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.

Lab Workers Exposed to Asbestos

Did you know that asbestos was used in various types of lab equipment? And that asbestos could cause lab workers – lab technicians – to develop mesothelioma later in life? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about some these asbestos exposures. Now, in a lab setting, lab workers, lab technicians, work with gloves. Back years ago, those gloves when picking up a heated beaker or a hot surface– those gloves could have been asbestos gloves – gloves actually made with asbestos components. They worked with aprons for their safety protection. Ironically, these gloves were used as a safety precaution, yet they contained asbestos. Additionally, aprons that the lab technicians would wear, often times contained asbestos, to protect from heated objects, or perhaps ovens that they were working with during their lab experiments.

Asbestos pads and asbestos mats were used in lab settings. Wire mesh screens were used in lab settings. All of these things decades ago, could have contained asbestos, which exposed the worker – the lab technician – to asbestos dust during the course of their work each day, every day, over a course of a career. These exposures could cause a lab technician to develop mesothelioma years later. I’m telling you all this because you have questions about mesothelioma, and how mesothelioma is caused.

I’m Joe Williams. At my office, we deal with these issues each and every day. We represent victims of mesothelioma and their families. If you have questions, I invite you to call us, and we’ll answer your questions. Thank you very much.

Tip On Insurance Policies

I’m Ira Maurer, with a public service law tip. If you’re a driver in New York, you’re insurance policy must have coverage for underinsured uninsured drivers. That means if you get in an accident with someone who doesn’t have an insurance policy as required by law, your own insurance still will provide a benefit of at least $25,000 for each individual who’s injured, maximum coverage, and a maximum of $50,000 for all injuries from one single accident.

That’s not very much money, and if you get seriously injured it won’t go anywhere near what’s necessary to compensate you for your injuries and help you deal with the financial losses. You can purchase more insurance if you call up your insurance agent, for a relatively minor sum – hundreds of dollars – you can get hundreds of thousands of dollars of additional coverage. This is a no-brainer. So if you’re a driver in New York, you should purchase additional uninsured/underinsured motorist coverage.

For more information, contact the Maurer Law Firm by going to maurerlaw.net

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.

Railroad Companies Already Making Their Case

It’s very important if you’re an injured railroad worker, that you hire an experienced law firm as soon as possible. The reason is, the railroad has a whole system that goes into effect right away. They have all sorts of departments that collect evidence, they take witness statements, they reenact your injury. And before you know it, they’ve tied up the defense of the case before you’ve gotten out of your hospital bed.

You need an experienced attorney who knows how the railroad industry works, understand the law, what the proof is that’s required to win your case. We can help you at the Maurer Law–

 Steps Specialists Take While Treating Mesothelioma

If you’ve been diagnosed with mesothelioma. So what types of doctors treat patients with mesothelioma? Hi, I’m Joe Williams I’m a mesothelioma trial attorney. I want to talk to you about some of the doctors that see mesothelioma victims. Initially, when a mesothelioma patient first presents with the signs or the symptoms of mesothelioma they see their family doctor, their intrest, their primary care doctor. That’s when a patient is talking about general weakness, malaise, maybe they’ve lost weight, maybe they’ve lost a lot of weight, they have shortness of breath. They walked up two flights of stairs and boy they’re huffing and puffing. They normally walk down the block a couple of blocks to get the newspaper every morning but now that’s a little but more difficult than usual. They go in to see their primary care doctor and explain. The doctor says let’s take an X-ray, let’s do some test. Let me send you on to a specialist. Now, usually after the primary care doctor the next doctor that a mesothelioma patient will see is a lung doctor, a pulmonologist. The pulmonologist is a specialist who deals with issues related to the lungs. So the pulmonologist is a doctor who’s probably seen mesothelioma patients before and can understand those signs and symptoms with a little bit more detail and can order some different tests. Things like a PET scan or perhaps based on the presentation of the tumor in the chest from PET scans or CAT scans or even from X-Rays the pulmonologist will refer the patient on to a surgeon. This surgeon is tasked with the job of finding out definitively what this is that is in this patient’s chest. They do that usually through a biopsy, a tissue biopsy that’s either done through a needle biopsy or through a surgical biopsy intraoperatively, often done with either a minimally invasive procedure called a video assisted thoracoscopy sometimes referred to as a VATS. Or if there’s difficulty locating the tumor there’s another procedure which is a more open procedure and that procedure is called a thoracotomy. But either way the area where the tumor is visualized is biopsied by the surgeon and that tissue is sent to a pathology lab to get a definitive diagnosis of what it is that’s growing in this patient’s chest. Now, once a diagnosis is made pathologically by a pathologist looking through a microscope at a slide at the cells and determining based upon different standing that can be done. That this is in fact malignant mesothelioma that it’s in this patient’s chest. Once that’s decided and determined then the decisions are, “What are we going to do for this patient?” There’s surgical options and that’s where the surgeon continues to play a role. There’s chemotherapy and radiation options. Now, chemotherapy is administered by an oncologist. So that surgeon would refer the patient to a caner specialist. An oncologist who would then consult with and evaluate the patient and their medical records and all their signs and symptoms and make decisions as to what type of drugs, pharmaceutical drugs, chemotherapy drugs can be administered to this patient to reduce the size of the tumor. Or perhaps to debulk it or reduce the size of the tumor in anticipation of a future surgery. Or if the tumor is advanced to just control or reduce the size of the tumor for palliative care, to reduce the symptoms or the pain response that a patient’s having. All of these doctors work together and coordinate with each other to assist a mesothelioma patient as they go through a diagnosis of mesothelioma. Now why am I telling you call this? I’m telling you because you have questions about mesothelioma. I’m Joe Williams, I’m a mesothelioma trial attorney and we deal with issues related to mesothelioma each and everyday. We represent patients and their families as they struggle through a diagnosis of mesothelioma. If you have questions I invite you to call our office and we’ll 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

Drywall Installers Exposed to Asbestos

You work as a drywall installer, and you’ve now been diagnosed with mesothelioma. You’re trying to determine all the ways you could have been exposed to asbestos. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I’d like to talk to you about the ways that drywall installers were exposed to asbestos on construction jobs.

Ways Drywall Installers Were Exposed

Now, we know that prior to 1977, joint compound contained asbestos. It was banned by the Consumer Product Safety Commission in 1977. Drywall installers who put up those boards of sheetrock – usually four foot by eight foot boards – onto studs, we know that those seams between the sheetrock had to be taped and filled with joint compound. The joint compound came in either a pre-mixed form in a bucket – it was already wet – or it came in large bags, it was dry, and had to be mixed with water, and when it was mixed, lots of dust in the air. Either way once the joint compound was wet, it was applied to the seams, smoothed out, and allowed to dry. Once dry, sanded down, creating lots and lots of dust in the workspace. Tradesmen did this process two or three times to sanding, two or three times to make a smooth finished professional wall. Each of those sanding applications created dust that the installers who worked with breathed. These exposures to this asbestos dust on a daily basis over the course of an entire career caused mesothelioma.

 Diagnosed With Mesothelioma

We see in these cases in asbestos litigation the exposures many years ago decades later resulting in a tradesman such as a drywall installer being diagnosed by his doctors with mesothelioma. The doctors, when they review this, they connect the asbestos exposure to the current diagnosis of mesothelioma years later. Mesothelioma is a cancer caused by asbestos.

Why am I telling you all of this? Because you have questions about mesothelioma and asbestos exposure. I’m Joe Williams. At our office we represent victims of mesothelioma and their families, and we deal with these issues every day. Give us a call at our office and we will answer your questions. Thank you. [music]

Asbestos Exposure in Powerhouses

You’ve worked in powerhouses for a good part of your working career, and you were exposed to asbestos, and now you have mesothelioma. Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I’d like to talk to you about the types of exposures to asbestos that workers in powerhouses had.

I’d like to talk to you about a former client of mine, who is a powerhouse worker, who is in what’s called the major maintenance gang at one of the utilities here in New York, in New York City. And his job entailed him going to every powerhouse in that particular utility’s system.

 Exposure on the Job

So he is a good client to talk about, because his case involved all the exposures that a typical powerhouse worker would have. So he was able to testify in his case, about exposure to asbestos on boilers. And having worked in powerhouses yourself, you know that the boilers in a powerhouse are giant.

 Large Amounts of Asbestos

Some as tall as ten stories, and just covered and filled with asbestos products, including asbestos block, asbestos cement, asbestos gaskets, asbestos refractory. And this particular former client of mine, talked about asbestos pipe covering on the pipes throughout the powerhouses.

As well as asbestos blankets on the turbines attached with wire to the exterior of the turbines. He talked about asbestos containing flange gaskets, used on almost every pipe in the entire powerhouse. He discussed asbestos coverings on various equipment like pumps and other types of equipment.

He talked about asbestos on valves, he talked about asbestos packing and gaskets used inside of various types of equipment. And these are many of the exposures to asbestos that powerhouse workers could have.

But there are many more, and I’m sure you have many questions about the types of exposures to asbestos that a worker would have in a powerhouse. Well, we can answer your questions. I’m Joe Williams. I invite you to call our office at the number listed below, and we’ll answer your questions. We represent mesothelioma victims every day, and we certainly would be there to answer your questions for you. Thank you for listening.