New York Personal Injury Laws

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

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

Auto Mechanic Asbestos Exposure

You were a professional auto mechanic, and you worked with asbestos-containing brakes your entire life. Now you’ve been diagnosed with Mesothelioma. Hi, I’m Joe Williams. I’m a Mesothelioma trial attorney here in New City, and I can answer your questions.

 How One Auto Mechanic Was Exposed

I can do that by talking to you about some clients I’ve represented in the past. One client in particular, who was a former auto mechanic, and changed thousands of brakes on automobiles. In his deposition, he testified about the work that he did. He talked about using both OEM, Original Equipment Manufactured brake linings, which are brake linings manufactured by the same company that made the car.

He also used after market brake linings, which are manufactured by companies who didn’t manufacture the car. They just manufactured brake linings. What he would do, this former client of mine, he would take off the four wheels of the car after the car was put on a lift. He would remove the brakes. He would blow out the drum with an air compressor, causing a lot of dust in the air.

He would then take the new metal shoe with the attached brake lining out of the box, and install it into the vehicle, wheel by wheel. This process of removing the old brake, blowing out the drum, handling the asbestos-containing brake lining, the new one, and installing them into the vehicle, exposed him to asbestos dust. He did this work every day, and he did it for many decades, and was exposed to asbestos dust thousands of times from working on asbestos-containing brake linings in automobiles.

Now, if you’re an auto mechanic, you’ve probably had some very similar exposures. I’m sure you have questions about Mesothelioma and how auto mechanics were exposed to asbestos. I’m Joe Williams, and in our firm we handle cases every day for Mesothelioma victims. We can answer your questions. I invite you to call our office at the number below, and we’ll answer your questions. Thank you.

Car Accident Injury Claim

I handle serious personal injuries involving car accidents for cars and trucks. Those types of claims can be pursued in the courts but only if it’s a serious injury, because the No-Fault Law in New York requires that you have to have a fracture, you have to have a lost limb, you have to have a scar – something that’s permanent. If you don’t have a serious injury under New York No-Fault Law, you can’t pursue the claim.

The Dangers of Tylenol

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.

On a weekend in February of 1993, 37-year-old Antonio Benedi felt a case of the flu coming on. As many people have done, he reached for a common over-the-counter pain medication. “I was taking Tylenol like I was supposed to by the label,” Benedi said. Within a few days, he was in a comma and desperately needed a liver transplant.

Benedi said that while he did take the medicine on a mostly empty stomach, he did not take the drug irresponsibly, which is what many people think must happen in order to be harmed by Tylenol. “I never misused anything,” he said, “I took Tylenol as recommended for three days. By Monday night, my liver was failing. By the time I reached the hospital, I was near death.”

Usage & Dosage Amounts

Not everyone is harmed by Tylenol. The issue here is that so many are, and that the manufacturer’s warnings seem inadequate. Tylenol was originally approved by the FDA in 1955 and has enjoyed the public’s and medical communities’ trust for decades. Many have touted Tylenol as the safest drug on the market. The medication world assumes that consumers tend to exceed the recommended dosage of over-the-counter drugs for various reasons.

For example, they may not realize they are taking other medications that also contain the same ingredients. Others may not remember exactly when they last took a dosage. Also, many people view over-the-counter drugs as extremely safe and think that taking one or two extra pills won’t cause any harm. A typical over-the-counter drug has a maximum safe dosage of roughly ten times the recommended dosage on the bottle. However, Tylenol’s manufacturer recommends a dosage that is equal to the maximum safe dosage, leaving no room for error. Acetaminophen, that is Tylenol, bears a warning about liver damage, but no warning about liver failure or death. In fact, acetaminophen is the number one cause of acute liver failure in the United States.

Alcohol Effects

Let’s take a look at two groups of pain sufferers who may have a strong probability of being harmed by the drug. Users who have ingested alcohol and users who are fasting. Small print on the labels do warn against taking the drug if you’re having three drinks of alcohol daily. This is not the clearest explanation of how much is too much if for example, you had several drinks last night and none today. Headaches are common during fasting and during hangovers. Acetaminophen is often used for relief at these times. The human liver is normally capable of neutralizing the chemicals in Tylenol’s manufacturer’s recommended dosage. However, for people with alcohol in their bloodstream or who are fasting, their liver is already functioning at a higher capacity and is therefore unable to process the toxins found in acetaminophen.

Hunger Effects

People fast for many reasons and for different lengths of time. Even breakfast follows a fast. It is breaking a fast if you refrain from eating between supper and breakfast. Low-income children and adults may skip one or two meals. Many other people fast to lose weight and for religious purposes.

Do you think that Tylenol and other acetaminophen manufacturers should warn of the dangers such as liver failure and death when taken at the recommended dosage? Next time on You Be The Judge. Does evidence show that dosages equal to or less than Tylenol’s recommendation are deadly?

By: Edward Lake

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

Diagnosed With Mesothelioma

You’ve been diagnosed with mesothelioma, but your employer and every employer that you ever worked for is out of business and you’re concerned with how you could have a legal case.

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can tell you that almost every client that walks into my office brings up this concern. I’ll give you an example.

 Worker’s Compensation for Asbestos Exposure

A plumber that I represented recently came to my office and talked to me about his exposures to asbestos, but his big concern was that the four plumbing companies that he worked for during the course of his career as a plumber, which was over 40 years, they were all small companies and were all out of business. I explained to him that in New York State, and in most states, you can’t even sue your employer for work-related injuries; your benefits are limited to worker’s compensation.

How a Plumber was Exposed

So when I met with this client, this plumber, we talked about all the ways he was exposed to asbestos and it came out that he was exposed to asbestos from all types of equipment during his 40-year career as a plumber, boilers, and pumps, and asbestos cement, and pipe covering and pipes, and all sorts of things, and he was able to have a very strong and successful case.

 Employer Out of Business, Not Out of Responsibility

Why am I sharing this with you? Because this is a common concern. The client comes into my office and informs more that their employers are out of business, and they think that they can’t address their legal rights. And I explain to them that it’s not just the employer who can be responsible, there’s many other entities who can be responsible, and an asbestos case is really an attempt to capture all of the lifetime exposures to asbestos.

 Contact Us With Questions or Concerns

I’m sure you have many more questions about this topic as it relates to mesothelioma, and we can answer those questions. I’m Joe Williams, and if you look at the screen below you’ll see my office number. I encourage you to give us a call, we’ll answer your questions. Thank you.

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

Injured At Work

If you’ve been injured as a result of falling from a location at work or having something fall and strike you at work, you may have the right to bring a lawsuit under the New York State Labor Law. In order to determine whether or not you have a proper claim under that law, it’s necessary to access all the circumstances of your accident. For more information about a possible claim under the New York Labor Law, call the Maurer Law Firm or visit our website for more information on what you may be entitled.