• Search
• FAQ
• Firm News

(917) LAWYERS (917) 529-9377 Free Case Evaluation

ESC

Popular Searches

• Mesothelioma
• Toxic Water
• Defective Medical Devices
• Perry Weitz
• Arthur Luxenberg

(917) 529-9377

Life after a Mesothelioma Diagnosis

How long do I have to live? It’s a question that often follows the devastating news of a mesothelioma diagnosis.

Mesothelioma is an aggressive asbestos-related cancer that forms in the protective lining of the chest, the abdomen, the heart, or the testicles. It usually takes 20 to 50 years after a person’s first exposure to asbestos for mesothelioma to develop, but once diagnosed, the disease can kill in a matter of months. ⁽²⁾

Unfortunately, most patients are diagnosed only after the cancer has progressed because the symptoms of mesothelioma mirror other, more common illnesses, making the cancer hard to detect. Depending on a patient’s specific circumstances, some surgical options may be possible. ^{(3) (4)}

Mesothelioma Survival Rate

Although there is no cure for mesothelioma, the survival rate is rising as researchers learn more about the deadly disease. More mesothelioma patients than ever before are living for at least one year after diagnosis, and some patients have even survived for five and 10 years.⁽⁵⁾ Still, the current five-year survival rate for mesothelioma is only 10 percent.⁽¹⁾

Some factors linked to longer survival times include:

• Good overall health.
• Younger age.
• Female gender.
• Epithelioid subtype.
• Lack of chest pain.
• No significant weight loss.
• Normal levels of a substance in the blood called LDH.
• Normal red blood cell counts, white blood cell counts, and blood platelet counts. ⁽⁶⁾

Mesothelioma Stages & Life Expectancy

The stage of the mesothelioma cancer, or how far it has progressed at the time of diagnosis, affects life expectancy. The earlier a doctor catches the cancer, the better the prognosis and expected survival rate.⁽¹⁾

Staging can affect the treatment options available to a patient. Stage I means the cancer is localized, while stage IV, the most advanced stage of mesothelioma, means the cancer has spread and surgery is no longer a viable option.⁽⁷⁾ People with mesotheliomas that can be operated on are likely to live longer than those with cancer that has spread too far to be surgically removed.⁽⁸⁾ Unfortunately, most patients are not diagnosed until stages III or IV because symptoms can remain unnoticeable for some time.

The Surveillance, Epidemiology, and End Results (SEER) database provides cancer survival statistics. The American Cancer Society relies on this database of info for this survival information: ⁽⁹⁾

Mesothelioma Location & Life Expectancy

Mesothelioma is classified by where it starts in the body, and the location of the tumors may affect life expectancy. Patients with pleural mesothelioma, which occurs in the lining of the lungs, make up 75 percent of all mesothelioma cases and have the best rate of survival. Tumors that form in the lining of the abdomen are called peritoneal mesotheliomas and are the second most common type of the disease. The overall prognosis of peritoneal mesothelioma is worse than pleural mesothelioma with typical survival up to one year. ^{(1) (10)}

Mesothelioma Cell Type & Life Expectancy

Mesothelioma is typically divided into three cell-type categories, depending on the tissue involved. These cell types include epithelial, sarcomatoid, and biphasic.

• Epithelial mesothelioma is the most common type, accounting for 50-70 percent of all cases. It has the best survival rate.
• Sarcomatoid mesothelioma is the least common but most aggressive of the cell types. It is associated with a particularly poor prognosis.
• Biphasic mesothelioma is known as mixed type because it’s a combination of epitheliod and sarcomatoid cell types. ⁽¹⁵⁾

A literature review, published in 2022, noted that epitheliod type mesothelioma “offers the best prognosis, followed by non-epithelioid and sarcomatoid.” ^{(13) (1)} In a 2001 study of 1,605 cases, German researchers noted a survival time of 16.9 months for epithelioid malignant mesotheliomas, compared with 13.1 months for biphasic tumors, and 5.5 months for the sarcomatoid tumors. ⁽¹¹⁾

Other Factors Affecting Mesothelioma Life Expectancy

The stage of the cancer, tumor location, and cell type are known as tumor-related factors. Non-tumor factors also exist and affect life expectancy. Non-tumor factors include age, gender, blood characteristic, and general health.

Performance status (overall health)

The more active and fit you are, the more likely your body will be able to handle and bounce back from aggressive cancer treatments. Doctors measure how well you are doing and call this your performance status, or PS.⁽¹²⁾

Age & Gender

Mesothelioma is much more common in men and older people. Women with mesothelioma and younger, healthier patients tend to live longer than do men and older patients with the same disease.^{(2) (6)}

Blood characteristics

Microscope Icon Blood characteristics High blood platelet count (thrombocytosis) is associated with shorter life expectancy.⁽¹⁴⁾

Improving Mesothelioma Survival

Each mesothelioma cancer patient is unique. However, survival rates may be improved when patients:

• See doctors who are focused solely on mesothelioma.
• Receive more than one form of treatment, such as a combination of surgery, chemotherapy, and radiation therapy.
• Have access to new and innovative therapies, such as immunotherapy and mesothelioma vaccines.⁽⁶⁾

Mesothelioma Help

Weitz & Luxenberg, a top mesothelioma law firm, looks forward to a time when mesothelioma victims’ lives can be prolonged and their quality of life enhanced. In addition to supporting promising mesothelioma research, our law firm has helped more than 44,000 mesothelioma victims seek compensation for their pain and suffering. In our nearly 40 years of asbestos litigation experience, we’ve secured more than $13 billion for mesothelioma victims and their families.*

We would be honored to help you achieve the justice you deserve. For a free consultation, call (917) LAWYERS or fill out a form to speak with one of our reputable mesothelioma attorneys.

Results of Asbestos Exposure Are Devastating

The Centers for Disease Control and Prevention reported that 45,221 Americans died of mesothelioma from 1999 through 2015, an average of about 3,000 patients per year. According to estimates, another 1,500 die annually from asbestosis, while the number of asbestos-related lung cancer deaths has been set as high as 8,000 per year.

The toll continues to climb. A former assistant U.S. surgeon general, Dr. Richard Lemen, told the U.S. Senate in 2007 that another 270,000 to 330,000 deaths are expected to occur over the next 30 years. ^{(1) (2)}

Often, asbestos victims are those who can least afford the expensive medical treatment required to fight the disease. For instance, the construction and maintenance industries account for thousands of patients. Asbestos-related diseases often deprive families of financial security during retirement years, even though many of the companies that manufactured, distributed, and used asbestos continue to profit.

A former assistant U.S. surgeon general, Dr. Richard Lemen, told the U.S. Senate in 2007 that another 270,000 to 330,000 deaths are expected to occur over the next 30 years.

Choosing an Experienced Mesothelioma Lawyer

For those diagnosed with mesothelioma, hiring an established and experienced asbestos law firm marks the crucial first step toward holding companies accountable and seeking compensation for the damages caused by their asbestos exposure.

Choosing a mesothelioma lawyer is a very personal decision. The ideal lawyer is not only equipped with the resources and experience necessary to get you the compensation you deserve but also is responsive to your needs, empathetic to your unique medical situation, and wholly invested in your and your family’s future.

Before partnering with a law firm, it is important to obtain information to help you determine if that law firm is experienced enough to take your case. This information may include:

• How knowledgeable is the law firm about the different options for seeking compensation?
• What is the law firm’s track record with trust fund claims and mesothelioma lawsuits?*
• Can the law firm be easily reached to answer your questions during the process?
• Does the law firm have the resources needed to make your case successful?

You’ll find few lawyers can surpass the experience, resources, and compassionate legal help that Weitz & Luxenberg mesothelioma attorneys have provided asbestos victims for almost 40 years. With 44,000 asbestos cases under our belt, we’re ready to help even more families seek justice.

Know Your Options for Mesothelioma Legal Assistance

There are a number of avenues to obtain compensation for mesothelioma cancer patients and their families. Depending on your situation, you may file a personal injury or wrongful death lawsuit. You may also submit a claim against an asbestos bankruptcy trust. No matter what path you ultimately choose, Weitz & Luxenberg lawyers are committed to making the process simple and stress-free to give you more time to focus on your health and your loved ones.

Proven Track Record

Damages caused by mesothelioma cancer include compensation for your pain and suffering, loss of income, and pricey treatments not covered by your health insurance — making it even more vital to hire a mesothelioma attorney who can increase your chances for success.*

Weitz & Luxenberg has nearly four decades of experience in this type of law and a proven track record of winning asbestos lawsuits and large settlements. Recent trial verdicts include:

• $190 million for a group of five mesothelioma victims
• $25 million to two New York mesothelioma victims
• $53 million for a brake mechanic who died from mesothelioma
• $35 million for a former asbestos-removal worker who died from mesothelioma^*
• $49 million for a boilermaker who died from mesothelioma

Experience You Can Trust

One of our first court victories occurred decades ago in a historic consolidated trial on behalf of 36 shipbuilders exposed to asbestos at the Brooklyn Navy Yard in the 1940s and 1950s. The verdict: a $75 million victory that changed the landscape of asbestos litigation.

Over the last almost 40 years, Weitz & Luxenberg mesothelioma lawyers have helped more than 44,000 clients navigate the most trying time of their lives, offering significant personal attention while winning a remarkable $13 billion from asbestos verdicts and settlements across the U.S.

Mesothelioma Attorneys Who Stand Behind You

Mesothelioma remains as incurable as it is unpredictable. The right mesothelioma lawyer can help provide clients with a sense of stability and peace of mind during a period of incredible emotional and financial turmoil.

Weitz & Luxenberg’s dedicated team of attorneys, investigators, and support staff defines how a successful asbestos litigation firm should fight on behalf of its clients. Our attorneys’ knowledge, experience, resources, and dedication make the whole process easier for you and your family.

Our attorneys, experienced in mesothelioma cases, will walk you step-by-step through the legal process, making sure you are notified of every development. We also have an experienced, comprehensive Client Relations department that’s on call 24/7 to answer questions and ensure that all your needs are met efficiently. If you have an important question about your case, you are able to get in touch with us when you need to.

You’ll find few lawyers can surpass the experience, resources, and compassionate legal help that Weitz & Luxenberg attorneys have provided asbestos victims for almost 40 years. We serve clients nationwide, and have mesothelioma lawyers at offices in California, New York, and New Jersey, near Philadelphia, Pennsylvania. With 44,000 asbestos cases under our belt, we’re ready to help even more families seek justice.

Building Your Case Starts With Proven Exposure Research

Identifying when and where you were exposed to asbestos is crucial to your lawsuit. Without this information, it may be difficult to file a claim. Our mesothelioma attorneys are familiar with common and not so common asbestos-containing products, including many brands of talcum powder. We are experienced in identifying companies responsible for asbestos exposure from the sale of those products and can help you gather evidence related to your asbestos exposure.

We set the standard for complex case management and prosecution, handling cases of every size with comprehensive resources and sophisticated technology that smaller firms cannot support.

Discuss Your Case for Free

Every asbestos lawyer working for Weitz & Luxenberg is proud of the firm’s reputation for providing effective mesothelioma legal support for workers diagnosed with this asbestos disease.

U.S. News & World Report and the publication Best Lawyers have recognized our firm as the national Law Firm of the Year in the category of Mass Tort Litigation/Class Actions – Plaintiffs. Weitz & Luxenberg attorneys are regularly lauded as Super Lawyers and Rising Stars of the New York Metro area. And our founding partners have each been named New York City “Lawyer of the Year.”

If mesothelioma has altered your life and you are seeking compensation, Weitz & Luxenberg would be proud to handle the legal burden, without contributing to additional financial concerns. Cases are handled on a contingency basis, which means you pay nothing up front, and we receive no fees unless we obtain a verdict or settlement on your behalf. The consultation is free, too.

With multiple offices, our firm has an unparalleled ability to fight on behalf of our clients, wherever they happen to live.

Please contact our office at (917) LAWYERS or fill out the form to speak to one of our experienced asbestos attorneys.

Frequently Asked Questions

Updated October 2025

PFOA has been linked to several potentially serious illnesses, including cancer. The PFOA contamination of Hoosick Falls’ water supply elevates the risk of these health problems because it far exceeds levels deemed safe by the U.S. Environmental Protection Agency (EPA) and New York State health officials.

Hoosick Falls is a village of approximately 3,500 people in central upstate New York. The surrounding area was once home to a number of manufacturing plants, a few of which still remain.

Some of those facilities utilized PFOA in their manufacturing processes. A synthetic acid and surfactant, PFOA is used in no-stick pots and pans, dental floss, floor wax and strippers, and treatments to make clothing and upholstery resistant to spills and stains.  These companies discharged waste containing PFOA into the environment.

The PFOA contamination problem could date back many decades. While the duration and scope of the contamination remains subject to investigation, the residents of Hoosick Falls had no knowledge of the contamination until very recently.  Indeed, when local efforts first revealed the water contamination, local officials dismissed or otherwise played down the potential risks and dangers.

Now, residents of Hoosick Falls are developing significant illnesses at an unusual and alarming rate. These illnesses are taking a toll on the people of Hoosick Falls.”

Hoosick Falls residents are more frequently calling in too sick to go to work. Their children are more often missing school due to illness. Young and old alike are making more trips to doctors’ offices and treatment centers.

Property values are also in decline. The plant where PFOA was used has been declared a State Superfund site. This designation drives away prospective homebuyers. Further, individuals cannot refinance their homes because banks are unwilling to loan money on an asset with diminished value.  Residents who wanted to sell their homes in the near future now feel stuck.

Health Complications from PFOA in Hoosick Falls Water

Medical research published in peer-reviewed journals has linked PFOA with several serious health conditions. These include:

• Testicular cancer
• Kidney cancer
• Thyroid disease
• High cholesterol
• Ulcerative colitis
• Pregnancy-induced hypertension

The amount of exposure to PFOA necessary to induce health problems is very small. One-half of one part-per-billion is enough to create a risk of injury in humans. That concentration is the equivalent of half a single drop of water placed in an Olympic-sized swimming pool.

The problem of PFOA contamination is compounded by the fact that PFOA does not dissipate once it finds its way into the environment – or finds its way inside a person.

Hoosick Falls PFOA Water Contamination Lawsuit

Weitz & Luxenberg has filed a lawsuit against Saint-Gobain Performance Plastics and Honeywell International, claiming that the companies are the sources of the Hoosick Falls PFOA contamination.

The lawsuits will demand that the defendant companies restore W&L’s clients from Hoosick Falls and environs to their rightful position – the position they would be in but for the harm done to them by PFOA contamination. Learn more about the class action lawsuit filed, In Hoosick Falls, W&L Files Federal Class-Action Lawsuit Against Saint-Gobain and Honeywell.

The class action also seeks the establishment of a medical monitoring program that will protect the health of property owners and help insure an early detection of those ailments linked with exposure to PFOA. 

On May 18, 2020, the Second Circuit Court of Appeals ruled in Plaintiffs’ favor on an appeal by the Defendants seeking to dismiss the class action case. The appellate court ruled that Plaintiffs may pursue claims for medical monitoring, property damage, and nuisance related to Defendants’ contamination of the community with PFOA. The court issued two decisions that explained its ruling: Baker v. Saint-Gobain and Benoit v. Saint-Gobain.

On July 22, 2021, a proposed $65.25 million settlement was announced. This settlement compensates Hoosick Falls residents for their exposure to PFOA. Three defendants agreed to the proposed class settlement: Saint-Gobain Performance Plastics Corp., 3M Co., and Honeywell International Inc. One defendant, E.I. DuPont de Nemours & Co., has not agreed to the settlement.

W&L is laying the groundwork for plaintiffs to seek compensation for:

• Payment of medical bills
• Wages lost because of illness brought about by exposure to PFOA-contaminated water
• Reduced value of real property
• Pain and suffering
• Ongoing health monitoring

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases.  For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $17 billion for our clients.

Soon after the leak was made public, residents of the nearby communities reported strong, rotten egg-like odors and began suffering numerous physical symptoms, including headaches, nausea, nosebleeds, irritated sinuses, and difficulty breathing. The L.A. County Health Department ordered SoCalGas to relocate residents to temporary housing until it could control the leak.

Over the next four months, two schools were moved and thousands of people were placed in temporary housing. The leak was not fixed until early February 2016.

The nonprofit Environmental Defense Fund estimates that the leak emitted the equivalent of 7.5 metric tons of carbon into the air. It is the largest release of greenhouse gases in the history of the United States.

Health Complications from Porter Ranch Gas Leak

Children and adults in the vicinity of the gas leak suffered serious health consequences as a result of the leak. These included:

• Eye, nose and throat irritation
• Coughing and nasal congestion
• Shortness of breath
• Nausea
• Dizziness
• Headaches
• Nose bleeds
• Flu-like symptoms
• Skin irritation
• Fatigue
• Extraordinary stress

Even though natural gas consists mainly of methane, it can also include varying amounts of other toxic chemicals such as nitrogen, hydrogen sulfide, benzene, toluene, ethylbenzene, and xylene.

Additionally, the natural gas to which residents were exposed had been treated with mercaptans. These are chemical agents that give natural gas a nauseating smell, similar to rotten eggs.

SoCalGas Leak Lawsuit

In December 2015, Weitz & Luxenberg filed a lawsuit on behalf of residents impacted by the gas leak against the owner and operator of the Aliso Canyon Natural Gas Storage Facility, SoCalGas and Sempra Energy.

Since that time, the firm has filed six additional suits on behalf of over 3,000 injured residents.

The lawsuits allege that SoCalGas and Sempra failed to construct, maintain, and operate their gas storage well in a safe manner, and that both SoCalGas and Sempra purposefully kept residents in the dark about the leak and its effects.

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases.  For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $17 billion for our clients.

In 2012, medical device manufacturer Zimmer introduced its Persona Personalized Knee Replacement System.The company said it was to “provide the best fit” for individuals looking for a joint that felt natural and allowed them to fully engage in their regular activities.

Zimmer has voluntarily recalled more than 11,500 porous coated, uncemented Zimmer Persona Trabecular Metal Tibial Plates. The defective component is concerning because it may potentially become loose. Loosening was diagnosed clinically and by X-ray findings of “lucencies.”

The company has also voluntarily recalled the Zimmer Persona Tibial Articular Surface Provisional (TASP) Shim tool. The TASP ball bearings from the tool may be left in the surgical wound, may delay surgery, or may be ejected during surgery. These problems are believed to be caused by the ball bearing retention component of the tool, known as the “swage,” which can break down after sonic cleaning.

The recall sought to notify distributors and hospitals with affected inventory that to prevent this problem, the shim tool needs to be manually cleaned and inspected. Revised instructions were provided.

The FDA has designated these voluntary recalls as Class II recalls. This means that a medical device may cause “adverse health consequences.”

Extent and Immediacy of the Recall

There were 11,658 of the porous coated, uncemented Zimmer Persona Trabecular Metal Plates recalled from around the world, including the following states in the United States: Alaska, Alabama, Arizona, California, Colorado, Florida, Illinois, Indiana, Kansas, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin. The notice states that “All affected product are to be located and quarantined immediately.”

A total of more than 67,000 Zimmer Persona Tibial Articular Surface Provisional Shim tools were recalled from around the world, and nationwide in the U.S., including Washington D.C. and Puerto Rico. Zimmer noted that these shims must be “manually cleaned and inspected” in the recall.

Zimmer FDA Inspections Prior to Recall

As a result of a Freedom of Information Act request submitted to the FDA, W&L was able to discover that the FDA had concerns about certain Zimmer Persona knee components which the FDA repetitively communicated to Zimmer prior to the initiation of these above-mentioned recalls.

After a spring 2014 FDA inspection of a Zimmer facility, FDA inspectors called attention to “objectionable conditions” and reminded Zimmer that by law “your firm is responsible for conducting internal self-audits to identify and correct any and all violations of the quality system requirements.” Zimmer had received several complaints of fractures in tools where the TASP shim tool was used from March 15 through May 28, 2014.

The FDA noted that Zimmer, in a Field Action Authorization Form approved internally by Zimmer on January 29, 2014, stated that “the immediate health consequence which may result from use of or exposure to the TASP is minor surgical delay and possibility of fragment retention such that the probability of serious adverse health consequence is less than remote.”

Although the seriousness was deemed “less than remote,” the FDA noted in its inspection that “[a]ccording to your firm’s [Zimmer’s] clinical personnel, the effect on the patient from surgical delay may be blood loss or prolonged exposure to anesthesia such that the chance of these complications occurring increases if the patient has other comorbidities (strong cardiac or respiratory history, morbid obesity, etc.).”  The FDA inspectors found that “these factors were not documented in [Zimmer’s required] HHE [Health Hazard Evaluation]…” The potential delay in surgery problem was cited in the voluntary TASP recall made several months later.

The FDA investigators also noted that “acceptance criteria was not met for the design validation of your [Zimmer’s] Class II Persona Knee 14x +30mm Tapered Tibial Stem Extension and respective Persona Knee 14x +30mm Drill executed under the Design Validation Protocol…” The investigators cite as an example the question “Was there any damage to the soft tissue or bone caused by the drill that is not clinically acceptable?” which was answered “yes,” was not addressed in the Design Validation Report.

Complications

Like many forms of surgery, knee replacement surgery is not without risks.

Complications following initial knee replacement surgery and following revision (follow-up surgery to correct an earlier procedure) surgery are similar and can include: 

• Loosening of the implant
• Pain
• Early implant failure
• Numbness or stiffness in the leg
• Dislocation
• Bone fracture
• Nerve damage
• Heart attack
• Stroke
• Blood clot
• Infection 

If you have had a porous coated, uncemented Zimmer Persona Trabecular Metal Tibial Plate implanted or a knee surgery that used a Persona Tibial Articular Surface Provisional shim tool and are experiencing pain which may suggest loosening of your device or other problems, you should consult with your doctor. If you are having problems, consider contacting an attorney.

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For more than 25 years, we have dedicated ourselves to holding irresponsible manufacturers accountable, and we have won $17 billion for our clients.

We are in the forefront of orthopedic medical device litigation, with one of our attorneys serving in court-appointed Lead Counsel roles, managing the steering committees of litigations involving recalled hip implants. In that capacity, Weitz & Luxenberg played key roles in negotiating settlements in excess of $5 billion for clients who needed to have those hip implants revised.

Wright manufactured the Conserve Acetabular Hip and Wright Medical Conserve Hip Resurfacing System, both metal-on-metal hip replacement devices. Other hip replacement devices made by Wright include the Medical Lineage and Dynasty devices.  Wright’s metal-on-metal devices are associated with similar complications as other manufacturers’ metal-on-metal devices, such as loosening, fracture and corrosion.

Many patients may also have experienced severe pain in the hip and groin and loosening in the joint. When used with a PROFEMUR Z stem, the resulting complications can be exponentially worse. 

Concerns regarding metal-on-metal joint replacement systems have risen so significantly that the Food and Drug Administration was compelled to issue a warning in January 2013. From here on out, manufacturers must submit applications proving that their all-metal systems are safe and effective or they will not be able to sell them in the United States. 

The FDA has also classified a recall of the Profemur Neck Varus/Valgus CoCr 8 Degree modular neck devices as a Class I recall, its most serious kind. The recall applies to parts that were manufactured from mid-June 2009 to the third week of July 2015. Due to the time frame the recall covers, parts may have been manufactured by Wright Medical or MicroPort Orthopedics.

W&L Attorneys Handling Wright Hips Litigation

Ellen Relkin, Partner and Practice Group Chair

Ms. Relkin, whose practice focuses on medical device and pharmaceutical product liability, as well as toxic tort matters, has represented thousands of plaintiffs injured by defective medical products including hip and knee implants, hormonal contraceptives, other drugs, CPAP machines, and vapes.

Contact Ellen Read more

Melinda Davis Nokes, Associate Attorney

Melinda Davis Nokes enjoys a well-deserved reputation for ingenuity and tenacity when it comes to securing experts who can offer powerful testimony about the connection between dangerous pharmaceuticals and the injuries they can cause.

Contact Melinda Davis Read more

Danielle Gold, Partner

Danielle Gold is an attorney in our Drugs & Medical Devices Litigation group.

Contact Danielle Read more

Complications

Many individuals have experienced severe complications with Wright hip implants.

Some of the ones you should look out for are:

• Limp or decrease in ability to walk
• Swelling in or near the hip joint
• Revision surgery due to device failure
• Corrosion
• Femoral neck fracture
• High levels of metal toxicity
• Fretting, which occurs when two opposing surfaces rub together and cause wear damage 

These complications may have serious consequences.  If you suspect that your Wright hip is defective, considering getting a legal opinion on your options. 

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases.  For almost 40 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $26 billion for our clients.

We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at (917) LAWYERS. If you prefer, you can complete our form, and our client relations representative will contact you shortly.

Weitz & Luxenberg P.C. is now accepting cases in which babies have been diagnosed with Erb’s palsy, or Erb-Duchenne palsy, following a difficult delivery at birth. Erb’s palsy can result when, during delivery, the baby’s shoulders become impacted, or jammed, in the birth canal.⁽¹⁾

When this event occurs, nerves in the baby’s shoulder(s) can be damaged. Depending on how severe the trauma, a baby may need to undergo surgery, physical therapy, and other extensive and expensive medical treatment.

In some cases, the nerve damage “can cause permanent weakness or disability.”⁽²⁾

If your child suffered nerve damage during delivery and has been diagnosed with Erb’s palsy, or another type of brachial plexus injury, you may be entitled to compensation. The actions of your health care provider may have contributed to your child’s nerve damage.

Medical Mistakes Can Injure Your Child

Because Erb’s palsy results from a specific type of nerve damage, we suggest you speak with an experienced Erb’s palsy attorney, such as one of Weitz & Luxenberg’s attorneys who handles complex medical malpractice cases. Our attorneys have the knowledge and training to help you understand your legal options.

And, your initial consultation is absolutely free.

If your child has been diagnosed with Erb’s palsy, or another form of brachial plexus injury, chances are you are already facing overwhelming challenges, financially and emotionally. You want to make the best possible decisions for your child, but the costs can seem incomprehensible.

Please, let us help you. You do not have to face this difficult time alone.

Whatever your specific circumstances, one of our experienced Erb’s palsy attorneys can help you consider possible areas of negligence or medical error. We can help you evaluate not only potential medical mistakes that took place during your baby’s delivery but also identify possible errors in medical judgment that may have occurred during your pregnancy.

For more than three decades, Weitz & Luxenberg has been helping victims of negligence and medical malpractice. As a nationally recognized firm, we can provide you with the legal assistance and guidance you need, as well as the resources to pursue appropriate compensation.

Our firm has won more than $26 billion in verdicts and settlements for our clients. Although this doesn’t guarantee future success, it is something you may want to consider when evaluating our experience. 

Weitz & Luxenberg Accepts Erb’s Palsy Lawsuits

Weitz & Luxenberg attorneys
are knowledgeable and fully prepared to file Erb’s palsy lawsuits on behalf of families whose infants were diagnosed with Erb’s palsy.”

With nearly 40 years of experience handling complex medical malpractice lawsuits, Weitz & Luxenberg attorneys are knowledgeable and fully prepared to file Erb’s palsy lawsuits on behalf of families whose infants were diagnosed with Erb’s palsy.

Because each infant experiences the trauma of a difficult birth differently, appropriate treatment varies.

Whatever the treatment, the costs can add up quickly. Parents may need to seek out the recommendations of primary care providers as well as medical specialists.

Treatment could involve multiple consultations, numerous diagnostic tests, physical and occupational therapy, and years of expensive follow-up care. To provide your child with the best care, choosing the right attorney can make all the difference.

At Weitz & Luxenberg, we aim to achieve the best possible outcome for each and every one of our clients. We hope that after consulting with us, you will decide we are the right attorneys for you.

“When a child is diagnosed with Erb’s palsy, the parents probably have no idea the amount of money the medical treatments cost,” says Gary Klein, Weitz & Luxenberg’s managing attorney. “They often can barely wrap their heads around the diagnosis and are unable to fathom the way that diagnosis will impact their family.”

“If a serious medical mistake has caused an infant to suffer nerve damage, parents deserve to get the treatment their child needs. And the family should not have to worry about the costs,” Klein adds. “If this is happening to your family, reach out to us. We may be able to get you the financial compensation you deserve.”

For a free initial consultation, please call us at (917) LAWYERS or fill out the form available. One of our representatives will be in touch with you shortly.

What Is Erb’s Palsy?

Erb’s palsy is essentially a specific type of nerve damage, or brachial plexus injury. The nerves involved in an Erb’s palsy diagnosis form a network of five nerves called the brachial plexus.^{(3) (4)}

When one or more nerves of the brachial plexus get damaged during childbirth, an infant may be diagnosed with a brachial plexus injury.⁽⁵⁾

The nerves of the brachial plexus are located near the neck. When they are damaged, the shoulder, arm, forearm, and hand may be weak or unable to move.⁽⁶⁾

When this type of nerve damage occurs in infants, the condition is called neonatal brachial plexus palsy (NBPP). The brachial plexus nerves can be damaged during a difficult delivery when:⁽⁷⁾

• The baby’s head and neck are pulled or pushed sideways while the baby is passing through the birth canal; the head has emerged but the shoulders get stuck.
• The infant’s shoulders are stretched unnaturally as the baby passes headfirst through the birth canal.
• During a feet-first, or breech, delivery, the baby’s arms are raised and pressed or twisted in the birth canal.

Infants that are larger than average may also face a greater risk of pressing against the narrow entryway of the birth canal during labor.⁽⁸⁾

Although a cesarean section is an alternative method of delivery, an infant delivered via cesarean section may still suffer nerve damage leading to an Erb’s palsy diagnosis.⁽⁹⁾

A physician’s expertise and skill may play a role in preventing Erb’s palsy.

Skilled and knowledgeable health care professionals should take necessary precautions when facing a difficult delivery or special circumstances of a woman’s medical health. Skilled professionals should also recommend appropriate neonatal care.

Sometimes, a health care provider may not advise a woman about appropriate prenatal care or may make an error in judgment when considering her medical history. In other instances, a doctor may fail to deliver a woman’s baby safely.

If your infant was diagnosed with Erb’s palsy and you believe your doctor contributed to your baby’s nerve damage — either during your pregnancy or during your delivery — you may be able to seek compensation. To find out more about your legal options, we encourage you to contact us.  

Types of Neonatal Brachial Plexus Palsy

Depending on the number of nerves damaged, the severity of the damage, and the location of the damage, infants may display different variations of paralysis.

• Erb’s palsy, also called Duchenne-Erb or Erb-Duchenne paralysis, affects the upper arm. The specific nerve roots that are damaged are the C5 and C6. Sometimes C7 is damaged as well. “C” refers to the cervical region of the spine (the neck).^{(10) (11)}
• Klumpke paralysis, or Dejerine-Klumpke palsy, affects the lower portion of the arm and hand.⁽¹²⁾

In addition, there are four types of brachial plexus nerve damage:⁽¹³⁾

• Avulsion: the most severe type of damage. In this case, a nerve root has been “torn from the spinal cord.”⁽¹⁴⁾
• Rupture: In this case, a nerve has been torn but not at the spinal attachment.⁽¹⁵⁾
• Neuroma: A nerve has been torn but has healed; however, scar tissue puts pressure on the injured nerve and prevents it from sending signals to the muscles.⁽¹⁶⁾
• Neuropraxia: A nerve has been damaged through stretching, but it has not been torn.

Symptoms of Erb’s Palsy

Erb’s palsy is a type of nerve damage that generally affects the upper arms. Infants may display some degree of limpness or paralysis in the upper arms. Infants may also be unable to control muscles in the upper arms. In addition, a child may display a lack of sensation or feeling in the upper arms.⁽¹⁷⁾

In some cases, infants may experience extreme pain.⁽¹⁸⁾

Diagnosing Erb’s Palsy

To diagnose Erb’s palsy in an infant, a doctor needs to physically examine the baby as well as arrange for a variety of diagnostic tests. These tests may include:^{(19) (20) (21)}

• EMG: Electromyography
• NCV: Nerve Conduction Velocity
• MRI: Magnetic Resonance Imaging
• Computerized Tomography Myelography
• Angiogram

These diagnostic tests can be costly. Visits and consultations with health care specialists can also be expensive.

Erb’s Palsy Treatment

Depending on the severity of nerve damage, an infant may require physical therapy and surgery. Sometimes surgery must be done to remove scar tissue that has formed.⁽²²⁾

In addition, “Surgical repair is often required for nerves that … have been cut or torn … If nerve surgery occurs more than six to seven months after the injury, the muscles may not recover their function.”⁽²³⁾

Nerve graft

Nerve transfer

Muscle transfer

These treatments can be expensive, and costs can add up quickly. If you believe your doctor contributed to your baby’s Erb’s palsy diagnosis, please contact Weitz & Luxenberg now. You may be entitled to pursue compensation.

Erb’s Palsy Outlook

The outlook for infants diagnosed with Erb’s palsy depends on the severity of the location and specific nerves damaged.”

The outlook for infants diagnosed with Erb’s palsy depends on the severity of the location and specific nerves damaged. For infants who have suffered torn nerves that have not healed, there is no possibility “for recovery unless surgical reconnection is made in a timely manner.”⁽²⁵⁾

For infants who have experienced less severe nerve damage, the possibility for recovery varies. Those with only a slight degree of damage may “recover spontaneously with a 90-100 percent return of function.”⁽²⁶⁾

Typically, life insurers do come through on their policies, paying out billions in death benefits on individual policies each year. Still, thousands of claims are disputed or denied annually. The amount of money withheld each year, several hundred million dollars, has continued to climb.

Exclusion Clauses Favor Insurance Companies

To some insurance companies, business is just business, and that means making money. For them, the goal is to bring in as much money as possible while paying out as little as possible.

Incorporating exclusion clauses into life insurance policies is one way insurance companies aim to reduce their risks of having to pay out large sums of money. One such exclusion is the “dangerous activity” clause, which may “deny” coverage to those who engage in activities such as skydiving, unless those individuals choose to pay a higher rate to have that exclusion removed from their policy.

Possible life insurance exclusions include:

• Act of war
• Aviation (private aircraft crash)
• Alcohol and drug use
• Dangerous activity
• Illegal activity
• Material misrepresentation
• Misstatement of age
• Suicide
• The contestable period

The Contestable Period: The Ultimate Exclusion

If an insured person dies within a specific period of time, typically two years following the issuance of a life insurance policy, the company may use any number of exclusions to justify rejecting the claim.

The insurance company may spend however long it wants investigating the possibility that the information provided was inaccurate or deceptive. According to some consumer advocates, some insurers have turned the contestable period into a “gotcha period,” taking advantage of every possible flaw, error, misstatement or omission to reject a beneficiary’s claim to death benefits.

The insurance company may insist the insured person misrepresented his medical condition and refuse to honor a claim for benefits, citing “material misrepresentation.” Or the company may challenge an “accidental death,” saying it was suicide.

To make matters even worse, the company may have noticed the “flaw” or “misrepresentation” at the time the policy was issued but chose not to clarify or correct it. They did so knowing the insurance company could later refuse to honor the claim.

Categories of Contestable Period Claim Denials

There are two main categories under which a life insurance company may contest your claim.

Omission

An omission is the number one reason an insurance company denies a death benefits claim. If you fail to disclose information that the insurance company has decided is important in assessing risk, the company can deny a beneficiary any death benefits.

In essence, if you omitted something — anything — from your application that the insurance company thinks matters, your beneficiary’s claim can be rejected. This is true even if that omission had nothing to do with your cause of death.

For example, perhaps you forgot to mention a medical condition such as high blood pressure and you died in a car accident that had nothing to do with your high blood pressure. The insurance company may cancel your policy if that car accident occurred within two years of your signing the life insurance contract.

Material Misrepresentation

A material misrepresentation exclusion is often cited as the reason an insurance company denied a claim for death benefits during the contestable period. However, it is not restricted to the first two years after you purchase your policy.

If, at any time over the course of months, years or decades, the insurance company discovers you “misrepresented” yourself, it can cancel your coverage or deny a beneficiary’s claim.

For example, if you said you didn’t smoke and the insurance company found out that you did, the company could cancel your policy, even if you had stopped smoking.

Life Insurers Benefit from Use Ambiguity

Although state laws limit exclusions, life insurers may use specific wording or particular terms ambiguously and then later interpret that language in their favor to deny a claim. In fact, according to civil court cases nationwide, life insurers have found numerous, creative ways to avoid paying death benefits to beneficiaries.

They do this by manipulating facts, inventing excuses and even discounting official autopsy reports. Skilled representatives also know where to look for loopholes.

Life insurance companies may also interpret exclusions to their advantage. For example, an insured person might accidentally hike on someone’s private property and suffer a heart attack. In that case, the insurance company could refuse to pay death benefits because the person was engaged in an illegal act, trespassing.

“Dangerous activities” is another gray term. One person’s “dangerous” acts might not be considered dangerous to another person.

Weitz & Luxenberg Knows How to Stand Up Against Dishonorable Life Insurance Companies

Many insurance companies feel secure in the ambiguity of their exclusions and terminology. They have expert legal advisors on hand to interpret life insurance policies in the company’s favor.

They count on this — that someone who has recently experienced the death of a loved one will not have the stamina or knowledge to file a lawsuit contesting a life insurance claim that has been denied.

This is where Weitz & Luxenberg wants to step in. We can help you recover the death benefits that are rightfully yours.

We specialize in helping people appeal that denial and win.

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury law firm, Weitz & Luxenberg is committed to helping clients win cases. For nearly 40 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $26 billion for our clients.

We would feel privileged to assist you. For a free consultation and more information about your legal options, please call us at (917) LAWYERS. If you prefer, you can complete our form, and our client relations representative will contact you shortly.

Because cars and trucks are so expensive, you probably cannot afford to pay the full price right up front. Instead, you have to take out a loan.

Places that offer financing for cars and trucks include:

• Banks
• Credit Unions
• Independent lending companies
• Lending companies owned by vehicle makers

In the typical loan arrangement, your lender gives the dealership full, up-front payment for your desired vehicle. You then pay back the lender in monthly installments over a set number of years.

Factored into each monthly payment is an amount of interest. This interest is charged at an annual fixed rate and is the profit the lender earns from giving you that loan.

The interest rate the lender sets depends on two things — what the lender thinks you will pay and what the law allows them to charge you.

The law says that lenders cannot charge more than 16 percent interest rate on loans. Unfortunately, some lending companies owned by or affiliated with vehicle makers have devised schemes whereby you are charged interest at rates exceeding the maximum permitted by law. This is called usury.

Carmaker-Owned Lenders Know That You Have Few Choices

People pay usurious interest on their vehicle loans either because they don’t know there are caps on allowable interest rates or they have no choice. Carmaker- affiliated lenders know this. That is why some of them fix their interest rates higher than the law allows.

They recognize that your automobile is indispensable — it gets to and from your job and everywhere else you need to go. At the same time, they know you cannot buy that vehicle without their financial help.

They bet on the fact you won’t object when they charge usurious interest rates.

But usurious interest rates disproportionally hurt individuals who are the least able to pay such rates — they are financially devastating. Here’s how. The higher the interest rate, the more expensive the vehicle becomes over time.

For example, say you bought a car for $20,000. You take out a loan for that amount and plan to pay it back over five years. The lender charges an interest rate of 5 percent.

By the end of those five years, you will have paid a grand total of about $22,600. If the interest rate is 24 percent — a usurious rate in New York — you will have paid approximately $34,500 for that same vehicle.

Or say you want smaller monthly payments. To lower them, your loan must be extended. So you agree to repay the $20,000 over seven years. By the end of the loan term, at 24 percent you will have paid nearly $41,500 for the vehicle.

Consumers Are Taking Action Against Usury Lawbreakers

In New York state, the most a lender can charge for annualized interest is 16 percent. However, one of our New York clients was charged an annualized interest rate of nearly 24 percent for his vehicle loan.

He would have had to pay nearly double the purchase price of the vehicle by the time he made his final payment. But he seeks to avoid that outcome by fighting back.

By participating in a class-action lawsuit we filed, our client — and many others harmed in the same way — may not have to pay any unpaid principal or additional interest on their car loans.

They also may be able to get back all the interest they already paid that was more than the 16 percent annual legal limit.

You Should Be Compensated for Car-Loan Usury

It is the practice among some dealerships to aggressively push buyers into loans from lenders owned by or affiliated with the manufacturer of the car or truck being bought. These loans often come with usurious rates of interest.

We are litigating against this unconscionable practice and fighting to stop it.

You should never have to pay a penny more in interest above the amount a car-loan lender can legally charge you.

If you own a car or truck purchased with financing obtained from a lender owned by or affiliated with the vehicle’s maker, and you pay a higher interest rate than is allowed in your state, you may be entitled to compensation for usurious interest rate charges.

But your lender will not compensate you without a fight. That’s why you’ll need to be represented by a law firm with a reputation for fighting twice as hard as the lender you’re suing. Read more about car loan usury: W&L Sues Chrysler’s Lending Unit, Alleges Illegal Interest Rates.

How Weitz & Luxenberg Can Help

As a nationally recognized personal injury, consumer protection, and class action law firm, Weitz & Luxenberg is committed to helping clients win cases. For more than 25 years, we have dedicated ourselves to holding irresponsible practitioners accountable, and we have won $17 billion for our clients.