New York Personal Injury Laws

Co-Workers Giving Evidence on Past Exposure to Asbestos

A person’s been diagnosed with mesothelioma. What would we do to try and develop the evidence of how they were exposed to asbestos? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. And I can tell you that one of the main things that we try to do when our clients are really too ill to testify or just are suffering through their diagnosis, is that we contact their co-workers.

What’s important to know about this is that when workers work in industry, they work side by side, sometimes for 30, 40 years with friends who almost become family members. We contact those folks and talk to them about the exposures that our client had. These co-workers can provide tremendous information about the types of exposures, the manner of exposure, and how it happened, where it happened. And often times, the co-worker isn’t ill, hasn’t contracted mesothelioma as of yet, and they are able to recount the stories and the history of how the work was done, and what was done, and where it was done.

These co-workers can be deposed. They can be produced at a deposition and they can talk about all the ways that our client was exposed to asbestos dust from various products and at various locations. And importantly, one co-worker can lead to more co-workers. The pursuit of co-workers and finding witnesses to the exposure to asbestos is a very important part of a thorough work up of a mesothelioma case. Now, I’m sure you have many more questions as to how we work up a mesothelioma case, and we can answer your questions. I encourage you to call my office at the number below. I’m Joe Williams. We’d be happy to answer your questions for you. Thank you.

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

Various Ways Brooklyn Workers Became Exposed to Asbestos

You were diagnosed with mesothelioma, and you worked in Brooklyn, New York, and you’re wondering, “Where could I possibly have gotten this from?” Hi, I’m Joe Williams. I’m a mesothelioma trial attorney. I’m here in New York right now, and I can give you some information about asbestos exposures in Brooklyn, New York. We know that there was major exposure sites in Brooklyn, New York. We know that from handling these cases for many years, and we have to start every discussion about asbestos exposure in Brooklyn, New York with a discussion about the Brooklyn Naval Yard. The Brooklyn Navy Yard was a major shipbuilding and ship repairing site right along the Brooklyn Piers in Brooklyn, New York, in which thousands of workers – at one time, up to 70,000 workers during World War II – worked to build and repair naval ships. All manner of asbestos products were used at the Brooklyn Navy Yard. There’s also the Brooklyn Piers, where longshoremen and other workers loaded and unloaded civilian ships, and were exposed to asbestos. There’s the Kentile Asphalt Tile Plant which, in its heyday, was the largest asbestos tile plant in the world. And, of course, during the housing boom of the last century, apartment buildings and schools to accommodate the kids were built by union tradesmen, and those tradesmen with their own hands used asbestos products like insulation, and floor tile, and joint compound, and refractory asbestos bricks, to build these buildings, and build Brooklyn itself. Now, I’m giving this information because you have mesothelioma, and you have questions. We have information about the asbestos exposure sites in Brooklyn, New York, and how workers, union tradesmen, and other workers, were exposed to asbestos in Brooklyn. I’m Joe Williams, and at our firm we answer questions and help victims of mesothelioma and their families every day. We certainly would like to answer your questions. I invite you to call the number on the screen below. Give us a call, and we’ll answer your questions. Thanks.

Increase in Children with Autism

Today on You Be The Judge. The percentage of children with autism has skyrocketed during the past 30 years. Some people blame vaccinations, others say it only seems like autism has increased because we’re more aware of it.

Are Common Drugs Causing Autism

Imagine that you were taking drug X, then imagine that scientist have become curious about the effects of drug X on human health and behavior. They conduct extensive testing on lab animals, and conclude that there seems to be a direct link between the drug and harmful conditions found in a specific segment of the animal population. For instance, pregnant rates.

Next, imagine that you fit into that specific human population segment, and are possibly susceptible to the highly increased risk of the negative effects seen in animals caused by drug X.

Then imagine that there are known alternatives to drug X such as exercise, that have been found to be beneficial and possibly even more beneficial than the drug.

Finally, imagine that studies have shown that a placebo is just as effective as the drug X that you have been taking. How does all of this make you feel about drug X?

Selective Serotonin Reuptake Inhibitors (SSIRs) Effect on Pregnancy

Now let’s take a look at a real life scenario that goes on today. Selective serotonin reuptake inhibitors, SSIRs, are often found in antidepressants. These antidepressants are believed to affect serotonin.

Now, in a developing embryo, serotonin plays a critical role in the brain’s development, and many believe that autism is characterized by changes in the serotonin system. Therefore it seemed reasonable that taking these antidepressants during pregnancy might affect developing baby’s brain formation. Regarding these antidepressants, Doctor said, “It really shouldn’t come as that much of a surprise, given that numerous animals studies have shown that exposure during development leads to changes in the brain and changes in behavior. Changes that often mimic autism.”

Studies Connecting Autism to Antidepressants

Authors of the mentioned animal studies warned that their findings of harmful effects should concern us when using these drugs on humans. Only two studies have been completed on the links between autism and antidepressants in humans.

The first study, a smaller one, published in 2011, found that children whose mothers took antidepressants are twice as likely to have autism. A study recently published in the British Medical Journal surveyed a much larger group, and it found that the use of antidepressants was associated with a risk of autism three times that of women not taking those drugs. The authors of these studies were cautious with their words as no one has conducted a Randomized Controlled Trial, RCT.

An RCT can most accurately assess causation. Now to conduct an RCT, pregnant would be required to take antidepressants in order for researchers to evaluate the effects on their babies. However, ethical issues have discouraged studying the negative effects of antidepressants during pregnancy. It’s fair to note that an RCT is not always necessary to presume that a problem exist.

For example, no Randomized Controlled Trial was conducted on cigarettes, yet nearly everyone acknowledges that they cause harm. Regarding pregnant women taking antidepressants, the latest studies suggest that non-drug approaches such as psychotherapy or exercise may serve the mother just as well, or perhaps even better than the antidepressant.

Finally, after years of research, there is little evidence that suggest that the antidepressants are clinically more effective than a placebo. Do you think there is something to be concerned about here? Should doctors recommend other treatments instead of antidepressants for pregnant women suffering from depression?

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.

Iron Workers at the World Trade Center

Did you know that iron workers that worked at the World Trade Center during its construction were exposed to asbestos? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney based in New York City and I could give you information about how iron workers were exposed to asbestos at the World Trade Center site during its construction.

 How Did They Get Exposed to Asbestos

Iron workers installed the steel eye beams that formed the metal framework of the buildings that composed the World Trade Center site. Those same steel beams were sprayed with asbestos-containing fireproofing spray. This fireproofing came in dry powder form. It was mixed with water and put into a gun and sprayed on the metal beams. The iron workers were nearby when that was happening – when the fireproofing was being sprayed into the air. That same fireproofing dried onto those beams. And iron workers, it would also be part of their duty to come back and with the overhead beams to install metal hangers onto them so that a drop ceiling could later be installed. Well, to install those metal hangers they had to scrape off that dry fireproofing causing asbestos dust which they breathe again.

Also iron workers, sometimes ornamental iron workers, did what’s called finishing work – things like railings throughout the World Trade Center – when other trades were doing their work. Work such as putting up sheetrock walls, or putting in floor tiles. These building materials contained asbestos. Now while the iron workers were doing their work the work of the other trades were exposing them to asbestos. Iron workers were exposed to asbestos dust in great quantities at the World Trade Center site during its construction.

Now you have mesothelioma and you have questions about asbestos exposure and about the World Trade Center site. I’m Joe Williams and at our firm we handle cases from mesothelioma victims and their families every day. I invite you to give us a call and we will answer your questions. Thank you.

Cases Involving Transvaginal Mesh

When you go to a doctor, you usually assume the solutions they recommend won’t hurt you, and if there are risks you expect them to tell you so. But no matter how well-intentioned medical professionals are, the safety of their recommendations depends on the source of their information. Consider cases involving the transvaginal mesh patch.

When this medical implant came on the market it was celebrated as a solution to pelvic organ prolapse and stress urinary incontinence in women. As with all such products, much of the marketing targeted doctors. Manufacturers showed the research they conducted and recommended this new device as a quality solution for the doctors’ patients. Doctors studied the information they were given and did their best to understand the risks and benefits, but when a device is first put on the market little is actually known about it. Going off of what information they’ve been given, doctors concluded whether they believe this product would be good for their patients.

What Manufactures Do Not Tell Consumers

Manufacturers of such products are expected to disclose the related risks, but sometimes manufacturers haven’t conducted enough research to know all the risks and other times they simply hide some of what they do know leaving doctors and patients with only part of the story. The transvaginal mesh patch turned out to be a product with many problems. Six women have already taken these companies to court and the juries have found in favor of the women.

In fact, juries have been so disgusted that they have ordered these big corporations to pay penalties. Because of this implant women have suffered the following problems: mesh erosion; when the mesh erodes and protrudes through the vaginal wall, organ perforation; when the mesh erodes and cuts other organs such as the bladder, extreme pain, POP or SCOI recurrence, urinary problems, scarring of the vagina, infection, bleeding, nerve damage, and pain associated with sex. Many women have undergone multiple surgeries, sometimes more than a dozen follow-up surgeries because of the pain and damage caused by the implants.

Endo & Ethicon Litigation

One manufacturer, Endo, has already begun the settlement process with many thousands of patients. Another manufacturer, Ethicon, has already settled a case of their own. All cases like this have a limited timeline for filing complaints so victims can be compensated. We don’t know the exact timeline, but with Endo wrapping things up with victims of their implant we can only recommend that you move quickly to ensure that your case is positioned for the best possible result. We know this is a personal topic and can be difficult to talk about.

If you’ve been injured by the transvaginal mesh patch, we invite you to call us. Our team is here for you. We do care about you and we want to help you determine whether you can be compensated for your losses, and you don’t need to worry about any fees. If we take a case on your behalf we will only get paid if and when you do. Call today for a free consultation at 888-LAW-8500. That’s 888-529-8500.

By: Steven Gacovino

Causation of Peripheral Neuropathy

Antibiotics. They are among the most important discoveries of the twentieth century. They have saved millions of lives, but the rampant over-prescription of certain antibiotics is leaving many patients disabled for months, even years with an affliction called peripheral neuropathy (learn details at neuropathyreliefguide.com/nerve-renew-review/). These antibiotics are fluoroquinolones. They include drugs like Avelox, Cipro, and Levaquin, some of the most powerful medications on the market.

Many professionals consider quinolones the last line of defense against major infections. However, instead of being reserved for serious or life-threatening bacterial infections, such as hospital-acquired pneumonia, these antibiotics are frequently prescribed for lesser problems like sinus infections, bronchitis, ear infections, and other ailments that can be treated with less potent drugs.

Doctor David Flockheart Research

Doctor David Flockheart, a leading fluoroquinolone expert at the Indiana University School of Medicine explains, “You don’t use these big guns for killing mosquitoes. You should use them appropriately for big infections. A few doses can leave the patient disabled with peripheral neuropathy for months, even years.” One young woman shared, “I was prescribed Levaquin for a sinus infection. On the fifth day I couldn’t get out of bed. I was 16. I wanted to be an animation artist. I couldn’t even pick up a pencil. I ended up in a wheelchair for six-and-a-half years.”

Peripheral neuropathy happens with the nerves that carry information from the brain to the central nervous system are damaged resulting in weakness, numbness, lack of coordination, sharp burning or stabbing pain, and many other side effects.

Doctor Jay Cohen Research

Researcher, Doctor Jay Cohen, said in 2001 that the side effects are, “devastating.” He went on to say, “Many of the people in my study were healthy before their reactions. Some were high-intensity athletes. Suddenly, they were disabled, in terrible pain, unable to work, walk, or sleep.” But it wasn’t until 2013 did the FDA require drug makers to list peripheral neuropathy as a side effect. This came 12 years after the connection had already been made. To make matters worse, studies have shown that as many as 40% of prescriptions for these antibiotics are unnecessary.

Have the Risks of Antibiotics Affected You or Loved Ones?

Share this video with your friends and family to raise awareness. While fluoroquinolones play an important medical role, everyone should be made aware of the risks associated with them. One victim shared, “I used to love to dance. Now I can hardly make it through one song on the dance floor.” Share this video to protect your loved ones so they can dance if they want to.

If you believe you or a loved one has suffered peripheral neuropathy as a result of Avelox, Cipro, or Levaquin call and speak with a legal representative immediately. The manufacturers of these drugs may be required to compensate victims, and it won’t cost you a dime to find out if you qualify. Call today at 888-LAW-8500. That’s 888-529-8500 or visit us online at lawyersusa.com/antibiotics.

By: Steven Gacovino

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