Dram Shop Liability laws in New York include accidents involving a minor or an intoxicated person that affected you, or a family member. Put simply, dram shop laws hold commercial establishments responsible for injuries or damages caused by their intoxicated or underage patrons. (1)
The word “dram” refers to an old British measure of alcohol. A dram is the equivalent of ¾ of a teaspoon of alcohol. (2) Today, laws aimed primarily at commercial establishments serving alcohol are collectively referred to as “dram shop laws.”
“Dram shop laws enable third-party victims of drunken behavior to file civil lawsuits against the establishment, the wait staff, or the store clerk that sold alcohol to the minor or intoxicated person. Victims may also bring suit against the intoxicated individual and possibly receive damages from both parties,” according to one consumer information website. (3)
An example of a dram shop case might be when a person is served an alcoholic beverage while visibly intoxicated already. This person then drives and hits someone with their car. The bar or restaurant is liable for continuing to serve alcohol to someone who was already drunk.
Have you or a loved one fallen victim to an accident caused by a drunk driver? Our compassionate lawyers are here to help you. Call Us Today.
(833) 977-3437Dram shop laws are not federal laws; they are enacted at the state level and differ depending upon the state. (4)
New York State has dram shop laws under Section 11-101 of General Obligations Chapter 24-A. Article II. Title 1. In New York, victims have a right to “recover actual and exemplary damages.” (5)
Exemplary damages are punitive damages. “Punitive damages are considered punishment or damages intended to dissuade and are typically awarded at the court’s discretion when the defendant’s behavior is found to be especially harmful.” (6)
These laws are particularly relevant for victims of car crashes. “In New York State slightly more than 30% of the fatal crashes are alcohol related,” says the New York State Police. (7)
It goes on to say, “Drunk drivers cause more than 17,000 deaths annually. This equates to 310 funerals each week or one death every 30 minutes.” (8)
“Drivers under the age of 21 comprise just 5% of licensed drivers in New York State, but are involved in 14% of the alcohol related crashes.” (9)
In a policy summary, the Substance Abuse and Mental Health Services Administration (SAMHSA) reported, “45 jurisdictions imposed dram shop liability as a result of statutory or common law or both.” (10)
The U.S. Department of Health and Human Services Office of Disease Prevention and Health Promotion reports the Community Preventive Services Task Force concluded, “dram shop liability is effective in preventing and reducing alcohol-related harms.” (11)
What are alcohol related harms, particularly as they relate to underage drinkers?
Underage drinkers often engage in binge drinking, a very dangerous activity. This activity brings blood alcohol concentration levels to .08 percent or higher, says the National Institute on Alcohol Abuse and Alcoholism. (12)
There are a number of risks and possible negative outcomes related to this behavior. Negative consequences affecting you include: (13)
When you are hurt in a drunk driving accident, you probably need help. In addition to any physical harm, you often have to deal with emotional pain.
Not to mention the expenses of getting medical care, replacing your car, and possibly being out of work. We understand what you are going through and want you to know you are not alone.
Don’t go it alone. Call us or fill out the form to get the help you need. Call Us Now.
(833) 977-3437Did you or a loved one fall victim to a construction trench or tunnel collapse accident, due to negligence? If so, your employer was supposed to protect you. If your employer had taken the necessary precautions to begin with, you and your loved ones would not be suffering as you are now.
You have the right to hold the negligent employer responsible. You have the right to receive compensation for your losses and support for your future.
Reasons for alcohol consumption among minors vary. However, survey results suggest peer pressure, lack of knowledge about possible health effects, and stress are among the primary reasons youth drink. (14)
National surveys of youth alcohol consumption highlight some disturbing trends. Here are some of the findings: (15)
Dram shop liability cases fall under personal injury law. This involves proving negligence.
Proving liability under dram shop laws means the plaintiff (person suing) must show the defendant (business, organization, or person being sued) was negligent. The defendant could be negligent by continuing to serve alcohol to a visibly intoxicated individual or by serving a minor at all.
Negligence is when a party acts or fails to act with the “level of care that someone of ordinary prudence would have” in similar circumstances. (16) In some cases, this means liability falls on more than one party.
For example, a bar and a drunk driver may both be found liable for a car accident. The bar could be liable if the driver was a minor and it served the underaged teen the alcohol.
Or if the bartender continued to serve alcohol to someone who was obviously drunk. The intoxicated driver is accountable for their own actions, as well. In some instances, even the wait staff may bear responsibility.
Personal injury claims are complicated, and circumstances differ with each case. An experienced personal injury attorney knows the law and can guide you through the legal process and toward the most favorable outcome for your case.
The lawyers at W&L understand the hurt and pain you are feeling from being in an accident with a drunk driver. We believe you deserve justice for the harm that caused your suffering. Harm that could have been avoided.
Bars, restaurants, liquor stores, and other companies continue to serve alcohol to people who are drunk or underage. When they do so, they should be held accountable. When businesses provides alcohol to someone they should not have given it to, they need to take responsibility for their actions.
If they had not been negligent, you would not be hurt. You are in this position and only need to sue them because they did the wrong thing.
Weitz & Luxenberg lawyers have years of experience in personal injury litigations and with getting legal success and compensation for our clients. Here are a few examples:
“Amputation is an acquired condition that results in the loss of a limb, usually from injury, disease, or surgery,” according to Stanford Health Care. (1)
A 2024 study sets the total number of people living with limb loss (LL) or limb difference (LD) in the U.S. at 5.6 million. The report goes on to say the average annual rate of LL or LD is 507,293 individuals. (2)
“Lower body amputations (83%) were much more frequent than upper body amputations (17%),” according to the report. (3) And 75% of upper limb amputations are due to trauma. (4) Overall, 45% of amputations are due to traumatic injury. (5)
More surprisingly, LL also affects mortality. The report states, “While improvements in medical care and technology may have increased survival rates of individuals with traumatic injuries that result in LL, overall mortality for LL is extremely high (18.5%).” (6)
When injuries from accidents are severe enough to cause an amputation, the responsible parties should be held legally accountable. An amputation lawsuit seeks to do just that.
Victims of limb loss not only suffer from physical injuries, but also from the financial effects, in addition to the likely emotional and psychological trauma. Such injuries require months, if not years, in recovery. All of this impacts your emotional and mental health, quality of life, financial security, and future outlook.
You deserve compensation for this disruption in your life. And the person or company who caused it should be the one to pay financially.
If you or a loved one lost a limb due to negligence, call us now for a free legal consultation.
(833) 977-3437There are many causes of amputations. You could have been injured by an accident at your workplace. Or at some event or business. Or by another person’s action — or failure to act.
Here are some of the main reasons: (7)
If you or a loved one has, through no fault of your own, suffered an amputation, it might be time to consider a lawsuit.
Laws vary, but there are generally two types of amputation lawsuits you may consider filing: personal injury and worker’s compensation claims.
You can file a personal injury lawsuit when your injuries are caused by someone else, whether intentionally or negligently.
Negligence is a legal concept. It applies when someone has been injured by another person or business because of what they did or failed to do. (8)
Proving negligence means showing the court the responsible party failed to act with the same level of care as any reasonable person would have, given similar circumstances. (9)
You can file a lawsuit if your injuries happen due to an accident at work.
Your accident may have been due to a malfunction of equipment, negligent actions by a fellow employee or the employer, violations of laws, codes, or regulations, or simply inadequate training.
In such cases, it is important to hold any and all of the responsible parties accountable. This may include your employer, a fellow employee, a contractor or subcontractor, or even manufacturers.
Workers’ compensation may cover your medical expenses, but you’ll need to file a lawsuit to get money for your pain and suffering.
Experienced amputation attorneys are able to help determine who to include in your lawsuit.
To qualify for an amputation lawsuit, you must be able to show the court you were not responsible for the accident and the resulting injuries. You need to prove the party you are suing was somehow negligent. (10)
In a negligence case, you need to demonstrate to the court the person or organization you are suing (the defendant) owed you (the plaintiff) a “duty of care.” This duty is an obligation to take precautions to prevent harm, and they are responsible for damages if they “breached” it. Their failure to succeed in the duty of care resulted in the accident causing your injuries. (11)
Explore your legal options with a free consultation. Contact our attorneys today.
Get a Free Case ReviewAn example of negligence might be if you are a construction worker injured while working on the job. You are working on scaffolding, over six feet high. You suffer an injury when the scaffolding becomes unstable and gives way. You fall and your leg is crushed so badly it must be amputated.
Your employer can be held accountable if the scaffolding equipment was defective, if there were not proper safety precautions in place (such as guardrails or personal fall arrest systems), or if the construction workers setting up or using the scaffolding had not been adequately trained.
In addition to your employer possibly being held accountable, there are many others that can be, as well. The property owner, the general contractor, subcontractors, and others may also be accountable for your injuries. An experienced lawyer can walk you through the process and ensure that all wrongdoers are held accountable.
Another example of negligence might be if a delivery truck runs a red light at an intersection and hits your car. Your injuries are so severe, you lose a limb. You might be able to sue the truck driver and the company the truck driver works for. But what if the truck driver ran the red light because the brakes on the truck failed due to a defect? Your lawsuit might also need to include the manufacturer of the truck or even the service station that maintains the vehicle.
While these are clearcut examples, most real-life cases are far more complex. An experienced attorney is able to determine the responsible parties, guide you through the legal process, and help you achieve a successful outcome in your case.
When considering the right attorney for your amputation lawsuit, look for personal injury and negligence litigation experience — and outcomes. With nearly 40 years of experience representing clients in personal injury and negligence cases, Weitz & Luxenberg has a solid reputation for achieving positive outcomes for our clients.
W&L amputation attorneys listen to your story, investigate the circumstances of your claim, file your lawsuit, gather the evidence, and represent you in court — or negotiate a settlement on your behalf. Our team is also there to guide you through the appeals process, should it be necessary.
W&L helps you seek the most compensation the law allows in your case. This monetary compensation may be for past and future medical expenses and loss of income, mental and psychological distress, pain and suffering, diminished quality of life, and — in some cases — punitive damages.
Weitz & Luxenberg has a solid track record of success on behalf of our clients. Here are some examples of our successes:
Weitz & Luxenberg is encouraging individuals harmed by CooperSurgical’s defective embryonic solution to reach out to us. Cases have already been filed against CooperSurgical. (2) (3)
These individuals claim CooperSurgical’s solution for growing embryos for IVF destroyed the embryos they planned on being able to use to have children. The full scale of the potential harm is not yet known, but we know from speaking with our clients that the loss is devastating. CooperSurgical’s products had been distributed all over the U.S. before being recalled. (4) (5)
CooperSurgical, Inc., a Connecticut-based company, has issued a voluntary recall of its IVF embryonic solution due to complaints this substance was defective and destroyed many frozen embryos. Multiple IVF lawsuits have been filed across the country.
CooperSurgical Inc.’s parent company, Cooper Companies headquartered in San Ramon, California has also been named in several cases in state and federal courts in California. It has moved to dismiss the lawsuit, claiming it is only the parent company and is not involved in the IVF product. Also, CooperSurgical claims California courts do not have jurisdiction over the company.
People have spent a fortune on IVF procedures. For many, in vitro fertilization is their only and last chance to have a child. Then, they found out their precious embryos were destroyed.
Although the company says it issued its recall to look into concerns regarding its product, the damage for many has already been done.
If you or a loved one were impacted by the CooperSurgical IVF defective embryonic solution, our team of experienced lawyers is here to help.
Get Your Free Case Evaluation TodaySometimes people struggling with infertility opt to try IVF. IVF involves a complex series of procedures.
The goal is to implant a fertilized embryo into a woman’s womb and hope for a successful pregnancy. None of this process is easy. The process is emotionally and physically taxing.
To attempt a successful implantation:
Sperm collection is pretty easy compared to the surgical extraction of human eggs. The process is physically draining, involves painful injections, ultrasound monitoring, and other treatments. The procedures are:
Plus, unlike sperm, human eggs are limited. They decrease in number and quality over time. For women over 35, the risk of miscarriages and chromosomal abnormalities rises.
The company disclosed multiple laboratories reported that the embryos either developed slowly or stopped developing before reaching the blastocyst stage.
“This is devastating news for a prospective parent,” says Ellen Relkin, Weitz & Luxenberg partner and chair of our firm’s Drug and Medical Device Litigation team. “For some, this procedure was their last chance at being able to have biological children.”
Ms. Relkin adds. “I can’t imagine what they’re going through right now. They trusted this company with their dream for a family, and CooperSurgical’s negligence has left them feeling betrayed and traumatized.”
CooperSurgical was responsible for providing the medium to help embryos develop and grow. Instead, the medium for embryonic development was potentially improperly manufactured, stored, and transported — or some combination of these. It also was inadequately — or not at all — tested and inspected for quality control and possible contamination.
Sadly, the destroyed embryos cannot be restored.
Our team of qualified attorneys is here to help you and your family find the justice you deserve. Learn more about the CooperSurgical lawsuit today.
(833) 977-3437On December 13, 2023, CooperSurgical, Inc., “notified customers via Urgent Media Recall Field Safety Notice letters. Customers were instructed to quarantine affected product and respond to the recall notice.” (6)
CooperSurgical says they were arranging for customers to return the affected product. Customers were receiving credit for these items. The lots recalled are:
CooperSurgical’s recall of its embryonic medium used during IVF procedures is a class 2 recall. According to the FDA, “Recalls are actions taken by a firm to remove a product from the market. Recalls may be conducted on a firm’s own initiative, by FDA request, or by FDA order under statutory authority.” (7) (8)
A Class 2 recall is “a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.” (9)
Some facilities advised patients the defective embryo media was in use only for certain weeks in November and December of 2023. “We have heard from other potential clients that their multiple embryos failed to grow at time periods before and after that window of time. It is entirely possible the recall was for too limited a time period and the defect existed for a longer time,” states Ms. Relkin.
Even if you have not received a recall notice, if your embryos failed to grow, it is possible that they were also impacted by the product failure. This is only something our attorneys can learn the truth about as the litigation proceeds. We can learn more during the discovery phase of the lawsuit. This is when an exchange of information takes place between the people suing and the company being sued.
Nearly 1,000 bottles of CooperSurgical Global Media were included in the company’s urgent recall. These bottles were distributed across the United States.
The list of states receiving the defective solution includes:
Ms. Relkin, and her team of defective drugs and devices attorneys have dedicated themselves to helping people harmed by defective products. In the case of CooperSurgical IVF, we are representing clients who have suffered great loss due to the failures of CooperSurgical, Inc.
Weitz & Luxenberg is encouraging anyone who has been harmed by CooperSurgical’s defective embryonic solution to reach out to us for more information. You may be eligible to file a CooperSurgical lawsuit.
W&L is a national firm with experience winning legal cases across the country. Our firm has won more than $19 billion in verdicts and settlements. Our history with representing clients facing infertility due to the wrongdoing of big pharma goes back 40 years.
We achieved settlements of tens of millions of dollars on behalf of many women when they discovered they were infertile due to a birth defect called a T-shaped uterus. This birth defect was caused by the medication diethylstilbestrol (DES), taken by their mothers during pregnancy. Ms. Relkin explains, “We are sensitive to the impacts of infertility and are proud of our pioneering work in the DES litigation. It not only paved a way for compensation for that loss, but also developed law recognizing the injury.”
For some women and their partners, the process of freezing fertilized embryos was their last hope of having children. And CooperSurgical has crushed that dream.
We invite you to speak with one of our attorneys about your CooperSurgical IVF lawsuit. We are prepared to help you explore your legal options. You may be entitled to seek compensation for the harm you have suffered.
Reach out to us by phone at (833) 977-3437 or using our online form. We want to help you get the justice you deserve.
Although Covidien hernia mesh products have been approved by the U.S. Food & Drug Administration (FDA) for use in hernia repair procedures, the FDA has noted hernia surgical mesh devices may be linked with the development of complications. (1)
Covidien hernia mesh complications can be similar to the complications for other FDA-approved hernia mesh devices. According to the FDA, some common complications that can occur with the use of hernia mesh include:
Other potential problems that can occur with the use of hernia mesh are:
When manufacturers of medical devices learn their products may have led or contributed to an adverse event, or may have malfunctioned, they are required by law to report these adverse events to the FDA. (3)
The FDA also encourages patients, physicians, and others who encounter or experience an adverse event occurring with the use of a particular medical device to report that adverse event to the FDA’s MedWatch. (4) (5)
For a free consultation and more information about your legal options, please contact us today.
Get a Free Case ReviewSometimes, as the number of adverse events linked to a particular medical device mounts, manufacturers or the FDA may recall that product. (6)
Currently, the FDA MAUDE database includes reports of adverse events for some Covidien Parietex mesh products, such as:
Some of the reports discuss patients who suffered pain, needed additional surgeries, or were hospitalized due to the hernia mesh used in their surgical hernia repair.
According to one patient’s adverse event report, their Covidien Parietex surgical mesh failed altogether. That patient reported needing additional surgeries to locate the mesh, which had migrated. A CT scan finally found it at the bottom of the patient’s stomach. (7)
In another report made in May 2017, a patient needed to have a “panniculectomy because fat necrosis had grown onto the mesh and was hurting.” Not only was the patient hospitalized, it was reported this patient so far had undergone two hernia repair procedures. The adverse event type was “serious injury and the event outcome [was] hospitalization.” (8)
In a separate case, a patient reported they “had hernia repair surgery and [were] implanted with [Parietex] composite mesh.” After the mesh was implanted the patient reported they were “[h]ospitalized once for infection and then had to have the mesh surgically removed after another infection.” (9)
In one instance, an adverse event report discussed a patient who underwent a left inguinal hernia surgical procedure and received a Covidien Parietex ProGrip mesh. Afterward, “the patient experienced increased pain…” In an attempt to alleviate the pain, “the patient had cryo-ablation to [deaden] the nerves…The patient needed to continue to have injections…to help with the pain.” (10)
In another adverse event report, a patient stated they underwent surgery to repair an inguinal hernia. The surgeon used a Covidien Parietex ProGrip mesh. Just weeks after having the surgery, the patient reported they “developed extreme debilitating pain at the surgery site and into the groin area. After many attempts to relieve the pain through pain management, with little to no relief,” the patient “had a second surgery to remove the mesh.” (11)
At this time, neither the FDA nor Covidien have issued any Covidien hernia mesh recalls for these models. According to the FDA, a recall is an action a manufacturer or firm takes “to remove a product from the market.” A recall can be handled in one of three ways: (12)
A Class I recall reflects the highest degree of concern for people’s safety. When the FDA designates a recall a Class I recall, “there is a reasonable probability that the use of or exposure to” a particular “product will cause serious adverse health consequences or death.” (14)
A Class II recall is one in which the FDA determines the “use of or exposure to” a particular “product may cause temporary or medically reversible adverse health consequences” or the likelihood of “serious adverse health consequences is remote.” (15)
The FDA classifies a recall a Class III recall when a particular product is “not likely to cause adverse health consequences.” (16)
Although some degree of pain and discomfort following a hernia repair surgery is not unusual, severe pain and other disabling complications could be indications of defective surgical mesh.
Did you undergo a revision surgery to correct complications following your initial hernia repair procedure?
Or have you had a conversation with your physician in which they recommended a revision or corrective surgical procedure due to extreme complications following your hernia repair surgery?
In either of these instances, if you received a Covidien hernia mesh implant, you may be entitled to pursue compensation from Covidien.
If you are facing this difficult situation, we encourage you to contact an experienced Covidien hernia mesh attorney. A knowledgeable Weitz & Luxenberg attorney would be able to help you determine if you are eligible to pursue legal action.
For more information, we encourage you to contact us. One of our Covidien hernia mesh attorneys would be happy to arrange a free consultation.
With three decades of experience handling large-scale litigation involving defective medical devices and drugs, and serving as court appointed lead counsel in multiple medical device litigations, Ellen Relkin is the type of attorney you want working for you.
“Even though there is no official recall for a defective product, it continues to hurt some patients and cause suffering. Certain types of hernia mesh is one such product. If you’ve been harmed, you may have the right to take action against the companies that caused you to suffer that harm,” Ms. Relkin says.
She adds, “You need an attorney with significant experience with claims against the manufacturers of defective medical products due to the complexities involved in such cases.”
For decades, Ms. Relkin has been leading Weitz & Luxenberg’s Drug and Medical Device Litigation group of attorneys because she knows how to win the tough cases — cases affecting thousands of people harmed by defective drugs and medical devices. She has served as court appointed lead counsel in multiple orthopedic device litigations where she negotiated settlements exceeding five billion dollars.
She is noted for her roles in helping secure victories against the manufacturers of defective medications and devices.
“That’s where my heart is,” Ms. Relkin says, “helping our clients get their lives and dignity back. You have a right to be treated with respect and care. And when manufacturers don’t do that, they deserve to be held accountable. Doing my best to help each and every one of our clients is what lets me sleep at night.”
Weitz & Luxenberg’s Drug and Medical Device Litigation team has begun the steps needed to take legal action against Covidien and other surgical mesh manufacturers. These hernia repair mesh products are linked to extreme medical complications in some cases.
Have you suffered any of the following complications that necessitated a corrective or revision surgery — or has your doctor recommended you undergo a revision surgery because your hernia repair mesh has resulted in any of these complications?
If you experienced complications resulting from your Covidien mesh implant, you may be able to seek compensation for not only your current but also future medical expenses related to the injuries you have suffered. This compensation could also potentially include lost earnings if you were not able to work, as well as other expenses you incurred due to your injuries.
Our attorneys have prepared and filed lawsuits against a number of manufacturers of hernia mesh products, and anticipate filing Covidien hernia mesh lawsuits. We are representing clients who suffered significant complications, including corrective or revision surgical procedures, linked to certain Covidien hernia mesh implants.
In some instances, physicians have advised their patients to undergo revision surgeries and patients have not yet been able to get the recommended surgical procedure done.
For a free consultation, we invite you to contact us. For your convenience, you may reach us by phone at (833) 977-3437 or complete the form on this page. One of our representatives will contact you shortly.
“An excavation is any man-made cut, cavity, or trench formed by earth removal,” explains the Laborers’ Health & Safety Fund of North America (LHSFNA). (3)
More specifically, “A trench is defined as a narrow underground excavation, that is deeper than it is wide, and is no wider than 15 feet or 4.5 meters,” according to the Centers for Disease Control and Prevention (CDC) (4)
LHAFNA goes on to explain how trenches are confined spaces, areas “large enough to enter and work” with “limited exit routes” and are “not intended for continuous occupancy.” (5) Collapses happen when these spaces lack adequate protection systems. (6)
Protection systems are required when digging trenches and tunneling. (7)
“Designing a protective system requires consideration of many factors, including soil classification, depth of cut, water content of soil, weather and climate, and other operations in the vicinity,” states an Occupational Safety and Health Administration (OSHA) safety publication. (8)
Protection systems include:
Fatalities involving confined spaces totaled 1,030 workers during an eight-year period. Of those deaths, 203 were specifically attributed to ditches, channels, trenches, and excavations. Out of this whole group, 135 of the workers were employed in private construction. (14)
Construction workers performing tasks in confined spaces cannot move out of the way quickly, so even small amounts of dirt can prove dangerous. “One cubic yard of dirt can weigh more than 3,000 pounds,” according to the CDC. Trapped workers are often crushed or suffocated when there are accidents. (15)
NYC “saw increases in incidents, injuries and fatalities on building construction sites,” according to a NYC Construction Safety report. The total number of construction site injuries that year reached 554, with 11 fatalities. (16)
Were you or a loved one a victim of a trench or tunnel construction accident, due to construction negligence? Our team is ready to help you. Call us or fill out the form for a free consultation.
Contact Us TodayTrenching and tunnel construction accident fatalities are preventable. It is helpful to understand why they happen. (17)
There are a number of different causes for trench or tunnel collapse. Here are a few: (18)
Alarmingly, cave-ins or collapses often occur without warning. (19) When collapses occur, there is the potential for serious harm.
In one example reported, laborers died in a trench collapse from asphyxiation while replacing residential sewer lines. The trench had been dug in unstable soil without any protection system in place. Inadequate shoring equipment was used, and the employer had a record of safety violations. (20)
In another, two New York City (NYC) construction workers lost their lives in a trench when they became “trapped under construction rubble” at John F. Kennedy International Airport. (21)
Trench or tunnel collapse injuries range from debilitating to fatal. Here are some of the most common:
We are here for you in this difficult time. Call or fill out the form to get the support you need.
(833) 977-3437Employers are required to provide safe working conditions for their employees. The requirement is particularly true in construction work, and especially when excavation is being done. This means using protective systems, proper gear, and appropriate equipment — and supplying competent people to manage the work on site.
A company’s failure to meet safety standards makes it liable for any harm resulting from trench or tunneling accidents. Such cases fall under personal injury law and involve construction negligence.
Negligence is a failure to act with the same level of care as an ordinary person might, given similar situations. (28) Proof of negligence is complex and requires not only knowledge of the law but also an understanding of construction industry safety requirements.
Did you or a loved one fall victim to a construction trench or tunnel collapse accident, due to negligence? If so, your employer was supposed to protect you. If your employer had taken the necessary precautions to begin with, you and your loved ones would not be suffering as you are now.
You have the right to hold the negligent employer responsible. You have the right to receive compensation for your losses and support for your future.
That’s where we come in. Weitz & Luxenberg’s team of attorneys investigates your accident, files your case, negotiates a settlement or fights for you in court. We even see you through an appeals process, if necessary, because we understand liability law.
W&L has attorneys who have gone beyond their legal education to obtain training in construction site safety to help our clients. The W&L team has nearly 40 years of experience representing tradesmen in construction accident cases.
Here are some examples of our successful personal injury cases including construction ones:
“A concussion happens when a force causes the brain to rapidly move back and forth inside the skull,” according to the American Academy of Orthopaedic Surgeons. (4) Sports concussions are injuries sustained during participation in sporting activities.
Sports concussions may not just be the result of a blow to your head. They could also result from any jolt to your body affecting the head and neck. (5)
The sports with the highest incidences of concussion injuries include football, ice hockey, and soccer. (6) Approximately 4,000 TBIs are treated annually at New York hospitals in children under age 19. (7)
Certain athletic activities have greater potential to cause concussions. Some of these high risk incidents while playing sports include:
There are distinct signs of a concussion you can observe following an injury incident. Here are common concussion symptoms: (15)
After sustaining a concussion, “You might feel fine, but your thinking, behavior, and/or balance may not be back to normal,” warns Nemours Teens Health, a nonprofit pediatric health information website. (16)
Anyone having a head injury should seek immediate medical attention.
If you or a loved one has suffered from a sports related concussion, our lawyers are here to help.
Contact Us Today for a Free ConsultationA medical diagnosis of a concussion includes a neurological evaluation by a qualified doctor. The doctor performs tests for balance, coordination, vision, hearing, and reflexes. (17)
If your doctors find you are having trouble with your vision, they may order a magnetic resonance imaging (MRI) or a computed tomography scan (CT). Balance tests may include force plates. These measure the forces of movements such as stepping, running, and jumping. (18)
The things to do if you suspect someone may have a concussion include: (19)
The key to concussion treatment and recovery is mental and physical rest. After a few days, the injured can engage in supervised “subthreshold aerobic exercises” if they do not worsen symptoms. Exercise can be gradually increased in time and intensity, as tolerated. Examples of appropriate exercises include walking, jogging, or riding a stationary bike. (22)
The best prevention includes use of proper equipment such as helmets. It is also important to train and encourage athletes to use safe sport techniques. Educational programs can also help prevent sports injuries. (23)
Potential long-term effects from sports concussions can be very serious. Even more concerning, repeated concussions can increase the risks of developing neurodegenerative conditions later in life. (24)
Successive concussions can lead to post-concussion syndrome (PCS), Alzheimer’s disease (AD), or chronic traumatic encephalopathy (CTE). Researchers have found PCS increases the risks for development of Alzheimer’s and CTE. (25)
Alzheimer’s is a form of dementia or memory loss. It affects memory, thinking, and behavior. There is no cure, and it worsens over time. (26)
CTE is caused by repeated head injuries. Many athletes, especially football players, develop the disease much later in life. CTE “causes the death of nerve cells in the brain, known as degeneration. CTE gets worse over time.” CTE can only be diagnosed after death and during an autopsy, according to the Mayo Clinic. (27)
When filing your sports concussion lawsuit, it is important to determine who is accountable for your injury. This can include coaches, trainers, school districts, and any other person or organization who may be liable for a debilitating injury.
These considerations are part of the reason this type of legal case is complex. An experienced personal injury attorney is able to focus on all the potential individuals or groups who may bear responsibility in your case. This helps in achieving an optimal outcome.
Weitz & Luxenberg attorneys have years of experience helping clients with personal injury cases, including cases involving children. We have a team of lawyers who are dedicated to obtaining the best possible results for our clients. And they all believe in seeing cases through — from start to finish.
Navigating the legal system can be overwhelming. Let our team help guide you through the legal process.
Contact Us Today to Schedule Your Free ConsultationOur attorneys are dedicated, compassionate, and experienced. And they have a winning track record to prove it. Here are just a few of our many successes in other personal injury cases:
The toxic chemicals found at Camp Lejeune include volatile organic compounds (VOCs). Scientific evidence continues to mount for a link between birth defects and maternal exposure to contaminated drinking water. (1)
“Exposure to certain VOCs may increase the risk for birth defects, neurocognitive impairment, asthma, and cancer,” according to some research. (2)
Other research has found “significantly elevated” incidents of low birth weights and small for gestational age in babies born to mothers exposed to VOCs. (3)
If you or a loved one was impacted by the Camp Lejeune water birth defects, our team of qualified lawyers is here to help. Contact us today for your free consultation.
Get a Free Case ReviewTrichloroethylene (TCE) was one of the primary VOCs detected in one of the treatment plants supplying Camp Lejeune water. The other water treatment plant supplying the base was primarily contaminated with perchloroethylene or tetrachloroethylene (PCE). This water came from multiple sources such as “leaking underground storage tanks, industrial area spills, and waste disposal sites.” (4)
The association between birth defects and TCE exposure is so strong that one scientific review of the literature concluded, “TCE is carcinogenic to humans by all routes of exposure and poses a potential human health hazard for noncancer toxicity to the central nervous system, kidney, liver, immune system, male reproductive system, and the developing embryo/fetus.” (5)
Notably, the negative effects of PCE on a developing fetus were underscored by the results of another study. In that study, harmful effects of PCE exposure stood out because researchers were able to “single out the ingestion of PCE as a single exposure route.” (6)
Another study was conducted by the Agency for Toxic Substances and Disease Registry (ATSDR). It also reported adverse birth outcomes for children whose mothers were exposed to the Camp Lejeune contaminated drinking water. (7) ATSDR warns, “TCE in the blood stream can cross the placenta and enter the developing baby.” (8)
Research looked exclusively at Camp Lejeune “residential exposure” among pregnant women who lived on the base — and gave birth between 1968-1985. The research determined children were at increased risks for neural tube defects (NTDs) and oral clefts from exposure to contaminated water at Camp Lejeune. (9)
According to ATSDR, “During the first trimester of pregnancy, the risk of a NTD increased with increasing levels of exposure to TCE.” (10)
ATSDR goes on to say, “an association between NTDs and first trimester exposure to benzene,” was also observed. (11)
The most common non-cardiac birth defects caused by Camp Lejeune water contamination include:
There were many the toxins found in Camp Lejeune water. These toxins have many impacts on birth defects.
TCE is a known carcinogen with the “potential” to affect a developing fetus. (17) (18)
The maximum level detected in Camp Lejeune water was 1,400 parts per billion (μg/L). The current U.S. Environmental Protection Agency (EPA) allowable limit for TCE in drinking water is 5 μg/L. (19)
Associated birth defects of TCE include: cardiac defects, NTDs, low birthweight, oral clefts, and being small for gestational size. (20) (21) (22)
PCE is also an industrial solvent, metal degreasing agent, and a known carcinogen. (23) (24)
The maximum level detected in Camp Lejeune water was 215 (μg/L). The current EPA allowable limit for PCE in drinking water is 5 μg/L. (25)
Associated birth defects of PCE include: cleft lip and palate, low birthweight, NTDs, and being small for gestational size. (26) (27)
VC is used in packaging, plastics, pipes, and coatings. It is a known carcinogen with developmental effects.
Associated birth defects include: fetal growth and development, and angiosarcoma of the liver. (28) (29)
Benzene is used in making plastics, rubber, dyes, lubricants, and pesticides. (30)
Associated birth defects of benzene include: delayed bone formation, low birth weight, and bone marrow damage. (31) (32)
Victims of Camp Lejeune water birth defects should file a lawsuit to seek compensation for your pain and suffering. And it can help with your financial situation — medical bills, ongoing treatments, and loss of income.
These lawsuits can be highly complex. To begin the process of filing a successful lawsuit, you need an attorney. Your attorney guides you through the legal process, represents you in court, and negotiates any settlement on your behalf.
Your attorney should be compassionate, experienced in both environmental and personal injury law, and dedicated. This is exactly how our W&L environmental attorneys would describe themselves.
Weitz & Luxenberg is currently taking Camp Lejeune lawsuit birth defects cases from clients. This is because of the Camp Lejeune Justice Act of 2021. This law allows people who were in the military — or lived or worked — on this Marine base to make claims against the U.S. government.
To be eligible to file a Camp Lejeune water birth defects claim, you must meet the criteria. Be prepared to provide as much documentation as you are able, in order to support your claims: (33)
Have you or a family member been impacted by non-cardiac birth defects from Camp Lejeune? Our team is here to help you get the justice you deserve. Get your free consultation today.
Get a Free Case ReviewW&L has nearly 40 years of experience in helping victims, especially military families. Our firm has litigated not only personal injury claims, but environmental claims made by entire communities. We go up against governments, big businesses, and anyone else who indiscriminately disregards the rights, the health, and the well-being of our clients.
W&L attorneys have strong empathy for people who have been harmed — through no fault of your own — due to the negligence or indifference of others. Our firm’s goal is to obtain the best outcomes for our clients. We are dedicated to seeing cases through, from start to finish.
At W&L we are proud of our record of success — especially in helping clients exposed to toxic chemicals in their drinking water gain appropriate compensation. Here are some of the wins we were able to achieve for our clients:
If you or your child suffers from a Camp Lejeune water birth defect, we encourage you to reach out to us. Let us help you file a Camp Lejeune lawsuit birth defects claim.
Contact W&L for guidance and support in your own case by calling us at (833) 977-3437 for a free consultation.
Toxic substances detected in the water at Camp Lejeune included trichloroethylene (TCE), tetrachloroethylene (PCE), benzene, and vinyl chloride. (2)
The Agency for Toxic Substances and Disease Registry (ATSDR) makes it clear the amount, length, and mode of exposure to these toxic chemicals are key factors in development of many adverse health effects. (3)
ATSDR mortality studies were done on civilian employees and military personnel at Camp Lejeune. The purpose of these studies was to see if there is an increased risk of death from health conditions, including lung cancer, among anyone exposed to toxic water at Camp Lejeune. (4)
Scientific evidence is mounting that exposure to TCE, PCE, and vinyl chloride may be linked with lung cancer. (5) Additionally, it is a known fact PCE can break down into TCE and vinyl chloride. (6)
TCE is a carcinogen, according to the Environmental Protection Agency (EPA), “Animal studies have reported increases in lung, liver, kidney, and testicular tumors and lymphoma.” (7) Another notable study reports that based on short-term animal experiments, “TCE causes respiratory tract toxicity.” (8)
The danger is even more pronounced when you consider that PCE and TCE not only contaminate soil, they leach into groundwater. They also evaporate into air, allowing vapors to build up in homes. (9)
If you or a loved one have developed lung cancer and were exposed to contaminated water at Camp Lejeune, contact us today to understand your legal rights.
Get a Free Case ReviewOur federal government finally took action in 2022. It recognized the accumulating evidence of increased risks for cancers resulting from exposure to the toxic water at Camp Lejeune.
A new law — Honoring our PACT Act — was signed into law by President Biden. The intent of this legislation is “To provide for recovery by individuals who were stationed, lived, or worked at Camp Lejeune, for certain actions of omissions by the United States.” (10)
This law allows you, and others suffering from the contaminated water exposure at Camp Lejeune, to file claims against the U.S. federal government. You can file claims for medical expenses to treat your illnesses. (11)
You may file claims even if you were turned down for governmental benefits in the past. However, there are certain criteria you must meet in order to file a claim.
The new PACT Act is very clear regarding who is eligible to file a claim. There are three important criteria to be met: (12)
The PACT Act stipulates you have a narrow window of time to file your claim. So, you need to act quickly.
Lung cancer lawsuits are now being filed for exposure to contaminated water at Camp Lejeune. Many people who suffered from lung and other cancers are pursuing lawsuits to get compensation, including for any pain and harm they suffered.
In fact, anyone affected by the contaminated water at Camp Lejeune has legal options. You only need to prove you suffered serious health side effects from the exposure. It does not matter if you were a veteran, family member, or someone else who spent significant time on the Marine base between August 1953 and December 1987.
There have been no verdicts reached as of February 2024. And while there are limited settlement opportunities at this time, these cases are still ongoing.
For you to be successful in your lung cancer lawsuit, you need to provide evidence. This evidence is meant to substantiate the elements of your claim to support that your condition is connected to exposure to toxins in the water at Camp Lejeune.
Documentation to help support your claim includes:
If you are a victim with a family member who is a veteran, you can also make a claim. You need to provide proof of relationship:
This law covers harm done to pregnant women and babies in utero, as well. (13)
If you’ve developed lung cancer from the Camp Lejeune water contamination, we are here to help. Contact our team of qualified attorneys to learn more today.
Get a Free Case ReviewIt is important for you to discuss your case with an attorney — as quickly as possible — to explore all of your legal options.
You want an attorney who is compassionate, knowledgeable, and experienced in environmental and personal injury litigations. These types of litigations can be highly complex.
Weitz & Luxenberg is a recognized leader in complex litigations, with a long history of environmental and personal injury successes. Our team of attorneys are committed and dedicated professionals. They care deeply about what happens to people victimized through “actions of omissions by the United States.” (14)
Our underlying goal in environmental litigations is obtaining relief for the people who become sick because of pollution that could — and should — have been avoided.
W&L is a national law firm with its roots in fighting for veterans, your families, and all those harmed by powerful corporations or government agencies. Time and again we have taken on your fights and won.
Here is a sampling of cases we have successfully resolved for our clients:
Volatile organic compounds (VOCs) were detected at Marine Corps Base Camp Lejeune in two of eight water treatment plants supplying drinking water to the base and surrounding areas. The Agency for Toxic Substances and Disease Registry (ATSDR) says, “the waste disposal practices at ABC One-Hour Cleaners, an off-base dry cleaning firm” was one source of the contamination. (1)
Exposure to contaminated water occurred between 1953 and 1987. ATSDR estimates that one million military personnel, their families, and civilians living or working on the base may have been exposed. (2)
Using that water, your exposure came through drinking, cooking with, bathing, and washing clothes in the contaminated water. Most victims were repeatedly exposed to VOCs over long periods of time. This can result in negative health effects. (3) No one expects the water they use daily to make them sick with cancer.
VOCs are a group of “compounds that have a high vapor pressure and low water solubility,” according to the U.S. Environmental Protection Agency (EPA). These are manmade chemicals “emitted as gases from certain solids or liquids” The EPA goes on to say VOCs contain organic solvents. (4)
Among the VOCs found at Camp Lejeune were: (5)
These toxic chemicals were found in concentration levels far exceeding the EPA maximum contaminant standards for drinking water. (6)
All of these toxic chemicals have been linked to adverse health effects, including cancer. (7)
“Breast cancer is a disease in which cells in the breast grow out of control. There are different kinds of breast cancer. The kind of breast cancer depends on which cells in the breast turn into cancer,” explains the Centers for Disease Control and Prevention (CDC). (8)
“Most breast cancers begin in the ducts or lobules,” according to the CDC. Lobules are the glands in the breast that produce milk. (9)
There are several types of breast cancer: (10)
If you or a loved one developed breast cancer after being exposed to contaminated water at Camp Lejeune, contact us today for a free case evaluation.
Get a Free Case ReviewIt is a scary feeling when you know something is wrong, but you are not sure what it is. It may help when you can identify what your symptoms may mean.
Symptoms of breast cancer can vary from person to person and not everyone will experience them. (14)
Here are some of the more common symptoms: (15)
One scientific study correlates exposure to TCE through drinking water with increased risks of breast cancer in women. Another study, looking at PCE exposure through drinking water, also found increased risks of breast cancer in women. (16) (17)
A third study was specifically focused on male breast cancer. It determined there is an association between exposure to TCE, PCE, DCE, and vinyl chloride with the risk of breast cancer in men through the toxic drinking water at Camp Lejeune. (18)
The ATSDR study found correlations between some cancers and adverse health conditions with exposure to VOCs. Female breast cancer was among the most prevalent diseases reported. (19)
Based on additional research, ATSDR has twice stated that TCE, PCE, DCE, and vinyl chloride possibly accelerate the onset of male breast cancer. (20) (21)
As a Camp Lejeune breast cancer victim, your best legal option is to file a lawsuit.
Victims can now file legal claims against the federal government under a new law, The Camp Lejeune Justice Act. This law allows veterans, their family members, and civilians affected by the contaminated water at Camp Lejeune to obtain compensation for the harm resulting from their exposure. (22)
To be eligible to file a claim you must have been diagnosed with breast cancer (or other health condition) and meet these criteria: (23)
The law also applies to victims who were in utero at the time of their exposure.
These cases are highly complex. Critical to your successful outcome is the choice of an experienced attorney. Ideally, your attorney should have a strong and successful background in environmental and personal injury law. Just like the attorneys at Weitz & Luxenberg.
Your Weitz & Luxenberg attorney listens to your story, investigates what happened to you, and files the necessary legal paperwork for your case. Additionally, your attorney would represent you in court or negotiate a settlement on your behalf.
You need attorneys who understand the tremendous impact this toxic chemical exposure had on your life. A team that recognizes everything you are going through, and is there to support you. We want to be with you every step of the way. And to help you get the justice you deserve.
If you or a loved one are suffering from breast cancer due to the Camp Lejeune Water Contamination, contact us today to understand your legal rights.
Get a Free Case ReviewW&L has nearly 40 years of experience helping personal injury victims — especially military families and veterans — and litigating environmental cases. We have consistently obtained financial compensation for our clients.
Take a look at some of our record of successful outcomes:
W&L is ready and able to help you get the compensation you deserve in your Camp Lejeune breast cancer lawsuit. Call us now at (833) 977-3437 or fill out our form and submit it. Our team responds to your request as soon as possible.
