New York Personal Injury Laws

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

Iron Workers Diagnosed With Mesothelioma

You worked as an iron worker, and you’ve now been diagnosed with mesothelioma and you’re asking yourself, “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 that iron workers had to asbestos. In order to do that, I want to talk to you about a former client of mine who was a union iron worker. He dealt with structural steel which he installed and worked on, which was also being sprayed with asbestos containing fire proofing spray. Now, he would be on one area of a floor while the sprayers were following his working and spraying the structural steel with fire proofing. That entailed mixing the dry fire proofing product with water, putting it into a gun, and the fire proof sprayers would spray the I-beams and the structural steel with this asbestos containing substance. While that was being sprayed onto the I-beams and into the air, my client was in the work space breathing in any asbestos dust created by that. In addition, after the fire proofing spray dried, and the ceiling had to be put in, hangers had to be attached – metal hangers had to be attached to the structural steel so that the drop ceiling could be installed. In order to do that, the fire proofing spray had to be scraped off of the structural steel. It was dry by that point, and the scraping of the fire proofing which contained asbestos caused dust in the air which the iron workers breathed – including my client. He also worked doing some ornamental iron work, and that meant that he was present at job sites when the job was more in the finishing process; when the internal walls were being put up, when the floors were being put in, because he would be putting in such things as railings and other steel fixtures, in perhaps tenant spaces or common areas. He was exposed to the work of other trades men who worked with joint compound or floor tile or ceiling tiles. Things that contained asbestos, and working with those products caused dust in the air that all the workers on the job site would breathe in. All of them being susceptible to later being diagnosed with mesothelioma. Now, decades later, years and years after his work with asbestos and work around asbestos, he was diagnosed with mesothelioma. His doctors, after taking an occupational history, told him that his exposures to asbestos back on the work sites was the cause of his mesothelioma diagnosis. Now, I am telling you all this because you have questions about mesothelioma and about the types of exposures to asbestos that cause mesothelioma. I’m Joe Williams, and at our office we deal with these issues every day. We represent victims of mesothelioma and their families as they pursue justice for exposures to asbestos. If you have questions, contact our office. We’ll answer your questions. Thanks 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.

Types of Injuries

At the Maurer Law Firm, I’ve had clients who’ve come to me as a result of many different types of injuries. They may have been injured in a car accident. They may have fallen at work. They may have been a victim of medical malpractice. Whatever the cause, they all have something in common – their lives have been turned upside down. They don’t know what’s going to happen next. They don’t know if they’ll ever return to work, or if they’ll be able to make their mortgage payments. These are serious issues that are taken very seriously here at the Maurer Law Firm.

The litigation process can be complex and overwhelming. My experience and dedication to your case will help educate you on the process

Suffolk County Asbestos Exposure

You’ve been diagnosed with mesothelioma, you worked in Suffolk County, New York, and you’re wondering how did you get this disease.

Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I can give you information about asbestos exposures that occurred to workers in Suffolk County.

 Where Exactly Did This Exposure Occur

Now we know that in Suffolk County, New York, there were three major powerhouses, LILCO powerhouses. It’s now National Grid, but back when the workers were exposed to asbestos, they were LILCO powerhouses. The powerhouses were located in Port Jefferson, Northport, and Shoreham, and at these powerhouses, asbestos products were used. And workers – union tradesmen who built the powerhouses, who repaired and renovated these powerhouses over time – were exposed to asbesto during the course of their work.

We also know in Suffolk County, in both Bethpage and Farmingdale, there’s Grumman Aerospace, where military planes were built for the United States government using all manner of asbestos products, from asbestos gaskets in the machining of engines, to asbestos insulation products used throughout equipment and on the planes themselves. And also, during the course of the past century as the population migrated eastward to Suffolk County, there was a housing boom in Suffolk County. Houses were constructed, apartment buildings, which required the use of building products, many of which had asbestos-containing components, which exposed the workers – the builders who built Suffolk County – to asbestos.

Now you have questions about asbestos exposure and how you could have been exposed to asbestos in Suffolk County. I’m Joe Williams, and at our firm, we answer questions for mesothelioma victims and their families every day. I invite you to give us a call, and we’ll answer your questions.

Thanks.

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

Slip and Fall Claim Process

Today on You Be The Judge. If you slip and fall, can you really sue and easily win? Go inside a real life slip and fall claim and see what a judge looks for when determining who is at fault. We’ll show you the facts and let you be the judge. While the idea of slipping, falling, suing and winning is often joked about, if you were the one left with the medical bills, you may want to know if the property owner played a role in the accident.

1. Who Do You Sue

First, who do you sue? The defendant will most likely be the property owner or manager. The defendant has the duty to keep their premises reasonably safe from hazard.

2. Determine Breach of Duty

Number two, did the defendant breach their duty and/or damages caused as a result? In other words, was the property owner, manager or an employee somehow neglectful by causing or creating the dangerous situation? Knowing about it but not doing anything to prevent it? Or if they didn’t know about the danger, should they have known? Not only must you prove that the defendant breached their duty, you must also prove what is called proximate cause, which says that the injuries were the result of that specific accident.

3. Reasonable Defendants

Three, did the defendant act reasonably? If someone trips over an object left on the floor, was there good reason for the object’s position or could it have been easily and reasonably moved before anyone could trip on it? Did the property owner take precautions to minimize the danger? How long was the danger present prior to the accident?

4. Injured Person Acting Careless

Number four, was the injured person acting carelessly? Everyone has the duty to protect themselves and to be careful. Would another reasonable person in the same situation notice and avoid the danger? Was there a legitimate reason that the person was on the property? Had the owner placed a barrier or warning sign for the danger? Was the injured person engaged in activities that could increase the chance of slipping and falling?

Contributory Negligence

For example, texting while walking. In a slip and fall lawsuit, both sides will attempt to prove that the other was at least partially at fault. In some states there is contributory negligence. This is where the plaintiff is in any way at fault, they cannot recover damages.

Comparative Negligence

Other states have comparative. If the plaintiff is partially at fault, that percentage is subtracted from any award. Finally, some states will offer compensation if you are less than 50% at fault, but none if you are more than 50% at fault. Ultimately, the injured person bares the greatest burden of proof.

Slip & Fall Litigation Example

Now we’ll go inside an abbreviated real life claim, present the facts, and ask you to make a ruling. A woman we’ll call Helen went with her husband to visit their son at a correctional facility. Helen entered and noticed someone nearby with a mop in hand, a bucket on the floor and a caution sign. As she walked, she tried to stay on the carpet runner and eventually stepped off to get to where she was going. At that point, she did not see any mops, buckets or signs. As Helen stepped off, she slipped and fell to the floor. Helen’s husband’s foot slipped too, but he was able to avoid falling. The facility’s standard policy was to put caution signs in a square around wet areas. Consider the previously mentioned criteria of slip and fall lawsuits.

Number one, did the facility breached their duty to keep their premises reasonably safe from hazard? Two, did the facility act reasonably? And three, was Helen careless? Now it’s time for you to be the judge. Should the defendant be held responsible for all part or none of the accident?

By: Edward Lake

Pleural Mesothelioma

How does a person get pleural mesothelioma? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and in order to explain to you the general ways in which mesothelioma forms in the human body, I need to talk to you a little bit about the process of how those fibers get into the system.