New York Personal Injury Laws

Legal Rights and Evaluating Your Past for Evidence

A family member has been diagnosed with mesothelioma and you’re wondering do they have any legal rights? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City, and I can give you some information about this topic and it’s a very important one, because workers in industry and in various trades throughout the course of the past century often worked for decades with their hands building America and working with asbestos products. These same workers are the folks who 30, 40, 50, 60 years later, have been now diagnosed with mesothelioma. They are put in the position of taking this path down into their history, into their past to try to figure out how they could have been exposed to asbestos. What I can tell you is that everyday at my office, we represent individuals who are suffering with mesothelioma. We represent them and their families as they take this journey to try to figure out how they contracted this terrible disease. What we do in all of these cases is we look for the companies, the defendants as they are called, who could have exposed our client to asbestos. When we’re able to find who those companies were through a very thorough investigation and lot of research into these cases, we then proceed to demonstrate in court how those companies failed to warn our clients about the dangers of asbestos. You see under the law in various states and certainly in New York State, there is a duty to warn of known dangers to end users, perhaps like you or your family member who work with these asbestos products and that failure to warn about the known hazard, the hazard being cancer, mesothelioma creates liability on these corporate entities. Why am I telling you this? I’m telling you this because you have questions about mesothelioma and the legal process as it relates to mesothelioma, and we can provide answers to those questions. I’m Joe Williams and every day we represent victims of mesothelioma. We can answer your questions as well. I hope you found this video informative, and I thank you very much for watching.

Manhattan Workers Vulnerable to Asbestos

You’ve been diagnosed with mesothelioma, and you worked in Manhattan, in New York City, New York. And you’re wondering, where did you get this disease from? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney, and I am in New York City, New York.

I have some information for you about asbestos exposure sites in Manhattan. Now, every discussion about asbestos exposure in Manhattan starts with a discussion about building and construction. Here in New York City, the skyscrapers and the Manhattan skyline that we all know so well, were built primarily throughout the course of the last century.

Where The Exposure Came From

The World Trade Center was built in the late ’60s and into the 1970s, and at the time was the largest construction project in the world, creating the tallest buildings in the world at the time. The Brooklyn Navy Yard is just a stone’s throw away across the East River to Brooklyn.

Where ships were constructed and built using all manner of asbestos products. Other famous buildings like the Empire State Building and the Chrysler Building, as well as lesser known high-rises, multi multi story buildings were constructed during the course of the last century with union tradesmen’s hands, which exposed those workers to asbestos dust.

Large hospitals, perhaps even hospitals that you are being treated at such as Memorial Sloan Kettering, New York-Presbyterian, Weill Cornell, NYU, Columbia Presbyterian. These hospitals are large medical facilities which were built during the course of the past century.

The subway and transit system, has been built and worked on during the course of the last century by union hands. All of this work exposed workers to asbestos. Now you have mesothelioma, and if you worked in New York City, you could have been exposed at these job sites.

We have information about these job sites and about asbestos exposure. I’m Joe Williams, and at our firm we handle cases for mesothelioma victims and their families every day. If you have questions, we can answer those questions. I invite you to look at the number on the screen below, and give us a call. We’ll answer your questions. Thank you.

Railroad Companies Already Making Their Case

It’s very important if you’re an injured railroad worker, that you hire an experienced law firm as soon as possible. The reason is, the railroad has a whole system that goes into effect right away. They have all sorts of departments that collect evidence, they take witness statements, they reenact your injury. And before you know it, they’ve tied up the defense of the case before you’ve gotten out of your hospital bed.

You need an experienced attorney who knows how the railroad industry works, understand the law, what the proof is that’s required to win your case. We can help you at the Maurer Law–

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.

Asbestos Exposure to Mesothelioma Diagnosis

How long does it take to get mesothelioma from exposure to asbestos? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. And to answer this question, we have to talk about the concept that doctors and scientist refer to as latency.

What latency basically means is the time from exposure to a known carcinogen, to the time when that patient is diagnosed with cancer. And to illustrate the point, I want to give you an example. Let’s say that I have a cough, and I cough into my hand.

I now have those germs on my hand. I then go and I meet you socially and say, “Hi, how are you? I’m Joe Williams. Nice to meet you.” And we shake hands. I then transfer, unfortunately for you, those germs to your hand.

You then wipe your face or your mouth, and the germs go into your system. Well, not surprisingly, three days later you start coughing. That cough, that cold, had a three day latency period. It’s very similar when we talk about mesothelioma.

The difference is the time frames involved. And it’s widely accepted by doctors and scientist throughout the world, that there is a very significant latency period for mesothelioma. From the time of exposure, perhaps a powerhouse worker working in a powerhouse in the ’50s.

Or a machinist mate on a aircraft carrier in the US navy in World War 2, could today be diagnosed with mesothelioma. The latency period, again widely accepted by the entire medical community, could be that long.

Anywhere from 20 years, 15 years, all the way up to 60 or more years, from the time of that exposure to asbestos to the time when that diagnoses of mesothelioma is made. Why is that important? It’s important because the nature of this disease requires us to journey back, and evaluate those exposures that occurred decades, sometimes many decades ago.

And it’s important to be able to take a thorough occupational history, to figure out all the possible exposures to asbestos for a mesothelioma victim. Now, you may have many more questions about latency as it relates to mesothelioma, and I can provide the answers.

I’m Joe Williams, and in our firm we deal with these issues every day. We represent victims of mesothelioma every day, and we can answer your questions, and we’ll be happy to do that. So look at the number below and call our office, and we’ll answer your questions. Thank you very much for watching. I hope this was informative.

Medicare Reimbursement

If Medicare pays the bills for a mesothelioma victim’s treatment, will they seek to get that money back? Hi. I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the answer to that question is most probably yes. There are both federal and state laws that govern the procedures that are followed when dealing with Medicare and their pursuit of getting their money back in the form of a lien. Medicare generally puts both the mesothelioma victim and their attorneys on notice that they are seeking to get this money back. They assert what’s called a lien, and that’s just the legal process wherein an entity like Medicare asserts legal rights to the money.

There are rules governing the disclosure to Medicare of certain settlements. We make sure that Medicare is paid back, and importantly, there’s an entire disputes and appeals process under these federal laws that allows us to dispute certain liens and lien amounts if they’re not appropriate. There’s a process in place, and at my office, we have a process in place to scrutinize the lien and the bills that Medicare asserts that they are owed. We take care of evaluating any of those bills and checking them to make sure that they’re appropriate, and in many circumstances we get them reduced.

You’re watching this video because you have questions about mesothelioma and potential Medicare liens. We have answers. I’m Joe Williams, and at my office we deal with these claims everyday. We represent mesothelioma victims everyday. I encourage you to call my office at the number below and we’ll answer your questions. Thank you.

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

Upfront Attorney Fees

When a mesothelioma victim and their family come into my office, one of the first questions they ask me is are there any upfront costs or fees for me to handle their case? Hi, I’m Joe Williams. I’m a mesothelioma trial attorney in New York City. I can tell you that the answer to this question is absolutely not.

 Paying to Prosecute Your Case

In a mesothelioma case, the lawyers for the victim lay out the money to prosecute the case. So things like court filing fees– to file the case, to start the case, there’s a fee in the courthouse to do that. The lawyers lay out that money. Fees associated with continuing the case, the lawyers lay out that money. Fees associated with hiring expert witnesses– a mesothelioma case requires the hiring and retaining of some very important expert witnesses in order to support the medical and exposure claims that are made in the case. All of those fees are disbursements which are laid out by the attorneys in the case. I can tell you at our firm, we never ask a client to set forth any payments, any money, until the case is concluded.

 Post-Settlement Money

What happens is the case is prosecuted until it’s completed. At that point, the money that is obtained in the form of a settlement or a judgement or verdict at trial, the lawyer takes the disbursements and pays them back, then takes the lawyer’s fee. All the remainder of the money, whether it be in the form of a settlement or a verdict at trial, all of that is the client’s proceeds from the result obtained in that case.

Contact Us With Questions or Concerns

Now you may have many more questions related to this topic and others. I’m Joe Williams. My office number is listed below. I encourage you to give a call to our office. We will answer your questions. We’re here to help you and to answer your questions. Thank you.

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