New York Personal Injury Laws

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.

Dentists and Dental Technicians Exposed to Asbestos

Did you know that dentists and dental technicians are being diagnosed with mesothelioma from their work in dental labs years ago?

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about some of these exposures to asbestos. So someone who now is an older gentleman, and is a dentist, and has been a dentist their entire career is diagnosed with mesothelioma, and they’re trying to figure out how could they have been exposed to asbestos, because all their doctors are telling them that the mesothelioma diagnosis is from asbestos. It’s caused by asbestos. So they journey back on the history of their life to determine if there’s ever a time when they worked with asbestos.

 Possible Ways of Exposure

And what we’ve found is that back when they were in dental school, they worked making crowns, and they used a method called the lost-wax method. And what that means is that wax is placed into an object, and it is used to make a mold for the crown. But what’s important about this process is that the lining underneath the wax is an asbestos-containing paper, and it’s used to withstand the high heat of when this mold is placed into the oven.

Now the dental technician – or the dental student in the example I’m giving, who later became a dentist – had to cut that paper and manipulate it, and it’s made of asbestos. And in doing that repeatedly over a course of time, exposed that person to asbestos dust, asbestos fibers that they breathe, which cause them to – decades later – be diagnosed with mesothelioma.

 Contact Us with Questions and Concerns

Now I’m telling you this information, because you have questions about Mesothelioma and how it is caused. I’m Joe Williams. At my office, we deal with issues like these every day, and we answer questions every day for mesothelioma victims and for their family members .

If you have questions, I invite you to contact our office, and we’ll answer your questions.

Thank you.

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.

Workers’ Compensation Laws

When you’re injured on the job, unless you work for the railroad industry, or you’ve been injured as a result of the negligence of someone other than your employer or a co-employee, you are not permitted to sue your employer. Workers’ compensation laws bar you from bringing that type of lawsuit. You need an experienced law firm, who understands what’s involved and how to analyze the facts and circumstances of your case to know if you, in fact, have a basis for a lawsuit.

Being injured on the job can leave you wondering what’s going to happen in your future. Contact me or visit my website

Tylenol Health Risks

Previously on You Be the Judge, 37-year-old Antonio Benedi felt a case of the flu coming on. After taking the recommended dosage of Tylenol for three consecutive days he ended up in coma, near death, and was in desperate need of a liver transplant. One culprit and each year 450 deaths, 26,000 hospitalizations, 56,000 emergency room visits, 100,000 calls to Poison Control Centers. The suspect? A very common, everyday drug.

Acetaminophen Dosages

When people hear about the dangers of Tylenol or acetaminophen they often assume that Tylenol only harms people who abuse the medication or who don’t follow the directions. Is this true? And is the recommended dosage safe? It is widely asserted that a daily intake of 7,000 milligrams can severely damage an adult’s liver, but the level at which such damage begins to occur is predicted to be much lower. Levels as small as 2,000 to 4,000 milligrams have been implicated in approximately 10% of deaths related to acetaminophen, proving that the medication does not have to be abused to cause harm.

Considering that a single capsule of extra strength versions of acetaminophen is 500 milligrams, as few as four capsules might damage the liver. This is particularly concerning when you realize that bottles containing 500 milligram capsules of acetaminophen say that the maximum daily dosage is eight pills. 8 times 500 milligrams a total of 4,000 milligrams.

To add to the confusion around this medication, prescription drugs containing acetaminophen often have warnings about liver failure and even death, but the over-the-counter versions do not.  In 2009 the FDA recommended that the adult daily dosage for acetaminophen be reduced from the current maximum of 4,000 milligrams to no more than 3,250 milligrams.

McNeil Consumer Healthcare, a Johnson & Johnson subsidiary and the manufacturer of Tylenol, responded that they feared the recommendations could have the effect of steering consumers away from their drugs. To this day the company has not reduced the recommended dosage.

Selling Tylenol & Acetaminophen Over-The-Counter

Consider the following facts:

One, hundreds of the drug users die annually and tens of thousands are hospitalized. Two, over-the-counter forms do not warn of liver failure or death while prescription forms often do. Three, acetaminophen is the number one cause of acute liver failure. Four, the maximum dosage and the manufacturer’s recommended safe dosage leave no room for human error. Five, warnings on the label about alcohol are not very clear. Six, there are no warnings on the label about taking the medication while fasting. See the previous episode for details about taking acetaminophen with alcohol or while fasting. Seven, alternative medications are available that yield the same benefits and far fewer risks. Eight, many experts believe if Tylenol were introduced as a new drug today it would not be approved.

The damaging effects of acetaminophen are linked to over 100,000 Poison Control Center calls, 56,000 emergency room visits, 26,000 hospitalizations, and more than 450 deaths each year.   One final thought, if the side effects and risks linked with acetaminophen were associated with a dietary supplement, it would be pulled from the market immediately.

By: Edward Lake

Medical Malpractice in Sayville

Today on You Be The Judge. With hospitals being administered by fallible human beings, mistakes are inevitable. While hospitals have full disclosure agreements with their patients, you might be surprised to find out what happens after mistakes are made. The Center for Disease Control says tens of millions of people receive hospital services each year.

Examples of Malpractice

Over the decades the hospital industry has evolved and made necessary changes to protect patients. Nevertheless, hospitals are run by humans, and the unfortunate truth is that they make mistakes that put patients lives at risk. Researchers have long investigated medication errors. These errors show up in a variety of forms, including improper compounding the process of tailoring-made drugs for an individual, incorrectly writing out prescriptions, failing to monitor effects on patients, giving the wrong kind of medication, and administering too high or too low of a dosage.

Reporting Mistakes

A study led by Doctor Daniel Nussbaum showed that hospital employees are more likely to report mistakes under the protection of Blame-free anonymity. By giving these employees a safe environment to report mistakes, hospitals are then able to assess the reports and make appropriate changes. Before, they had very little information to work with. This progress is a good sign for both hospitals and patients.

Medication Errors Study

A recent study led by Doctor Assad Latif, examine medication errors and what happens afterward. Doctor Latif shared that, for the most part our findings were in keeping with what the existing literature tells us about the where and how of medication errors in a hospital. The most surprising finding was what we do about them.

Latif said about 98% of mistakes did not result in harming patients. However the patient and or their family is immediately informed when an error occurs barely 2% of the time despite literature supporting full disclosure and their desire to be promptly informed. Letting patients know about medication errors only 2% of the time sounds pretty scaring, doesn’t it?

Hospitals Make Mistakes

We should not assume that all medication errors threaten anyone’s well-being, or that the information would always be of importance to the patient. However, harmful mistakes do occur without patients knowing it. What do you think hospitals should do to ensure that the promised full disclosure is being fulfilled?

By: Edward Lake

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.

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.

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.