New York Personal Injury Laws

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.

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

Laborers Exposed to Asbestos

You worked as a laborer and you’ve been diagnosed with mesothelioma and you are wondering, how did you get this disease? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney and I’d like to talk to you a little bit about the types of exposure to asbestos that laborers faced. Laborers helped all of the trades. Laborers could have been exposed to any asbestos product on a construction site. We know that laborers cleaned up after various individual trades during the course of a workday and at the end of a workday. Laborers also assisted various trades. Perhaps a laborer could assist a plumber, or assist a carpenter, or a laborer could clean up after a plumber’s work or after a carpenter’s work. Now why is that important? It’s because all of the trades at various job sites back in the ’40s, the ’50s, the ’60s, the ’70s, they worked with asbestos products. The plumbers worked with asbestos gaskets and packing. The insulators worked with asbestos insulation on pipes and equipment. The carpenters worked with asbestos. Maybe the put up a Sheetrock. Maybe drywall installers put up Sheetrock and used joint compound in between the seams that contained asbestos. Floor tile was put in by tradesmen that contained asbestos. All of this work would have been cleaned up by laborers. Sweeping of the dust that contained asbestos, exposing themselves to asbestos dust on the job site perhaps everyday. Now it’s not asbestos exposure that a laborer would have on a construction job that could cause them to get mesothelioma. It’s this mesothelioma diagnosis made many decades after the exposure that we see today in clients as we deal with the litigation of mesothelioma cases in court. Why am I telling you all this? It’s because you have questions about mesothelioma, and the type of exposures that laborers would face and different construction workers would face on job sites. I’m Joe Williams. I’m a mesothelioma trial attorney, and we deal with these issues every day. We represent mesothelioma victims and their families everyday. If you have questions call our office, we’ll answer you questions. Thank you

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

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.

Slip Or Trip And Fall

I’m Ira Maurer with a public service law tip regarding slip and fall or trip and fall accidents in New York.

 Liability For The Fall

What exactly do you have to prove if you’re a victim of such an injury? Property owners in the state of New York are liable for injuries if they created a dangerous condition, or they knew about an unsafe condition and failed to take reasonable steps to fix the condition, or they should have known about the condition had they conducted reasonable periodic inspections.

Once you establish that the defendant created the condition, or knew or should have known about the condition, the next thing you have to prove is what actually caused your injury. Juries are not allowed to speculate as to the cause of an injury. If the plaintiff – the injury victim – cannot prove exactly what caused the injury, their case will be dismissed.

 Example

In a snowstorm, for example, property owners are entitled to have a reasonable amount of time to respond to a dangerous condition, clean up the mess – the snow and the ice – after the storm. There’s something called the Storm in Progress Rule. Basically the property owner is not expected to get rid of a slipping hazard while the storm is in progress. They’re entitled to a reasonable amount of time to pass after the storm for them to clear up the slipping hazard. However, if they don’t wait until after the storm and they actually engage in cleanup during the storm, if they create an unsafe condition in the process, or they exacerbate a naturally unsafe condition as a result of what they do, they may still be liable even though the storm wasn’t over yet.

So, if you’re a slip and fall victim and you’ve had an injury in New York, these are some of the basic things you need to know about. For more information, contact the Maurer Law Firm website at maurerlaw.net.

Do Pharmaceutical Companies Hide Negative Test Results?

Today on You be the Judge. Do pharmaceutical companies have the ability to control which studies are published about their drugs? Can studies showing bad results be hidden? Are doctors being misled about the benefits of some drugs? Modern medicine has worked many wonders, and helped millions, perhaps billions of people worldwide. Due to the profitability of drug manufacturing, pharmaceutical companies are able to afford expensive, in-depth research, to develop new medications that save people from devastating and life-threatening health problems.

When drug makers seek to create new medicines, they fund extensive research and testing, before releasing the medications on the market. Doctors then rely on this research, to decide for themselves, whether the drug is suitable for their patients. As a patient, you are then given information to decide whether you are comfortable with the potential side effects. But there is a problem. Drug makers are the ones funding and conducting the studies that validate their products.

Research Disproving Pharmaceutical Claims

Award winning physician and writer, Dr. Ben Goldacre, has compiled extensive research by experts from around the world, into his most recent book, Bad Pharma. Dr. Goldacre explained that researchers outside of the pharmaceutical industry have been examining the studies provided by drug makers, and comparing the reported results, with those found in independently-funded trials. These researchers found that the industry-funded trials produced a significantly higher rate of favorable outcomes for their drugs, than did the trials that were funded independently.

Reboxetine Example

Here’s another example of how the flow of information is distorted. Reboxetine is an antidepressant used to treat depression, anxiety, panic disorders, and ADD/ADHD. At one point, it was considered to be one of the most effective drugs of its kind and was prescribed worldwide. Later, researchers gathered the data on all the trials ever conducted on Reboxetine. Dr. Goldacre shows that out of the seven trials comparing Reboxetine against a placebo, only one yielded a positive result, and this was the only one published in an academic journal. The other six trials, all using substantially larger samples of patients, showed that Reboxetine was no better than the placebo sugar pill. Many other studies on Reboxetine were never published, including those that showed its negative side effects maybe worse than other competing drugs.

Originally, doctors, including Dr. Goldacre, reviewed the published trials to determine if Reboxetine was effective and good for their patients, unaware of the other studies that found the drug to be non-beneficial. From a legal standpoint, drug makers are doing nothing wrong by withholding test results. But what do you think about this?

By: Edward Lake

Experienced Mesothelioma Attorney

When handling Mesothelioma cases, a very important criteria the attorney just has to have when dealing with victims of Mesothelioma, is empathy for the plight of these victims. We represent people. We represent victims as they fight for justice against large entities, companies, corporations. There is no substitute for experience. Experience and seasoning is a very important factor in handling a Mesothelioma case.

 Caring About and For Our Clients

Our clients are brilliant people. They can see from day one the level of commitment that our firm has to their case. They know that to us, it’s not just a case, it’s a cause. It’s a cause that we take on, that we are all in, 100%, fighting for them.

Manhattan Workers Vulnerable to Asbestos

You’ve been diagnosed with mesothelioma, and you worked in Manhattan, in New York City, New York. And you’re wondering, where did you get this disease from? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I am in New York City, New York.

I have some information for you about asbestos exposure sites in Manhattan. Now, every discussion about asbestos exposure in Manhattan starts with a discussion about building and construction. Here in New York City, the skyscrapers and the Manhattan skyline that we all know so well, were built primarily throughout the course of the last century.

Where The Exposure Came From

The World Trade Center was built in the late ’60s and into the 1970s, and at the time was the largest construction project in the world, creating the tallest buildings in the world at the time. The Brooklyn Navy Yard is just a stone’s throw away across the East River to Brooklyn.

Where ships were constructed and built using all manner of asbestos products. Other famous buildings like the Empire State Building and the Chrysler Building, as well as lesser known high-rises, multi multi story buildings were constructed during the course of the last century with union tradesmen’s hands, which exposed those workers to asbestos dust.

Large hospitals, perhaps even hospitals that you are being treated at such as Memorial Sloan Kettering, New York-Presbyterian, Weill Cornell, NYU, Columbia Presbyterian. These hospitals are large medical facilities which were built during the course of the past century.

The subway and transit system, has been built and worked on during the course of the last century by union hands. All of this work exposed workers to asbestos. Now you have mesothelioma, and if you worked in New York City, you could have been exposed at these job sites.

We have information about these job sites and about asbestos exposure. I’m Joe Williams, and at our firm we handle cases for mesothelioma victims and their families every day. If you have questions, we can answer those questions. I invite you to look at the number on the screen below, and give us a call. We’ll answer your questions. Thank you.