New York Personal Injury Laws

Mesothelioma Diagnosis

How is mesothelioma diagnosed? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City and I can tell you that there’s generally two ways that physicians – doctors – diagnose mesothelioma.

Clinical Diagnosis

The first way of diagnosing mesothelioma is a clinical diagnosis. That means that a doctor is evaluating a patient’s presenting symptoms to draw a picture as to what this patient could be suffering from. So the things that are evaluated are things like shortness of breath. Often with mesothelioma victims fluid builds up – it’s called a pleural effusion – but it’s basically just a build up of fluid between the bony rib cage and the lungs and when the fluid builds up it pushes on both the ribs and the lungs. The ribs don’t move, they’re made of bone, so it pushes in and impacts the lungs, makes it harder for the patient to breathe. Shortness of breath is a known symptom of mesothelioma. General fatigue and weakness, weight loss – substantial weight loss, unexplained, in a short period of time – is another factor, another symptom that physicians will use to clinically diagnose or be suspicious of mesothelioma.

Definitive Diagnosis

For mesothelioma victims, the definitive diagnosis comes in the form of a biopsy, and for pleural mesothelioma it’s a biopsy of the pleura. The pleura is the lining on the outside of the lung sometimes referred to as a saran wrap like substance that lines the exterior – the outside – of the lung and doctors will take a biopsy of that surface to determine if a patient has mesothelioma. And how is that biopsy taken? Well, it’s usually taken through a surgical technique and I’d say the most common one would be a video-assisted thoracostomy sometimes known as a vat, V-A-T, a video-assisted thoracostomy. The doctors go in with several instruments, one of which has a camera on it, and the surgeon – the doctor – can visualize the area in the chest where the mesothelioma could be, and with other instruments – and again this is a minimally invasive technique – the physicians can take a biopsy, a piece of flesh.

That biopsy material is then taken and sent to a pathology lab within the hospital. And the pathologist, they’re a specialized doctor who deals with diagnosing disease from looking at a slide. The flesh is put onto a slide and for mesothelioma victims the slides are often stained in certain ways so that different cell types can be visualized when the pathologist looks under a microscope at the slide. That pathologist then writes out a report – it’s called a pathology report – and the pathology report is a very important piece of paper that becomes part of that patient’s medical case because it definitively diagnoses their disease, and it becomes a very important part of their legal case because it definitively diagnoses them as having been a victim of pleural mesothelioma.

I’m sure you have many other questions about how mesothelioma is diagnosed. I’m Joe Williams, and at our firm we handle cases every day for mesothelioma victims. This is what we do every day and we can answer your questions. I encourage you to call our office at the number below and we’d be happy to answer your questions. Thank you.

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.

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

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

Tylenol Health Risks

Previously on You Be the Judge, 37-year-old Antonio Benedi felt a case of the flu coming on. After taking the recommended dosage of Tylenol for three consecutive days he ended up in coma, near death, and was in desperate need of a liver transplant. 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.

Acetaminophen Dosages

When people hear about the dangers of Tylenol or acetaminophen they often assume that Tylenol only harms people who abuse the medication or who don’t follow the directions. Is this true? And is the recommended dosage safe? It is widely asserted that a daily intake of 7,000 milligrams can severely damage an adult’s liver, but the level at which such damage begins to occur is predicted to be much lower. Levels as small as 2,000 to 4,000 milligrams have been implicated in approximately 10% of deaths related to acetaminophen, proving that the medication does not have to be abused to cause harm.

Considering that a single capsule of extra strength versions of acetaminophen is 500 milligrams, as few as four capsules might damage the liver. This is particularly concerning when you realize that bottles containing 500 milligram capsules of acetaminophen say that the maximum daily dosage is eight pills. 8 times 500 milligrams a total of 4,000 milligrams.

To add to the confusion around this medication, prescription drugs containing acetaminophen often have warnings about liver failure and even death, but the over-the-counter versions do not.  In 2009 the FDA recommended that the adult daily dosage for acetaminophen be reduced from the current maximum of 4,000 milligrams to no more than 3,250 milligrams.

McNeil Consumer Healthcare, a Johnson & Johnson subsidiary and the manufacturer of Tylenol, responded that they feared the recommendations could have the effect of steering consumers away from their drugs. To this day the company has not reduced the recommended dosage.

Selling Tylenol & Acetaminophen Over-The-Counter

Consider the following facts:

One, hundreds of the drug users die annually and tens of thousands are hospitalized. Two, over-the-counter forms do not warn of liver failure or death while prescription forms often do. Three, acetaminophen is the number one cause of acute liver failure. Four, the maximum dosage and the manufacturer’s recommended safe dosage leave no room for human error. Five, warnings on the label about alcohol are not very clear. Six, there are no warnings on the label about taking the medication while fasting. See the previous episode for details about taking acetaminophen with alcohol or while fasting. Seven, alternative medications are available that yield the same benefits and far fewer risks. Eight, many experts believe if Tylenol were introduced as a new drug today it would not be approved.

The damaging effects of acetaminophen are linked to over 100,000 Poison Control Center calls, 56,000 emergency room visits, 26,000 hospitalizations, and more than 450 deaths each year.   One final thought, if the side effects and risks linked with acetaminophen were associated with a dietary supplement, it would be pulled from the market immediately.

By: Edward Lake

Medical and Dental Malpractice Negligence

When you’re talking about medical or dental malpractice, you’re really talking about negligence. To prove a medical or dental malpractice case, we must show the doctor has failed to meet accepted standards for medical care in your community. Some examples of medical or dental malpractice include failure to diagnose breast cancer or an impending heart attack. Malpractice may also stem from a surgical error. For instance, an oral surgeon may place an implant too close to a nerve. To know if you have a valid malpractice case, it’s essential that an experienced lawyer reviews your medical records and consults with appropriate medical experts. The selection of the right medical expert in your case is extremely important. I will only work with a doctor who truly believes you have a valid case. If you feel you or a loved one has been injured as a result of the negligence of a doctor or dentist, and you would like to arrange a free consultation, please contact us or chat with us on our website.

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.

Asbestos Exposure in Nassau County

You’ve been diagnosed with mesothelioma, and you worked in Nassau County, New York, and you’re wondering, “How did I get this disease?”. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York, and I can give you some information about asbestos exposures in Nassau County. We know that in Nassau County, LILCO – now it’s known as National Grid – had a powerhouse in Roslyn. We know that at these types of powerhouses, asbestos components were used by the workers during the construction of the powerhouse, and also during the repair and renovation work that’s done on an ongoing basis at a powerhouse like the one that existed in Roslyn, New York. We also know that in Nassau County, the population moved eastward from the city and the boroughs into Nassau and Suffolk Counties. And as that happened, there was a housing boom, and homes – residential homes – apartment buildings were built by union tradesmen, by workers, building Nassau County with their hands. When they did that, they used all manner of building materials, many of which, contained asbestos. The joint compound and sheetrock used to build walls in houses, the floor tile on the floors, the roofs of these homes, and other components as well, exposed these workers to asbestos dust.

Now, you have questions about mesothelioma and asbestos exposure. I’m Joe Williams, and at our firm, we help mesothelioma victims and their families every day. I invite you to give us a call and we’ll answer your questions. Thanks.

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