing with a saw asbestos block, mixing asbestos cement and applying it to different parts of this boiler apparatus, using this mixed asbestos cement and applying it to steam pipes and hot water pipes, working with flange gaskets, cutting asbestos-containing gaskets to put between metal flanges on pipes, working with packing inside of valves and inside of pumps. This boiler maker that I’m speaking of, this former client of mine, was exposed to asbestos in all of these ways.

These are just some of the exposures that a boiler maker would have. You have questions about how a boiler maker was exposed to asbestos? We can answer those questions. I’m Joe Williams. At our office, we represent victims of mesothelioma everyday. I invite you to call our office at the number below and we’ll answer your questions. Thank you.

Signature Disease

Mesothelioma has been called a signature disease, a signature of asbestos exposure. So, what does that mean? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’m going to answer this question for you by explaining to you what a signature disease is. So, a doctor, or a scientist, the physician, whenever they see a patient with mesothelioma, they immediately think asbestos exposure. And why is that? That’s because mesothelioma is a signature disease. The disease bears the signature of the exposure to asbestos. So, every physician who is evaluating a patient’s mesothelioma case, will immediately be looking for asbestos exposures. The known and widely accepted cause of mesothelioma is exposure to asbestos. That means that all the physicians know to a certainly that that particular patient who’s been diagnosed with mesothelioma was exposed to asbestos. Now, sometimes patients think mesothelioma is a form of cancer. What kind of things have I done in my life that could have caused me to get cancer? They start thinking about things like smoking cigarettes. Well, I can tell you that there’s no doctor in the world that would say that smoking cigarettes caused mesothelioma, because it doesn’t. They think, “Well, I was exposed to a lot of chemicals,” or “I was out in the sun.” We tend to think about all the things that we know are known carcinogens, but mesothelioma is a very unique cancer, only 2,000 cases diagnosed per year in the United States, and the widely accepted cause of mesothelioma is asbestos, not these other things that sometimes we think of. So, persons exposed to asbestos fibers, it takes years and years for the asbestos fibers to cause malignant mesothelioma, and in this position of years later tracing back what your possible exposure to asbestos could have been. I encourage you to call my office. I’m Joe Williams, and we answer questions from mesothelioma victims every day. We represent mesothelioma victims and their families in court every day, and we can answer your questions. I hope you found this video informative, and thank you very much for watching.

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

Case Continuing After Victim’s Death

Does a mesothelioma victim’s case continue if unfortunately they pass away during the pendency of the case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that the answer to this question is “yes”. There’s a process in place in the courts in New York, and in really all states, wherein a litigant who brings a case, if they are unfortunate enough to pass away during the pendency of the case, the court can substitute someone in their place to carry on the case to it’s conclusion.

 Surrogate’s Court

Generally what happens is an application is made to a different court, it’s called the surrogate’s court. This other court, this surrogate’s court, when I say this other court, it’s not the same court where the case is brought. It’s a court that deals specifically with these things, that’s why it’s called the surrogate’s court. The surrogate’s court will decide who it is that stands in the shoes of the person who passed away, the person who brought the case. The asbestos exposed worker who passed away from mesothelioma.

The surrogate’s court will make this decision based upon a few things. The most important of which is a will. If the person who died had a will, and appointed an executor, well the surrogate’s court will certainly take that into account, and in many circumstances appoints that executor as the person who’s in charge of the civil case, of the mesothelioma case, to bring it to its conclusion. If the person who died did not have a will, well the surrogate’s court makes a determination based upon all the facts, and all the circumstances, as to who should stand in the shoes of that now passed away person. The surrogate court will issue an order stating who it is who will take the place of the person who passed away. It’s typically a family member, a spouse, or the children, and the surrogate’s court decides this based upon all the information, but it’s typically a family member.

The bottom line is that the case can continue after the victim of mesothelioma’s death. Any settlement money, or any money from a judgment or verdict, goes to that person’s spouse, or their family members. I’m sure you have many more questions about this topic as it relates to mesothelioma cases. I’m Joe Williams. I encourage you to call my office at the number listed below. We handle these cases every day. We represent victims of mesothelioma each and every day, and we’d be happy to answer your questions. Thanks.

Upfront Attorney Fees

When a mesothelioma victim and their family come into my office, one of the first questions they ask me is are there any upfront costs or fees for me to handle their case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the answer to this question is absolutely not.

 Paying to Prosecute Your Case

In a mesothelioma case, the lawyers for the victim lay out the money to prosecute the case. So things like court filing fees– to file the case, to start the case, there’s a fee in the courthouse to do that. The lawyers lay out that money. Fees associated with continuing the case, the lawyers lay out that money. Fees associated with hiring expert witnesses– a mesothelioma case requires the hiring and retaining of some very important expert witnesses in order to support the medical and exposure claims that are made in the case. All of those fees are disbursements which are laid out by the attorneys in the case. I can tell you at our firm, we never ask a client to set forth any payments, any money, until the case is concluded.

 Post-Settlement Money

What happens is the case is prosecuted until it’s completed. At that point, the money that is obtained in the form of a settlement or a judgement or verdict at trial, the lawyer takes the disbursements and pays them back, then takes the lawyer’s fee. All the remainder of the money, whether it be in the form of a settlement or a verdict at trial, all of that is the client’s proceeds from the result obtained in that case.

Contact Us With Questions or Concerns

Now you may have many more questions related to this topic and others. I’m Joe Williams. My office number is listed below. I encourage you to give a call to our office. We will answer your questions. We’re here to help you and to answer your questions. Thank you.

Legal Rights and Evaluating Your Past for Evidence

A family member has been diagnosed with mesothelioma and you’re wondering do they have any legal rights? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can give you some information about this topic and it’s a very important one, because workers in industry and in various trades throughout the course of the past century often worked for decades with their hands building America and working with asbestos products. These same workers are the folks who 30, 40, 50, 60 years later, have been now diagnosed with mesothelioma. They are put in the position of taking this path down into their history, into their past to try to figure out how they could have been exposed to asbestos. What I can tell you is that everyday at my office, we represent individuals who are suffering with mesothelioma. We represent them and their families as they take this journey to try to figure out how they contracted this terrible disease. What we do in all of these cases is we look for the companies, the defendants as they are called, who could have exposed our client to asbestos. When we’re able to find who those companies were through a very thorough investigation and lot of research into these cases, we then proceed to demonstrate in court how those companies failed to warn our clients about the dangers of asbestos. You see under the law in various states and certainly in New York State, there is a duty to warn of known dangers to end users, perhaps like you or your family member who work with these asbestos products and that failure to warn about the known hazard, the hazard being cancer, mesothelioma creates liability on these corporate entities. Why am I telling you this? I’m telling you this because you have questions about mesothelioma and the legal process as it relates to mesothelioma, and we can provide answers to those questions. I’m Joe Williams and every day we represent victims of mesothelioma. We can answer your questions as well. I hope you found this video informative, and I thank you very much for watching.

Iron Workers Diagnosed With Mesothelioma

You worked as an iron worker, and you’ve now been diagnosed with mesothelioma and you’re asking yourself, “How did I get this disease?” Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about the types of exposures that iron workers had to asbestos. In order to do that, I want to talk to you about a former client of mine who was a union iron worker. He dealt with structural steel which he installed and worked on, which was also being sprayed with asbestos containing fire proofing spray. Now, he would be on one area of a floor while the sprayers were following his working and spraying the structural steel with fire proofing. That entailed mixing the dry fire proofing product with water, putting it into a gun, and the fire proof sprayers would spray the I-beams and the structural steel with this asbestos containing substance. While that was being sprayed onto the I-beams and into the air, my client was in the work space breathing in any asbestos dust created by that. In addition, after the fire proofing spray dried, and the ceiling had to be put in, hangers had to be attached – metal hangers had to be attached to the structural steel so that the drop ceiling could be installed. In order to do that, the fire proofing spray had to be scraped off of the structural steel. It was dry by that point, and the scraping of the fire proofing which contained asbestos caused dust in the air which the iron workers breathed – including my client. He also worked doing some ornamental iron work, and that meant that he was present at job sites when the job was more in the finishing process; when the internal walls were being put up, when the floors were being put in, because he would be putting in such things as railings and other steel fixtures, in perhaps tenant spaces or common areas. He was exposed to the work of other trades men who worked with joint compound or floor tile or ceiling tiles. Things that contained asbestos, and working with those products caused dust in the air that all the workers on the job site would breathe in. All of them being susceptible to later being diagnosed with mesothelioma. Now, decades later, years and years after his work with asbestos and work around asbestos, he was diagnosed with mesothelioma. His doctors, after taking an occupational history, told him that his exposures to asbestos back on the work sites was the cause of his mesothelioma diagnosis. Now, I am telling you all this because you have questions about mesothelioma and about the types of exposures to asbestos that cause mesothelioma. I’m Joe Williams, and at our office we deal with these issues every day. We represent victims of mesothelioma and their families as they pursue justice for exposures to asbestos. If you have questions, contact our office. We’ll answer your questions. Thanks for listening.