Anapol Advocate Newsletter
| Date: | Fall 2008 |
| Subject: | The Anapol Advocate |
| Download: | PDF Format |
Your Advocates
by Joel Feldman
For more than 30 years, Anapol, Schwartz, Weiss,Cohan, Feldman & Smalley, P.C., has been dedicated to championing victims' rights and working to identify consumer risks before they impact the greater population.
That is why we're thrilled to unveil the inaugural issue of the Anapol Advocate, offering commentary from our attorneys about critical safety, health and economic concerns, and ways you can be an advocate in the workplace or at home.
Future issues will include a section featuring news about Anapol Schwartz. Until then, here are some of the successes we've achieved and honors we've earned in the last year.
- Co-liaison counsel in the New Jersey Vioxx litigation, partners Sol Weiss and David Jacoby represented more than 800 plaintiffs and played an instrumental role in the $4.85 billion settlement.
- Partners Larry Cohan and Miriam Barish resolved a multi-million dollar products liability suit involving defective products causing a house fire and resulting in catastrophic burns to a young child.
- Cohan and Jacoby were named 2008 New Jersey Super Lawyers®, while Weiss was one of five persons elected to the American Association for Justice's (AAJ) executive committee.
- Eight attorneys were also honored as 2008 Pennsylvania Super Lawyers®: Cohan and Weiss, and fellow Philadelphia lawyers Joel Feldman, Howard Levin, Mark LeWinter, James Ronca, Alan Schwartz and Bernard Smalley.
- Smalley also received the Thurgood Marshall College Fund's Award of Excellence, given to distinguished African- Americans who exemplify professional and civic excellence.
Safety First
Upholstered Furniture a Fire Hazard: Tips to Protect You, Your Home
by Mark LeWinter
You might be surprised to learn your upholstered furniture is a potential fire hazard if the polyurethane foam filling is not treated with flame retardants. In fact, fires involving residential upholstered furniture are the leading reason for fire deaths in U.S. households, annually claiming 300 lives, leading to 500 serious burn injuries, and resulting in $1.6 billion in damages, according to the U.S. Consumer Product Safety Commission (CPSC). The foam filling is a petroleum based product which fire marshals refer to as "solid gasoline." When ignited, it burns very quickly at extremely high temperatures, emits highly toxic fumes and is very difficult to extinguish.
Although recent CPSC proposed standards aim to reduce the known hazards caused by polyurethane foam, they don't mandate flame retardants in the foam, even though the cost is minimal and it has been proven to save more lives.
In fact, for more than three decades, the government has known about the dangers of polyurethane foam and the need for safety standards. It's inexcusable how it has allowed
Medical
Woes
Surgery: Follow Your Own Orders to Minimize Medical Errors
by Alan Schwartz
The statistics are alarming. According to the U.S. Agency for Healthcare Research and Quality, there are 195,000 deaths annually because of medical errors in hospitals, and surgical errors alone cost patients almost $1.5 billion each year.
But, from our experience representing individuals who have been harmed by medical missteps, there are proactive steps you can take to minimize the chance of errors. So, before you or your family member head to the operating room, keep these tips in mind.
- Discuss all Details, Ask Lots of Questions. Talk to your doctor about surgery risks and any concerns you may have. Question whether there are any medications you should avoid, and if it's wise to take antibiotics before and after the procedure to reduce chances of infection.
- Inquire about Anesthesia. Ask your anesthesiologist if you can stay awake during the procedure. Receiving spinal or epidural anesthesia, if an appropriate option, allows you to respond to a surgeon, but not feel pain. This is important so you can let the surgeon know if he/she is operating on the wrong body part.
- Avoid Scheduling Surgery on Fridays. Statistically, surgery at week's end leads to the highest rate of complications. And, if complications do develop, they may be treated by unfamiliar physicians and nurses. What's more, many diagnostic tests are not routinely performed on weekends, oftentimes causing a significant lapse in treatment.
- Mark the Surgery Site. In the appropriate situation, consider marking the surgery site with a permanent marker to prevent confusion, which can happen, over the location of the procedure.
- Confirm the Surgeon Performing the Procedure. Many surgical consent forms have a provision permitting not only the surgeon listed on the form, but anyone whom he or she designates to do the surgery. Verify with your surgeon that he or she will be the only one performing the procedure.
- Identify Yourself. To avoid errors in identifying surgical patients, you should be asked your name several times before and after you go to the OR. If the hospital personnel are not asking this, you should identify yourself and make sure they confirm the correct procedure.
- Address Post-Surgery Problems Immediately. If you experience any trouble after the procedure, or if you suspect an error, discuss the issue with your surgeon as soon as possible. If you're still unsure, get a second opinion.
Following this course will help to cut down the potential risks of surgery and ultimately protect you and your loved ones.
Partner Alan Schwartz has garnered many million dollar verdicts for victims of medical negligence. He is currently representing numerous victims and their families, including a woman whose husband died from a surgical error involving a colon resection for curable colon cancer. The surgeon performing the operation removed the wrong section of the man's colon, causing ureter injury, infection and bowel injury, leading to his death. Contact him at aschwartz@anapolschwartz.com
Trasylol: The FDA Let Thousands a Month Die
by James Ronca
What happens when 1,000 people die within a month's time from a known dangerous drug (which should have never been on the market)? Nothing.
This is the situation of the highly publicized Bayer AG's drug Trasylol® (generic name Aprotinin, initially used to prevent bleeding in high bleed heart bypass surgery), and a prime example of how the FDA isn't protecting public safety.
Despite Bayer studies as early as 1993 showing Trasylol's toxicity to the kidneys/mortality risks, the FDA approved the drug, and then signed-off on its expanded use in any type of heart bypass operation.
It wasn't until independent researcher Dr. Dennis Mangano published a 2006 New England Journal of Medicine study demonstrating Trasylol's high mortality risks (as compared to cheaper generics), that the FDA issued a health advisory. Only then did Bayer commission its own study. Ultimately supporting Dr. Mangano's findings, the study was never mentioned at an FDA meeting where a vote kept Trasylol alive — it doesn't take a CSI cast member to understand the motives behind this.
A 2007 Canadian independent study finally prompted the drug's suspension 14 years after the first red flags were raised. (Recently, the drug was totally recalled.) Dr. Mangano estimates approximately 1,000 patients have died each month as a result of Trayslol — and this story is just one of a dozen prescription drug stories we could tell.
If drug companies aren't concerned about the FDA, wouldn't they be afraid of lawsuits? Wouldn't they ensure their products' safety before bringing them to market? If the FDA isn't protecting the public well enough, at least individuals can sue drug companies and rely on their right to a trial by jury?
That's not the case anymore. After decades of advocating for public health/safety, the FDA is supporting a legal interpretation eliminating an individual's right to bring a claim. Yes, the same agency that ignored a red flag for many years and, when reminded, stalled; that same agency that doesn't want a jury to do what it is supposed to do.
Who's Watching Your Investments?
by Joel Feldman
Oftentimes, no one. And, in a troubled economy — with the recent financial bailout and the stock market plummeting — that's particularly bad news.
Most investment accounts require the broker to receive your permission before buying or selling stocks or mutual funds. But that doesn't mean he/she is regularly checking your investments. When brokerage firms are sued over account losses, they always argue that, in non-discretionary accounts, they have no duty to regularly monitor your account. That defense has been raised time and time again in securities arbitrations where the broker was solid "asleep at the wheel" and did absolutely nothing to stop huge losses — a sign of a risky investment strategy.
However, here are some simple steps you can take to minimize losses and maximize your financial health:
- Know your broker. Is your broker qualified? Has your broker been subject to disciplinary action or been sued successfully by other investors? These questions can easily be answered from the FINRA (Financial Industry Regulatory Authority) by visiting www.finra.org under FINRA Broker Check or calling the hotline at 800-289-9999.
- Determine your investment objectives and risk tolerance. Brokers are required to invest your money consistent with your financial condition, investment objectives and your risk tolerance. All too often, we see situations where investors did not want to take risks with their hard-earned money, yet the broker recommended very aggressive investments. This frequently happens when investors sign blank forms after opening accounts. Call your broker and ask for copies of your investment objective and risk tolerance forms. If they are not accurate, request investment changes to meet your goals and comfort level.
- Ask questions, demand answers. Question whether you're invested properly. Have your assets been invested in a number of different types of investments across a
variety of industry sectors, or has the broker over-concentrated your investments in one particular sector, dramatically increasing your chances of losing money in a down market?
- Stay in touch. Frequently communicate with your broker. This prompts review of your investments on a more regular basis, and provides you with the service you have paid for and deserve. If you are not happy with your broker's response, go to his/her boss.
Retaining a properly trained broker who follows basic rules of prudent investing — and being a diligent investor — will help prevent most significant stock losses, even in a down market.
Managing Partner Joel Feldman helps individuals recover stock market losses, as well as compensation for injuries caused in nursing homes and other personal injury matters. Contact him at jfeldman@anapolschwartz.com
Upholstered Furniture a Fire Hazard: Tips to Protect You, Your Home
continued from page 1
the furniture industry to manufacture highly flammable products that have claimed thousands upon thousands of lives.
However, the good news is that there are some manufacturers and retailers, like J.C. Penney and Ikea, that put consumer safety before profits by refusing to sell furniture unless it contains flame retardants — even though they are not required to do so under current law. While we await regulations and hope for more stringent guidelines, here are some life-savings steps you can take now, from purchase point to home, to protect you, your family and your home:
Do Your Homework. Before purchasing a new sofa or chair, read the label. Ensure it says the furniture is manufactured with flame retardant properties. Look for a "Uniform Furniture Action Council" (UFAC) label, stating the fabric has smolder resistant qualities. And, check the tag for Cal 116 or Cal 117 Standards. (California is the only state mandating foam be flame retardant.) This tag means that the foam is treated with flame retardants.
Keep Your Distance. Keep all possible ignition sources, candles, cigarettes, etc., clear of upholstered furniture, and ensure that furniture is not too close to any heat sources, such as portable or baseboard heaters.
Get Out, Don't Put It Out. Upholstered furniture fires grow rapidly, and thick black smoke makes it impossible to see clearly. The gases emitted can incapacitate and kill you within minutes. (See how a fire spreads at http://www.anapolschwartz.com/videos/ products_liability.shtml).
Partner Mark LeWinter, a products safety attorney, represented a family that lost four members in an upholstery-related fire, resulting in a $3.75 million settlement with the manufacturer for failure to provide flame retardants in its fabric/foam. Contact him at mlewinter@anapolschwartz.com
In the
Community
The Anapol Schwartz Foundation
Our dedication to clients and their families is not limited to advocating for their rights in the courtroom. Recognizing that economic recovery is only part of the help that families affected by disabling injuries or death of a loved one require, we recently created The Anapol Schwartz Foundation to continue our of community support.
Established as a Donor Advised Fund at the National Philanthropic Trust (NPT)*, the Foundation will assist organizations reaching out to victims and their families in a variety of ways. Specifically, it will support non-profits that provide services to victims and their families, in addition to those committed to funding research, identifying health risks and promoting patient safety, particularly in the area of prescription drug treatment. The Foundation will also assist organizations working toward making consumers — whether adults, children, workers, or persons suffering from illnesses and disabilities — safer and able to lead better and more productive lives.
We are contributing an initial $25,000, and will dedicate up to $100,000 from our recent Vioxx settlement, and additional funds as we win cases on behalf of clients and their families. And, we plan to announce the first grantee soon.
Trasylol: The FDA Let Thousands a Month Die
continued from page 2
Whether drug companies will have immunity from private lawsuits is presently before the U.S. Supreme Court. In the meantime, the public must demand Congressional action, and take politics and lobbying out of the FDA. It's time that safety overrules profits. Think about it. It's entirely possible that the FDA's delay in Trasylol resulted in four times as many deaths as occurred on 9/11. We need to do more than think about it. We need to do something.
* Significant portions of this piece previously appeared in The Philadelphia Inquirer.
Partner James Ronca is co-lead counsel of the national Trasylol litigation, and represents a dozen families and victims. Contact him at jronca@anapolschwartz.com
Always working to ensure that individuals and their families who have suffered harm are treated fairly and compassionately, the Foundation is a natural extension of our dedication to championing victims' rights.
* Anapol Schwartz recommends grants to qualified charities from the Foundation. NPT reviews the recommendation, verifies the charity's taxexempt status, and ensures that the grant will be used for charitable purposes. Once this process is complete, NPT distributes the grant directly to the charity.
Contact Info
Anapol, Schwartz, Weiss, Cohan, Feldman & Smalley, P.C.
www.AnapolSchwartz.com
Reach us at 866-735-2792
And, find us at...
Philadelphia
1710 Spruce Street
Philadelphia, PA 19103
Cherry Hill, NJ
1040 Kings Highway North
Cherry Hill, NJ 08034
Harrisburg, PA
209 State Street
Harrisburg, PA 17101
Reading, PA
146 North 6th Street
Reading, PA 19601
Media, PA
230 North Monroe Street
Media, PA 19063
