A Statute of Limitations is the the length of time in which people may file a lawsuit. This period usually begins when the plantiff becomes aware of the problem, rather than at the time of the original event. However the statute of limitations varies by and and the type of legal issue, so it is best to contact an attorney to determine the statute of limitations regarding your potential lawsuit.

For example, the statute of limitations for mesothelioma lawsuits begins from the moment a patient is diagnosed and can vary between 1 – 6 years depending on where you live.

Because statute of limitations can be confusing, many women believe that they are not able to file a vaginal mesh lawsuit. Unfortunately, there’s not one set answer when it comes to vaginal mesh. Several factors may influence vaginal mesh statute of limitations, including the date of your initial surgery, the mesh removal date if you had it surgicall removed, the state the U.S. Food & Drug Administration (FDA) issued a warning, when you may have had conversations with your doctor or when you started noticing symptoms.

Because of this, it is best to contact an attorney early to discuss your personal case in detail. LegalView offers free case consultations for personal injury cases, unsafe drugs and mesothelioma litigation.

You may be asking yourself this very question. Not only will contacting LegalView allow you to connect you to an experienced lawyer for free, LegalView is made up of four of the top law firms in the United States, each with established and successful track records with personal injury cases like vaginal mesh, mesothelioma and unsafe drugs.

LegalView is made up of four firms: Anapol Schwartz; Cohen, Placitella and Roth; James F. Humphreys and Associates; and Lopez McHugh. Each of these four firms have won several personal injury law cases and can help you with yours. Please contact LegalView for your free case evaluation. With more than 60 years of experience, LegalView attorneys have established reputations and knowledge to help represent you. Visit LegalView.com for more information.

LegalView is pleased to announce that Jillian A.S. Roman of Cohen, Placitella & Roth has been appointed Co-Liaison Counsel in the In re Pelvic Mesh/Gynecare Products Liability litigation by the Honorable Judge Carol E. Higbee, Superior Court of New Jersey, Atlantic County. This litigation involves claims of women across the country who have had adverse vaginal mesh implants. The alleged injuries of these women include: erosion, infection, pain, urinary problems, bleeding, vaginal scarring or shrinkage, painful sexual intercourse, and recurrence of urinary problems or pelvic organ prolapse. Ms. Roman will serve as a liaison between the Court, defense counsel and all plantiffs’ counsel.

In August, the United States Food and Drug Administration issued a formal warning about vaginal mesh products as it has been scientifically proven that these devices are linked to several, serious complications. These devices are usually used to treat pelvic organ prolapse (POP) or stress urinary incontinence (SUI).

LegalView represents four of the top legal firms in the United States, including Cohen, Placitella & Roth.

What is Spoliation?

Legal Advice from Cohen, Placitella & Roth, Attorneys at Law

Whenever you think you may have a legal case, it is very important that you preserve the evidence to avoid what is known as ‘spoliation of the evidence.’  Spoliation is defined as the destruction of material evidence.   This can arise when evidence is intentionally or unintentionally lost, altered, negligently withheld or destroyed by a party who has or should have had control over it. Spoliation can occur intentionally or as a by-product of circumstance or daily routine.

Spoliation can occur with regard to:

• a device (such as a medical device used in a medical malpractice case)
• a product (such as food items or other consumer products that cause significant injury, vehicles in product liability and auto accident cases, prescription drug in pharmaceutical liability and injury cases)
• the scene where the harm occurred (from alteration, destruction or contamination before an investigation can occur or failure to record where a duty to do so exists)
• documentation (lost, altered or discarded)

Where the plaintiff in a case causes the spoliation of the evidence, it can be seriously detrimental to their ability to recover from a products liability action.  Spoliation is often an issue in the context where a person claims he has been injured by a defective product which he then discarded or lost.   For example, in Roselli v. General Electric Company, plaintiffs filed suit after a coffee maker carafe exploded causing severe burns.   It took the case three years before ensuing litigation began and in the course of that time the Plaintiffs and their prior counsel lost the glass fragments from the carafe.  Summary judgment was consequently ruled in favor of the defendants, eliminating the plaintiff’s case.  According to the courts, the plaintiff’s loss of the evidence deprived the defense of the most direct means of countering Plaintiffs’ allegations that the coffee maker was defective. ^[1]

In another case, Tenaglia v. Proctor and Gamble, Inc., plaintiff was injured while opening a cardboard box containing diapers.  She injured her arm, applied ice and finished her shift.  Later, the plaintiff reexamined the box to see why she had a problem opening it and discovered excessive glue on the box.  She did not ask anyone in the office to keep the box, and later in the day, she knew the box was to be destroyed, in the normal course of work.  The failure to keep the box resulted in her not having a legal case because she had a chance to keep the box but failed to do so. ^[2]

Spoliation can give rise to disastrous consequences because courts try to remedy spoliation by imposing sanctions on the spoliator.   When deciding the severity of penalty for spoliation the Pennsylvania courts have adopted a three prong test weighing (1) the degree of fault of the party who altered or destroyed the evidence; (2) the degree of prejudice suffered by the opposing party, and (3) the availability of a lesser sanction that will protect the opposing party’s rights and deter future similar conduct. ^[3]

While the sanctions vary, they may include:

• Outright dismissal of the case
• An adverse inference jury instruction at the trial
• Summary Judgment to throw the case out early in the litigation
• Preclusion of evidence or expert testimony

The consequences are not always limited to sanctions within the primary lawsuit; increasingly, the courts are allowing the aggrieved parties to pursue an independent civil cause of action.  There have been several cases throughout the years in which persons who were severely injured have been unable to receive justice in the courts, due to spoliation or lack of evidence.  This is why it is important to preserve the evidence to give all parties a chance to assess liability.   Some practical tips in the course of your investigation:

• If in doubt if the item will be needed, do not throw it out (including all documents, manuals, contracts, and such)
• Videotape and use a tape measure to document any scene investigation
• Think like the third party target (what would you want to consider your liability if you were in their shoes?)
• Keep a sample from the accident scene (where applicable)
• Keep the defective product

Working together with counsel can help you with the liability investigation and increase your potential recovery.   Contacting an attorney as soon as the incident occurs is very important.  An attorney will be able to provide services needed to help collect the evidence needed and help preserve the evidence you have access to today that will be needed tomorrow.    Cohen, Placitella & Roth has years of experience, working successfully to litigate major complex civil litigation cases involving injury.   If you believe you may have a case, or would like to learn more about our practice, please contact us at (888) 375-7600 or visit us on our website of www.cprlaw.com. We look forward to working with you!

References:

1. Roselli v. General Electric Company 410 Pa. Super. 223, 599 A.2d 685 (Pa. Super. 1991).
2. Tenaglia v. Proctor and Gamble, Inc. 737 A.2d 306 (Pa.Super. 1999).  .
3. Schroeder v. Commonwealth Department of Transportation, 710 A.2d 23 (Pa. 1998).

Lawyer Blog – How can I find out about other additional experimental therapies? Mesothelioma treatment information from Cohen, Placitella & Roth.

- Christopher M. Placitella, Esquire
Mesothelioma Lawyer
Cohen, Placitella & Roth

There are lots of new treatments out there for mesothelioma, none of which may be regarded as mainstream. It is important for people to be wary and careful about experimental treatments and to consult with their doctor before undergoing any type of treatment at all.

I recently sat down with Dr. Eric Butchart, one of the pioneers in the field of mesothelioma diagnoses and medical research, to go over some of the experimental therapies that are out there, and to uncover which ones were of any medical relevance. According to Butchart, “one of these experimental treatments currently being investigated is photodynamic therapy, in which patients are given a light sensitizer drug 48 hours prior to an operation to remove the tumor. Once the tumor has been removed, residual tumor cells at the end of surgery, whether visible or microscopic is treated with laser lights. The sensitizer drug sensitizes the cells in the body to light and what the light does is when it is shown at the tumor cells it releases oxygen within the cells which destroy the cell. The result is cell death, but what else it does which is more interesting is that is almost stimulates the body’s immune system. So there is a possibility that this may help as well, getting the body to recognize tumor cells and to destroy them.”
Dr. Butchart went on to emphasize with serious concern, “that this procedure needs to be done in a very sophisticated manner and within a medical setting, and should not be done by someone who is only doing it occasionally. This is because the procedure has complications that can result. This is why it should only be performed by medical and surgical departments who are experienced and specialize in these areas. Medical professionals will need to be careful to measure exactly how much light to use to avoid burn damage on the heart and the esophagus. A great deal of fluid loss can occur during the procedure due to the fact that the light is creating a burn inside the body, which can cause the body to lose fluid. Complications also include sensitivity to light and persons who have undergone the procedure must be careful to avoid light for a period of time after the procedure in order to avoid skin burns from developing.”

Any legitimate experimental therapy researched will be reviewed in a process known as clinical trials. It is important for patients to speak to their doctors about any clinical trials, so that a medical expert may determine whether the treatment that is being recommended is a mainstream treatment or whether it is part of a research program. Your doctor will be able to inquire into any experimental therapy and obtain further details about the trial and make recommendations based on your case. Patients should not seek out clinical trials or experimental therapies without speaking to their doctors first.

If you have been diagnosed with mesothelioma, you may have a legal case. Please contact us at (888) 375-7600 or visit our website to learn more about our attorneys and our firm: www.cprlaw.com.

Lawyer Advice – Helpful tips on what to do if you are involved in an auto accident from the attorneys at Cohen, Placitella & Roth:

1. Stop and ensure the accident scene is secure from creating additional accidents
2. Call 911 for the police and request medical assistance if necessary.  (Even if the accident is minor, ensure police are dispatched to the scene for reporting purposes)
3. If safe to do so, take pictures of the accident scene with your camera or mobile phone.
4. Write down the name, address, phone number and insurance company of the driver(s) of the other vehicle(s) and the contact information of any witnesses.
5. Record the make and model of the other vehicle(s), the license number(s), and where any damage occurred.
6. Do not discuss the accident with anyone except the police and an authorized representative of your insurance company.
7. Notify your insurance company.

Note: Never try to move anyone with a neck or back injury unless absolutely necessary to avoid imminent danger such as a fire.

No one expects to get hurt.  But if you do, you need someone who can stand up for you, protect your rights and fight for what is fair.

The attorneys of Cohen, Placitella & Roth have the experience you and your family need.  If you believe you may have a case, or would like to learn more about our practice, please contact us at (888) 375-7600 or visit us on our website of www.cprlaw.com.

Birth Injuries and Children – What You Need to Know

Guest blog about birth injuries and medical malpractice

-Stewart Cohen, Esquire
Cohen, Placitella & Roth

Injuries that are suffered by children at birth are among the most challenging and rewarding cases we handle. It’s a major responsibility. These children are going to have these injuries for the rest of their lives and our responsibility is to find out why this injury occurred, exam extensive medical records, work with the leading experts, determine whether medical negligence in anyway caused this birth injury, and obtain just compensation.  The responsibility of the parents to the child is lifelong. Not every injury that is suffered at birth is the result of medical negligence and a professional investigation is the only way to find the cause.  These cases are a major undertaking, and as an attorney to be involved in this work, it is one of the most satisfying types of cases that we handle.

What can you do if you think your child might have cerebral palsy?

Cerebral palsy cannot be cured, but many of the disabilities it causes can be managed through planning and timely care. Treatment for a child with Cerebral Palsy depends on the severity, nature, and location of the primary muscular symptoms, as well as any associated problems that might be present. Optimal care of a child with mild Cerebral Palsy may involve regular interaction with only a physical therapist and occupational therapist, whereas care for a more severely affected child may include visits to multiple medical specialists throughout life. With proper treatment and an effective plan, most people with Cerebral Palsy can lead productive, happy lives.

To find out who to speak to in your area, you can contact the National Dissemination Center for Children with Disabilities by logging on to www.nichcy.org/states.htm. In addition, the Centers for Disease Control and Prevention (CDC) has links to information for families, and United Cerebral Palsy in Philadelphia , has a wealth of knowledge available on their website as well, from researching funding, your options to file disability or in some cases, you will want to contact an experienced birth injury attorney such as ourselves to uncover your options for filing a lawsuit.

What will your child need?

About half of the people who have cerebral palsy will need to use braces, walkers, wheelchairs, and other assistive devices to help them get around.  People with severe cerebral palsy might need special medical care, educational, social services, and other help throughout their lives from both their families and their communities.  The average lifetime cost associated with cerebral palsy is about $921,000 per person.

Anyone who has been the victim of a birth trauma that has resulted in a cerebral palsy diagnosis, as the result of medical negligence, may be eligible to recover medical, hospital, and other expenses to cover the care of the child. After you seek medical care, the next step is to have your case evaluated by an experienced law firm to investigate the cause.  The law firm of Cohen, Placitella & Roth has decades of experience representing clients in these matters.   We represent each client as an individual, so that you can get the help you need, with a goal of achieving the maximum potential recovery so that you can focus on the care of your child.

When to Contact an Attorney

One of the most important things that patients should consider is when to contact a birth injury attorney. If a patient has a reason to believe that they or their child has suffered injury as a reason of professional negligence, they should immediately contact an attorney. The reason is because every state has a statute of limitations. A statute of limitations is a law that limits the time period within which a party may file a claim. It varies from state to state and in fact, there may be different statutes of limitations that apply to different types of cases. For example, if a child suffers severe injury at birth, there may be a different statute of limitations for the parent than there is for a child. Some states have minor tolling statutes which allow children a longer period of time to file a claim until they become an adult. Some states have very limited statues of limitations even for children. Some states will toll (delay) the running of the statute of limitations until the patient discovers that they have been injured as the result of medical care. That is sometimes referred to as a “Discovery Rule” state. Other states do not have a discovery rule or will define the discovery rule very narrowly.

In short, if you have any reason to believe that you or your child has suffered medical negligence, it is essential that you contact an attorney as soon as possible to discuss the merits of the claim and the statute of limitations. Cohen, Placitella & Roth has been handling medical negligence cases for over 35 years. We have an offices located in Pennsylvania and New Jersey. Our firm has also worked with attorneys across the nation to provide guidance in medical negligence and birth injury cases. Our attorneys are experienced trial attorneys with resources to contact medical experts and determine whether there is a meritorious claim.  The purpose of this litigation, of course, is to seek just compensation for injuries that were suffered as a result of medical negligence.

If you have a question or if you want to find out if you have such a case, you can always feel free to contact the attorneys at Cohen, Placitella & Roth.

What You Need to Know About a Mesothelioma Lawsuit

–Christopher Placitella, Esquire
Cohen, Placitella & Roth

A mesothelioma lawsuit involves those who have been exposed to asbestos during their working life or even at home and many years later developed mesothelioma. The person diagnosed with mesothelioma is then left to figure out when, where or how they were exposed to asbestos, years after the initial asbestos exposure. In many cases, the person who is diagnosed with mesothelioma was exposed to mesothelioma through their work, which means that either the manufacturer, the supplier, the company heads or other corporate entities involved in the health and safety of that individual was at some moment compromised. Not only that but in many cases, the manufacturers and sellers of asbestos containing products made a choice to put profits before the health, safety and well-being of their people or the public.

These are not easy cases; these are hard fought cases in which we must bring experts in all facets in to confront the issue at hand: were they aware that what they were doing was wrong? And through documentation, research, analysis, questioning, time and time again, we uncover where there was a breakdown within that corporate structure, where a decision was handed down that put people in jeopardy and compromised their well being. We, as attorneys, stand before a jury and we tell this story: your story.

We want to know everything about you from where you grew up, to where you worked, who you knew and what your life was before you were diagnosed with mesothelioma. We want the jury to know you as well, so well in fact, that they begin to ask the question themselves, “How did this happen to you?” When a person is harmed due to the unconscionable conduct at times of the manufacturers or suppliers, it is up to your attorney to communicate the truth. And in the end, we ask the jury for justice, and we ask for just compensation for the pain and suffering of the individual or in some circumstances, their family. And we recover for the economic loss, and for things that the family has lost, which they will never be able to recover. We continue to do this because it is the right thing to do, for the person, for their family and for justice.

Cohen, Placitella & Roth is a sponsoring law firm of LegalView. Learn more about Cohen, Placitella & Roth and the deadly side effects of asbestos and mesothelioma at LegalView.com, or call 866-9LAW-NOW (866-952-9669).

What is a crashworthiness case?

–Joel Rosen, Esquire
Cohen, Placitella & Roth

The designer, manufacturer or seller of an automobile, truck, ATV or any other vehicle has an obligation to make its vehicle reasonably safe in a normal, foreseeable accident. This includes accidents that occur on highways at greater speeds. The roof of the vehicle, the vehicle structure, the seat belts and other parts are all supposed to work together to protect the passengers inside. The question in these cases is not necessarily what caused the accident to occur. Unfortunately, auto accidents are common. The question in these types of cases is, did the vehicle reasonably protect the passengers in this accident, whatever caused it to occur? If the seat belts did not work like they should, if the airbags did not function, if the vehicle roof or structure intruded too severely into the passenger space, then there may be a claim that the vehicle was not crashworthy. In that case, the occupant who is injured may have a claim against the manufacturer and seller.

Crashworthiness cases are some of the most complex, difficult cases in the practice of law to build and prove. The evidence must be preserved as soon as possible after the accident. Experts in various fields, including mechanical engineering, biomechanics, and accident reconstruction must be brought together. The attorney must be comfortable with many of the engineering principles involved in these cases and must have knowledge of the law in this challenging field of practice.

These are all extremely hard fought cases. The auto companies hire large corporate firms to defend them. Any law firm that litigates in this area must be prepared to invest a lot of money in order to put together a potentially winning case.

At Cohen, Placitella & Roth, we have the knowledge, experience and resources to put crashworthiness cases together and bring them to a successful conclusion. We have prosecuted cases against major automobile manufacturers from the United States and overseas. We have battled against major corporate defense firms and have recovered millions of dollars for injured clients. We will take your case, all the way through trial if necessary, to recover full value for your injury. We do that because we believe that each and every client deserves someone who will fight for them in court to get them the justice they deserve.

Cohen, Placitella & Roth is a sponsoring law firm of LegalView. Learn more about Cohen, Placitella & Roth, auto accidents, and crashworthiness cases at LegalView.com, or contact 866-9LAW-NOW (866-952-9669)