New York Personal Injury Laws

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.

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.

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

Brick Layer Exposed to Asbestos

You’re a bricklayer. You’ve now been diagnosed with mesothelioma, and you’re wondering how did you get this disease?

 Mesothelioma Trial Attorney

Hi, I’m Joe Williams. I am a mesothelioma trial attorney, and I want to talk to you a bit about the types of exposures to asbestos that bricklayers faced from their work on the job. In order to do that, I want to talk to you about a prior client I had, and his work is a good example of how bricklayers are exposed to asbestos.

How Do Brick Layers Become Exposed

He worked at very large commercial sites, sites like the World Trade Center, and he also worked at smaller commercial sites. He was a union bricklayer, so he did all commercial work. And the smaller sites for him were six-story apartment buildings, and whether it was a big building or a small building, his work was kind of always the same. He did brick and masonry work, Brick and masonry walls, and from time to time, especially back in the 1950s, some of the actual brick that he used contained asbestos.

But mostly, most of his exposures to asbestos came from the work of other tradesmen. Now when he was doing his work, other tradesmen could be shoulder to shoulder with him or maybe within ten feet working with products that contained asbestos. If he was building walls in a boiler room, plumbers or steamfitters could be working on the boiler systems working with steam pipes and working with the equipment in the boiler room, all of which was insulated with asbestos.

Mixing asbestos, applying it as a insulation material to high heat and to steam equipment while my client, the bricklayer, is putting up a masonry wall not far away. They’re all breathing the same dust, and all of the tradesmen in the room are susceptible to getting mesothelioma. In addition, when he was doing his work in different parts of apartment buildings, other trades were putting up internal walls and putting in floors using building materials that contained asbestos.

These exposures to asbestos, caused by other trades working near my bricklayer client, caused him to get mesothelioma. Now why am I telling you all this? It’s because you have questions about mesothelioma, and about the types of exposures that bricklayers would have to asbestos.

I’m Joe Williams, and at our office we handle cases from mesothelioma victims every day, and we deal with these issues every single day. Call us at our office, we’ll answer your questions. Thanks.

Shipyard Workers Exposed to Asbestos

You worked in shipyards, and now you’ve been diagnosed with mesothelioma, and you’re wondering what caused your mesothelioma. Hi, I’m Joe Williams. I’m a mesothelioma trial attorney here in New York City, and I can answer your questions. We know that shipyards were filled with asbestos. Shipyards such as here in New York are good examples– the Brooklyn Naval Yard. The Brooklyn Naval Yard, that’s where the ships were built during World War II and thereafter, and they were worked on, serviced, built from the ground up, as well, in that yard. There’s also private shipyards that are not naval yards, where non-naval ships were worked on, both built, constructed, maintained, and repaired. Whether it was the building of a new ship, or the repairing of an existing one, the work was the same, and it involved working with asbestos products, such as insulation, insulation on steam pipes, insulation on equipment such as large boilers on these ships, asbestos blankets, which were put on turbines on these ships. Asbestos gaskets were cut and fabricated at these shipyards to use on these pipes, on the steam pipes, on the hot water pipes on these ships, and that’s something that happened often, almost every day, at a shipyard. Bags of asbestos cement, high temperature asbestos cement, as well, would be used and mixed with water, and applied to the piping, the equipment, and the machinery on these ships, and at these shipyards. So, there are a multitude of exposures to asbestos that a shipyard worker would have. I’m sure you have more questions about how shipyard workers were exposed to asbestos. Well, we can answer those questions. I’m Joe Williams. I invite you to call the number below. We’ll answer your questions. We help mesothelioma victims every day. We’ll answer your questions. Thank you for watching.

Jewelers Exposed to Asbestos

Did you know that jewelers could be exposed to asbestos from their work as a jeweler, and later in life be diagnosed with mesothelioma? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney, and I want to talk to you about some of these asbestos exposures.

 When the Exposure Occurs

A jeweler would work on casting jewelry. In order to do that, they would do something called the lost wax method in which they would make a mold using wax in a container. The important part of this is that the container itself would be lined with an asbestos containing product, often an asbestos containing paper. That material would have to be cut and manipulated to get into the mold. The asbestos was used so that when the mold is put into the oven, it would stand the high heat of the oven during the molding process. The jeweler would be cutting this asbestos paper product exposing themselves to asbestos fibers and asbestos dust over the course of their career.

In addition to that, jewelers soldered jewelry. They did that on soldering boards, or pounding boards, made of an asbestos stone. The repeated use of this board made of stone over the course of time released asbestos dust that the jeweler would breath on a continual and daily basis. These exposures to asbestos can cause a jeweler to develop mesothelioma decades later, later in their life, even after their work has long stopped.

Now, I’m telling you this because you have questions about mesothelioma, and about what causes mesothelioma. I’m Joe Williams, and at my law firm we deal with these issues every day. We represent mesothelioma victims and their families each and every day. If you have questions, I invite you to contact our office, and we will answer your questions. 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

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.

Workers’ Compensation Laws

When you’re injured on the job, unless you work for the railroad industry, or you’ve been injured as a result of the negligence of someone other than your employer or a co-employee, you are not permitted to sue your employer. Workers’ compensation laws bar you from bringing that type of lawsuit. You need an experienced law firm, who understands what’s involved and how to analyze the facts and circumstances of your case to know if you, in fact, have a basis for a lawsuit.

Being injured on the job can leave you wondering what’s going to happen in your future. Contact me or visit my website