New York Personal Injury Laws

The Steps to Proving a Mesothelioma Case

How do we prove a case for a mesothelioma victim in court? Hi, I’m Joe Williams, I’m a mesothelioma trial attorney in New York City. I can tell you that in order to prove a mesothelioma case, a legal case for a victim in court the first thing that we have to do is we have to be able to prove that a particular company is responsible to that particular victim. So how do we do that? Well one of the primary ways that we establish that proof is through the victim’s own testimony at a pretrial deposition. Also, through their testimony at trial in which they talk about that particular company’s products and how they believe that product exposed them to asbestos. They generally talk about the dust that was created from the work that they did with that product. There’s also other ways that we prove that that particular company is responsible to our client. That’s in the form of employment records, work records, for navy seamen, men who served on navy ships. We get records from the US Naval Archive in Washington D.C. for that particular ship. Often these records show every piece of equipment that was ever put on those ships. So there’s many ways to prove one particular company’s responsibility to our client. The next thing we have to show is that that company new or should have known that asbestos was dangerous and that they never warned our clients about these dangerous. How do we do that? Well we do that through company documents, documents from that same company that failed to warn our clients about the dangers of asbestos through internal memorandums, through internal research documents. All of which that show that that company either knew or that they certainly should have known that asbestos was a danger and that they never warned our clients about the dangers of asbestos. The last thing generally that we have to show in a legal case for a mesothelioma victim is that our client was injured. Of course every mesothelioma victim suffers greatly. It’s not just them but their spouses and family suffer as well. We document that through the use of medical experts who talk about mesothelioma and it’s course on the human body. Also through that individual victim’s medical records. Also through the testimony of physicians sometimes the treating. Physicians who actually treated out client were able to document all of the different medical treatments and really all of the suffering that our client has gone through from the time of their first symptoms until the present day when we’re in court dealing with that mesothelioma case in front of a judge and jury. Now, you may have many more questions about all the ways that we seek to prove a mesothelioma case on behave of our client and we can answer those questions for you. I’m Joe Williams and in our firm we handle cases for mesothelioma victims everyday. This is what we do. It’s who we are. I encourage you to call the number on your screen below. That’s our office number and we’ll answer you questions as well. Thank you.

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

Asbestos Exposure Claim

You’ve been diagnosed with mesothelioma, and you worked at the World Trade Center during it’s construction. The building no longer exists, so how could you possibly bring a claim for your mesothelioma diagnosis? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can answer these questions that you might have about the World Trade Center. When the World Trade Center was constructed, it was one of the largest construction projects ever known to man, and the Port Authority of New York and New Jersey, and the State of New York, entered into contracts with various contractors – general contractors and subcontractors – to do all of the work at this massive, massive project that involved thousands and thousands of workers. During the course of the last decade, we’ve seen many workers who have developed mesothelioma from their work at the World Trade Center, and through the litigation of those cases, we have acquired the contracts, the work records, the documents, which establish which contractors worked at the World Trade Center, what work they did, what work with asbestos was done at the World Trade Center. There’s also prior deposition testimony from other workers who’ve gone before you, who have already  testified to their exposure to asbestos at the World Trade Center. So, there’s a body of evidence and information about how workers were exposed to asbestos at the World Trade Center, and we can use that information, as well as any information that a worker who’s now been diagnosed with mesothelioma could have, to create a full picture of the types of exposures that occurred to workers at the World Trade Center. So, just because the building no longer exists, we are still able to go forward and prove a very strong case regarding exposure to asbestos at the World Trade Center, exposures that can cause mesothelioma to the workers that worked at the World Trade Center. You have questions about mesothelioma and exposure to asbestos. I’m Joe Williams. At our firm, we answer questions from mesothelioma victims and their families every day. Give us a call. We’ll be happy to answer your questions. Thank you.

Navy Machinist Mate Exposed to Asbestos

You are a machinist mate in the United States Navy, and you served our country, and all these years later you’ve now been diagnosed with mesothelioma. And you want to know 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 to asbestos, that navy seamen and machinist mates encounter when they worked on navy ships.

I want to do that by talking about a former client of mine, and he actually was a machinist mate on a aircraft carrier. His work took place primarily in the boiler room. You probably know it as the fire room. He worked on all the equipment in the boiler room.

The boiler itself, as well as the pumps that pumped hot water and different fuels and oils for different uses throughout the ship. He dealt with all the systems for propulsion of the ship. And his work with the boiler involve dealing with the asbestos installation that was on this large marine boiler.

There was actually two of them on the ship. And he dealt with the asbestos installation, removing it, reinstalling it after his work. He dealt with asbestos gaskets as it related to the boiler. He dealt with the pumps that were throughout the boiler room and really throughout the ship, in particular the large boiler feed pumps.

He dealt with packing and gaskets that were made of asbestos, as well as insulation that was on the piping and on the pumps. He dealt with valves that were placed throughout the ships, and he also dealt with other equipment in the boiler room and throughout the ship.

The work that he did with asbestos products that included installation, gaskets, and packing, all of these exposures contributed to him developing mesothelioma many decades later. And his doctors informed him that it was those exposures to asbestos when he was in the navy years and years ago, that all these years later, only just a few years ago, caused him to be diagnosed with mesothelioma.

And that’s what’s expected with mesothelioma. The exposures happen, and then 20 to up to 60 years later the patient’s diagnosed with this cancer, mesothelioma. A cancer caused by asbestos. Now, you have questions about mesothelioma, and about the types of exposures that US Navy servicemen faced when they served our country on US Naval vessels.

I’m Joe Williams. At our office we handle cases for victims of mesothelioma and for their families every day. We deal with these issues on a daily basis. Call our office, we’ll answer your questions. Thank you.

Mesothelioma Claim Availability

You’ve been diagnosed with mesothelioma and you want to bring a claim, but you assume that after all these years, the companies that made asbestos products or used asbestos products, they must be out of business. How could you possibly bring your claim?

Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I can give you some information about the asbestos companies and how you can make claims against these companies.

 Bankrupt Companies and Companies In Business

It’s important to recognize that many of the companies that made asbestos products, and many of the companies that used asbestos products, many of them have filed for bankruptcy protection. They’ve gone out of business. Other companies that used asbestos with their products have not gone out of business. They’re viable corporate entities still in business. So, we have bankrupt companies and companies who are in business. It’s important to know that when claims are considered for mesothelioma victim and their family, both avenues must be traveled – claims against companies that are out of business and bankrupt, and claims against companies that are in business and viable.

Making a Claim against Out of Business and In Business Companies

The viable companies, we go after them with a lawsuit, and we bring an action against them based upon the facts and evidence of the individual mesothelioma victim’s case. For the companies that are out of business – companies who made bags of asbestos insulation that was put on pipes, companies that made asbestos gaskets and all kinds of asbestos products – many of them have filed for bankruptcy protection. But, the courts have required them to set up trust funds so that future victims of mesothelioma will be compensated for their exposures to asbestos from that product. It’s a condition of them being able to reorganize their business and stay in business.  A victim of mesothelioma can make claims against the money that was put into trust for that very purpose. It’s important to know that there’s up to 60 trusts that have been established for these bankrupt companies, and those trusts have been funded with up to $30 billion.

 A Lawsuit Versus A Claim

So, a mesothelioma victim can make claims against companies that are in business, through a lawsuit, and that same mesothelioma victim also has the opportunity to make claims against the companies who have gone out of business by making claims to the trust – claims to that $30 billon that’s being held in trust for claimants just like that mesothelioma victim.

You have questions about mesothelioma, about the claims that can be made for a victim of mesothelioma? I’m Joe Williams. At our office, we handle these claims everyday. We help victims of mesothelioma and their families each and every day. Give us a call at our office and we’ll answer your questions. Thank you.

Struggling With Depression

When you’re struggling A, it’s hard. It’s hard to do just about anything. People who don’t understand will say, “Just exercise,” or, “Be positive.” They don’t get it. A lot of TV ads say here’s a drug to fix your depression. Your doctor says the medication will work wonders, so you take their word. And you know what? Sometimes, it really does help you feel a lot better. You might have more energy, more motivation to do the things you love, to be with the people you want to be with. But as time goes by, maybe you suffer side effects. Maybe you just don’t think the pill is necessary.

Whatever the reason is, you decide to stop taking the drug. No problem, right? But, there is a problem. Antidepressants like Cymbalta carry a warning that reads, “Never stop an antidepressant medicine without first talking to a health care provider. Stopping an antidepressant medicine suddenly can cause other symptoms.” But the warning doesn’t explain what kinds of symptoms, how severe they might be, how to taper the dose or what a patient should do if depression or other symptoms recur. Is it really that dangerous to stop taking Cymbalta? Just ask the thousands who suffer withdrawal symptoms.

Drug manufacturer, Eli Lilly, ran multiple clinical trials on Cymbalta prior to releasing the drug on the market. They found that roughly 44% of patients experience withdrawal symptoms. In a strangely worded label, they stated that more than 1% of patients experienced severe withdrawal symptoms – a gross understatement. In another trial of more than 1,200 users, approximately 51% of patients experienced withdrawal symptoms. Dr.Joseph Glenmullen, Harvard clinical instructor in psychiatry and author of The Antidepressant Solution points out that the actual risk is more likely to fall in the range of 66% to 78%, given the drug’s half-life.

When a person takes an antidepressant, the body develops a certain dependence on it over time. Then, when the person stops taking the drug, the body reacts because it misses the chemicals in the drug. Half-life refers to the time the body takes to reduce the drug’s presence by half. Cymbalta’s half-life is extremely short, about 12 hours. When a user stops taking Cymbalta, the sudden absence of the chemical can result in immediate and often severe withdrawal symptoms. Share this video with your friends and family to raise awareness of the dangers of discontinuing use of Cymbalta.

Free Consultation

Millions of Americans take antidepressants. Please warn your loved ones of the serious withdrawal side effects. Share this video today to spread an awareness of the consequences of Cymbalta’s half-life. Have you suffered severe withdrawal side effects after taking Cymbalta? Talk to one of our professionals today at 888-LAW-8500. Our legal team has served over 20,000 victims across the country. You do not pay to consult with us, and if we end up working for you, we will get paid only if and when you do. Call today for a free consultation, at 888-LAW-8500. That’s 888-529-8500. And visit us online at lawyersusa.com/cymbalta.

By: Dan Cogdell

Railroad Retirement Benefits

If you’re disabled and worked long enough for the railroad, you may be entitled to benefits from the Railroad Retirement Board. Applying for railroad retirement disability benefits can be difficult, long, and drawn out but it doesn’t have to be.

Disability Benefits Law FIrm

At Insler & Hermann, we navigate the process for you. We make it as easy as possible for you and your family. Call us today. The sooner you meet with us, the sooner we can help you receive the benefits you deserve. We don’t get paid unless you win. Be our next success story.

By: Lew Insler

Types of Mesothelioma

What are the different types of mesothelioma?

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’m going to talk to you about the different types of mesothelioma that form in the human body, all of which can be caused by exposure to asbestos.

 Pleural Mesothelioma

The first type of mesothelioma I want to talk to you about is called pleural mesothelioma. And looking at this diagram here, this drawing, we see that the lungs are represented, this pinkish tissue here, and the area outside the lungs in this grayish off-white coloring on both lungs, that is a sac-like membrane that surrounds the outside of the lung and there’s two of these membranes, they’re called the pleura. There’s the visceral pleura, which is almost adhering to lung, and the parietal pleura, which is almost adherent to the inside of the ribcage. And in pleural mesothelioma, the malignant mesothelioma tumor forms in this pleural space, it’s actually a tumor of the pleura.

 Pericardial Mesothelioma

The next type of mesothelioma that we should talk about is pericardial mesothelioma, and pericardial mesothelioma is actually a mesothelioma tumor of the pericardium. And the pericardium is a sac-like membrane that surrounds the heart, so just like we see in pleural mesothelioma, pericardial mesothelioma is a malignant tumor of the sac that surrounds the heart.

Peritoneal Mesothelioma

Peritoneal mesothelioma; well that’s a mesothelioma tumor of the peritoneum. And the peritoneum is a sac-like structure that encases the entire peritoneal cavity, and a peritoneal mesothelioma victim suffers mesothelioma to that sac-like structure, the peritoneum.

 Testicular Mesothelioma

Lastly, there’s something we’ll call testicular mesothelioma. The medical term is a very complicated sounding one, it’s tunica vaginalis, and I can tell you there’s really only been about 100 documented cases of this that are on record. It’s a tumor caused by asbestos, a mesothelioma tumor.

Those are the general types of mesothelioma. I’m sure you have many questions about mesothelioma, and we can answer those questions. I invite you to call the number below. I’m Joe Williams, at our office we handle cases from mesothelioma victims every day. 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