New York Personal Injury Laws

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.

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.

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.

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.

Maurer Law Firm

I’m Ira Maurer, founder of the Maurer Law Firm. Welcome to our website.

I’ve been practicing serious personal injury law in New York, Connecticut, New Jersey, and throughout New England for over 30 years now. When I decided to open the Maurer Law Firm, there were a few principles that were important to me. I wanted every client of this firm to know that they would be treated like family, because that’s how I would want to be treated. I restrict the number of cases that I handle so that I can devote my attention to each and every client and their personal needs. Working as a lawyer isn’t just a profession for me. It’s my life.

For more specific information about the types of cases we handle here at the Maurer Law Firm and the process that’s involved in each type of case, please click on the link below.

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

Superbug CRE Linked to Infection, Disease and Death

Could a common medical device used in endoscopic procedures be linked to one of the most deadly diseases of our time? Let’s take a look at the facts. Antibiotic overuse and a nightmare of superbug have taken a heavy toll on Americans. As new drug-resistant diseases flourish in hospitals. What’s more, an estimated 40,000 harmful and lethal errors occur everyday in medical facilities. The Center for Disease Control reported that 1 in 25 patients develop a hospital acquired infection. In 2011, an estimated 722,000 hospital patients contracted an infection while under acute care. 75,000 died as a result.

A superbug called CRE, carbapenem-resistant enterobacteriaceae appeared in 2001 in the United States. CRE is resistant to a class of antibiotics called carbapenem which are often used as a last resort against deadly bacterial infections. More than 500,000 patients undergo endoscopic procedures using duodenoscopes in the US every year. These medical devices are used for diagnosing and treating cancers, gallstones and other digestive ailments.

Use of Duodenoscope

A duodenoscope is a thin, flexible fiber optic tube that is inserted down the patient’s throat to allow a doctor to examine an organ. The problem for patients, is that the intricate design of the device makes it extremely difficult to disinfect. Even meticulously cleaning the devices does not eliminate the risk of transmitting infection. The design allows for efficient procedures while leaving the patient at risk for infections passed from other patients. Even if cleaned according to the manufacturer’s instructions, the risk of multidrug-resistant bacterial infections persists. For years, hospitals, clinicians, the CDC and researchers have been warning the Food and Drug Administration about the problems associated with procedures using duodenoscopes.

John Allen, a professor at the Yale School of Medicine tells us that we have known about this even as early as 1983 or 1984. With half a million patients undergoing procedures involving the duodenoscope, which is difficult to properly sterilize, patients are left with questions about their safety. Researchers give little hope regarding CRE, saying that, there is little chance that an effective drug to kill CRE bacteria will be produced in the coming years.

CRE Medical Malpractice Lawsuits

Given the lack of available information, many have pursued medical malpractice claims after lost of loved ones or suffering severe illness and having to be hospitalized for months. Now, we are able to see the problem is not with the medical facility, as they have been given a device which is at its core defective without proper means of sterilizing. Share this video today. Americans have suffered in hospital beds for months because of how little these facts are publicized.

Share this video with your friends and family, so that they can be aware of the risks of this seemingly harmless procedure. If you think that you or a loved one has suffered from a superbug after undergoing a duodenoscopic procedure, call our team today. We have worked with people like you across the nation. It cost you nothing to consult with our team. We only get paid if and when you get compensated. Call today for a free consultation at 888-LAW-8500. That’s 888-529-8500 and visit us online at lawyersusa.com/superbug.

By: Steven Gacovino

Lung Cancer Versus Mesothelioma

When new clients come into my office, they often talk to me about their lung cancer. They mention mesothelioma, but they don’t really understand the difference. I want to talk to you about that difference now. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you a little bit about these two different diseases, both of which can be caused by asbestos. First let’s talk about lung cancer. Lung cancer is a malignancy that grows within the lung itself. Now, here in this anatomical drawing, the lungs are represented here. This is known as the lung parenchyma. It’s a spongy organ that is within the bony rib cage. Now, lung cancer as it’s known– and there’s many different cell types of lung cancer. But lung cancer just generally, is a discrete tumor inside the parenchyma, inside the tissue of the lung.

So you’ve heard the term golf ball-like tumor. Sometimes, doctors refer to it as a nodule. That’s the kind of tumor that happens within the lung tissue. Again, there’s different cell types, but it’s generally called lung cancer. Now, mesothelioma is very different. Mesothelioma is a very specific cancer, and it’s really only two different cell types – epithelial mesothelioma or sarcomatoid mesothelioma – or it can be a combination of the two. That’s called biphasic mesothelioma. But no matter which cell type it is, mesothelioma is a tumor – a malignant tumor – of the lining outside the lung. Now, outside the lung, you see this whitish grey substance here. That’s the pleura. There’s a parietal pleura and a visceral pleura, and these two pleural surfaces interact with the outside of the lung and the inside of the rib cage, and in-between the two of them, there’s a little bit of liquid. So as our diaphragm involuntarily contracts, it pushes the spongy lung tissue – the spongy lung organ – up, and allows us to take a breath. The pleural surface allows the lung to slide along inside the bony rib cage. And we don’t even know it happened, it’s involuntary.

When someone has malignant mesothelioma, a tumor of these pleural surfaces, just breathing can cause pain. Also, the tumor pushes in on the spongy lung tissue, contracts the lung. You can’t get a full breath. Mesothelioma victims experience shortness of breath because of that. The mesothelioma tumor does not grow like a golf ball. It’s a diffuse tumor that grows in a diffuse pattern along the pleural surface, and tends to encase the lung area. Some have described it like a rind of a grapefruit. It’s a diffuse tumor. Those are some of the differences between lung cancer and mesothelioma. I’m telling you this, because you have questions about mesothelioma, about asbestos exposure.

I’m Joe Williams. At my office we handle cases for victims of mesothelioma and lung cancer every day. We deal with these issues, deal with these questions each and every day. If you have questions, I invite you to contact our office. We’ll answer your questions. Thank you for watching.

Injured in a Motor Accident

Sometimes even a minor car or biking accident can result in severe long term injuries that can be costly. If you’ve been injured through no fault of your own, don’t go it alone. The legal team at Wilson Law has successfully resolved claims for severely injured individuals, by either negotiating with the insurance company or going to court. Don’t get overwhelmed. See the attorneys at Wilson Law for a free consultation. We’ll even come to you.

At Wilson Law we’re standing up to them and standing up for you.