Spring 2019G-LAW

The Personal Injury Edition

Car InsuranceWhat to tell your kids.

Auto AccidentsTen steps to follow after a car accident.

Sexual AssaultAre you safe get-ting a massage?

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1 G-LAW • Spring 2019 www.goldenberglaw.com

Message From Stuart GoldenbergHow to Talk to Your Children About Car InsuranceYesterday, one of my daughters leased a new car. She was so excited, until I started talking about insurance. I realized that despite working with insurance almost daily, I had never taken the time to fully explain a car insurance policy to her. Insurance may be complicated and boring, but it’s important to understand.General Rules of Car Insurance• Insurance protects yourself, your assets, your car, and the people you love.• An insurance policy is just a bunch of promises to pay if certain events hap-

pen in the future.• A car insurance policy is divided in coverages that determine what will be

paid and when. Think of it as a pie divided into slices.• Each insurance policy has a declaration sheet (dec sheet) that summarizes

the coverages and the amounts (policy limits) that each coverage will pay.Types of Coverages• Liability Coverage: This will cover other people that you might injure with

your car. It also covers their car repairs.• Collision Coverage: This pays for your car after a collision.• Comprehensive Coverage: This pays for your car repair after other events

like hail, vandalism, theft, or hitting an animal.• Uninsured Motorist Coverage (UM): This pays for your personal injury dam-

ages if someone who is at fault for the collision does not have insurance.• Underinsured Motorist Coverage (UIM): Similar to UM, but the person at

fault for the collision does not have enough insurance.• Personal Injury Protection Coverage (PIP): Some states, like Minnesota, are

“no fault” states that require you to insure yourself for medical and wage loss.How Much Insurance Coverage Do You Need? This really depends on your income level. But, always insure for the worst sce-nario. You should take the highest deductible you can afford. You may be able to afford a low deductible, but what if you’re involved in a collision where, God forbid, a person became a quadriplegic? You could lose everything or have to declare bankruptcy because you don’t have the right amount of coverage. I always recommend to have at least $100,000 in liability and UM/UIM coverage. If you can afford it, then purchase $250,000 in liability and UM/UIM coverage plus a one-million-dollar umbrella policy. Remember, you are protecting others and yourself.Car insurance may be expensive (and boring), but understanding it and buying the right coverages could be the difference between prosperity and bankrupt-cy. That’s what I told my daughter; I hope she never needs to use it.

2 G-LAW • Spring 2019 www.goldenberglaw.com

AbilifyAn antipsychotic medication approved for the treatment of schizophrenia, bipolar disorder, and depression - linked to compulsive gambling behaviors.

Knee ReplacementsModels include DePuy Attune and Zimmer Persona - linked to loosening, instability, severe pain, and the need for revision surgery.

Hernia MeshA mesh implanted to strengthen mus-cles near a hernia - linked to migration, hernia recurrence, removal surgery, bowel obstruc-tions, and punctured organs.

Medtronic Paradigm PumpAn insulin pump - linked to defects resulting in over- or under-delivery of insulin, serious illness, and/or death.

NeocateA baby formula for children with milk and other food allergies - linked to serious bone disorders, low phosphate levels, rickets, and spontaneous fractures.

Bair HuggerA warming blanket used during sur-geries that can spread contaminated air over open wounds - linked to deep joint infections and the need for revision surgery.

Inferior Vena Cava FilterBlood clot filters placed in the large vein leading to the heart - shown to migrate or fracture and can puncture parts of the vein or other internal organs.

Hip ReplacementsModels include DePuy ASR, DePuy Pin-nacle, Zimmer Durom Cup, and others - linked to loosening, pain, high metal levels in blood, and the need for revision surgery.

Talcum Powder/Baby PowderTalc-based powder used for many purposes - linked to ovarian cancer and mesothelioma.

TasignaAn oral chemotherapy treatment for Philadelphia chromosome-positive myeloid leukemia - linked to ahterosclerosis, amputation, stroke, and death.

“Sartan” MedicationsValsartan, irbesartan, and losartan were contaminated with NDMA, NDEA, and NMBA - linked to liver, kidney, pancreatic, colorectal, and stom-ach cancer.

Traumatic Brain InjuryA violent blow to the head caused by a car accident, fall or sports injury, or defective product - can cause serious long-term damage to the brain.

Current Litigations

3 G-LAW • Spring 2019 www.goldenberglaw.com

Auto Accidents in MinnesotaBeing involved in an automobile accident can be a very scary experience. In addition to facing personal injuries and property damage, there are often au-thorities, insurance companies, and at-fault drivers to deal with as well. There are always a few things to keep in mind when involved in an auto accident:1. Be sure to stop if you are involved in an accident. No matter how minor, do

not drive away from the scene of an accident without stopping to address the matter appropriately first.

2. Call the police. It is important to involve the authorities. The police will eval-uate the accident, take statements, and write a police report that will later be available to you and others involved.

3. Be honest and accurate. The police may have questions for you about what happened. It is important to make an accurate record by being honest and accurate to the best of your ability. If there is something you don’t know, indicate that rather than trying to guess.

4. Be visible. If it is nighttime or visibil-ity to other drivers is a concern, do all you can to make your location and presence known to passing traffic to avoid anyone else hitting your vehicle. Turn on your vehi-cle lights, place flares if you have them, or use a flashlight.

5. Take photos. If you or someone you trust is able to do so, take photos of your vehicle and the other vehicles involved, specifically focusing on any vehicle damage and license plates. This documentation could help later if there is ever a dispute as to the level of damage or impact. If it is possible given the circumstances, take photos of your injuries as well.

6. Exchange auto insurance information with the other driver.7. Seek medical attention. If you feel you may need medical attention, get it,

right away. Then follow your doctor’s orders.8. Call your auto insurance carrier to report this incident. They will likely have

several questions for you about what happened. They may at some point ask to take a recorded statement. In many states, you are allowed to de-cline having your statement recorded.

9. Keep documents related to the incident in one place. Create a file or an electronic record to keep track of documents related to the accident.

10. Consider your legal rights. Consult an attorney as soon as possible if you are injured. An attorney could assist in helping you understand your rights.

4 G-LAW • Spring 2019 www.goldenberglaw.com

Client Interview: My Auto AccidentWalk us through the day of your accident. What happened?My husband was driving, and I was the passenger. We went through an inter-section on a green light. The car to our right was a little bit ahead of us, and suddenly, another car blasted through the intersection running a red light. They hit the car next to us with enough force that it hit the right front bender of our car almost taking the front end of the car clear off. Right after the accident, I got out of the car and tried to call 9-1-1, but I was shaking so hard that I wasn’t able to. I was taken to the hospital because I knew my ribs, neck, and back were injured, but I didn’t know to what degree. I was in so much pain. I compare it to childbirth because it was very intense pain.What were your injuries? What treatments did you receive?At the hospital, I got an X-ray done of my ribs, but nothing was broken. Even months after the accident, I was still in so much pain. I had to see an Osteopath for my injured ribs and went to physical therapy for my back. I found out that I had a pinched nerve in my left arm, and I wasn’t able to use my arm at all. I had a surgical spine surgery to release the nerve. The surgery revealed that I had osteoperosis, and so I had to get a cervical discectomy and fusion. After the surgery, I was able to use my arm again, but I was still in so much pain.What are the lasting effects of your injuries?There are things I can’t do anymore. I can only lift two- and three-pound weights at the gym. I don’t carry groceries, lift laundry baskets, can’t do yard-work or housework. It’s been difficult because I’ve always been such an active person, and these injuries have affected me for the rest of my life.When did you decide to call GoldenbergLaw?About six months after the surgery, I was still in so much pain and I thought, ‘this is ridiculous. I’m in so much pain, and this is not going to go away. I need money to help pay for all of the treatments I’m receiving.’ So I decided to call GoldenbergLaw to represent me. They had represented me before, and I had such a great experience with them both times. What really impressed me about Stuart was how he was so gentle and never made me feel stupid for being upset about the accident and my injuries. Marlene was also marvelous. They all worked so hard on my case to get me the compensation I needed.What would you tell someone after being injured in an auto accident?If you’re hurt and suffering, know that these injuries don’t always go away. And they kind of add up in your psyche. Don’t hesitate to call a lawyer. Don’t feel stupid. I will always be glad that I called GoldenbergLaw to represent me in my auto case. That money has been a lifesaver with all of the treatments I’ve had.

5 G-LAW • Spring 2019 www.goldenberglaw.com

Are You Safe Getting a Massage?When an individual goes in for a massage, there are a number of expecta-tions they may have. Some may expect to be relaxed. Some may expect to be healed. Some may expect to be rejuvenated. But all expect to be safe. Sadly, recent lawsuits against Massage Envy and its employees have demonstrated that expectation is frequently not met.Claims Against Massage EnvyHundreds of women have recently come forward claiming they were sexually assaulted by massage therapists at Massage Envy locations across the country. In a disturbing number of these cases, women reported the assaults to Mas-sage Envy but were met with inaction and a lack of support. In those instanc-es, the company did nothing to investigate, take remedial action, or prevent assaults from happening again. This inaction often followed earlier failings by Massage Envy to conduct proper background screening that may very well have prevented the perpetrators from ever interacting with their clients in the first place. Such reckless disregard by the company for the safety of its clients is especially stark in light of the fact that, in many of the reported situations, multiple women were sexually assaulted by the same massage therapist. Given Massage Envy’s conduct, many of these survivors have brought civil lawsuits against the company, as well as the massage therapists who committed the assaults, in order to obtain some measure of justice.GoldenbergLaw Can HelpSexual assault is devastating and can, among other things, create feelings of guilt, shame, and hopelessness, cause withdrawal from loved ones, and impact education and employment. While no amount of compensation can make you whole after experiencing a sexual assault, the ability to put some aspects of your life back together through an award of compensation for the pain and suf-fering you have endured as well as the actual expenses incurred, such as med-ical and mental health treatment, moving costs, lost wages, or tuition, could be a positive step in your healing process. Plus, pursuing lawsuits against entities like Massage Envy for enabling sexual assault perpetrators can help change corporate behavior and prevent future sexual assaults in similar contexts.We understand that pursuing a civil lawsuit on the basis of sexual assault can be difficult and traumatic. And it is for just that reason that we want to work with survivors of sexual assault to understand their civil litigation options and the im-pact of whatever choice feels right to each individual survivor. If you’ve suffered a sexual assault at a Massage Envy or similar business entity, please reach out to us to discuss your options and their potential impact on your life. Whatever your eventual decision may be, we would be honored to speak with you and advise you of your options.

6 G-LAW • Spring 2019 www.goldenberglaw.com

Get to Know Elena ModlElena is a Legal Assistant at GoldenbergLaw. She has focused on IVC filters, Testosterone therapy, and GranuFlo cases.What’s a hidden talent you have?I can scream on pitch. Some of my vocals/screams were used as audio for a set of commercials for the Mall of America’s indoor amusement park.

What’s on your bucket list?Whale watching! I’m terrified of the ocean, but I’d really like to see a whale.

What are you passionate about?Camp Kesem! Camp Kesem is a nonprofit organization dedicated to supporting children through and beyond a parent’s cancer. I was involved at the University of Minnesota as a fundraising coordinator and camp counselor, and I still do what I can to volunteer now. Some recent highlights would include representing Camp Kesem at Superbowl LII and recording a radio spot to promote its mission for iHeart Media this past winter.

Partner Laura Pittner Appointed to PSC for Zimmer M/L TaperGoldenbergLaw Partner Laura Pittner has been appointed to the Plaintiffs’ Steering Committee (PSC) in the Zimmer M/L Taper hip Multidistrict Litigation (MDL). This occurred on December 14, 2018, by the Hon. Jesse M. Furman,

United States District Judge for the Southern District of New York.Laura has extensive experience in hip device litigations and has led GoldenbergLaw’s defective hip practice in the Depuy ASR, Depuy Pinnacle, Biomet M2A, Wright Profe-mur, Conserve and Dynasty Hip Systems, Zimmer Durom Cup, Smith & Nephew Birmingham Hip, Stryker Rejuvenate, and Stryker LFIT V40 cases. Her leadership has resulted in millions of dollars of settlements recovered for our clients.Congratulations, Laura!

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