Rem Jackson Law Offices 1002 Lititz Pike #191 | Lititz, Pennsylvania 17543 | (717) 238-3668 | www.TopPractices.com

Rem Jackson Law Offices

Road To Justice Starts HereThe

Nov

embe

r 20

12

A c c i d e n t s | N u r s i n g H o m e N e g l e c t | I n s u r a n c e

When you read this,

you may want to be

sitting down – pre-

ventable medical

errors kill enough

people to fill four

jumbo jets a week.

Yes, you read that

correctly. Four jumbo

jets worth of innocent

victims who lost their lives due to medical mis-

takes that could have been prevented with due

care.

The shocking statistics do not end there.

Surgeons operate on the wrong body part as

often as 40 times a week. About 25 percent of

all hospitalized patients will suffer a harm due

to a preventable medical error of some kind.

Get this - if medical errors were a disease, they

would be the sixth leading cause of death in

America, according to the Wall Street Journal.

These statistics are surprising, disturbing, and a

clarion call for dramatic reforms. I wish people

who are so gung ho about

tort reform would allocate

a portion of their passion

to advocating for change in

medical care processes so

we can avoid deadly pre-

ventable errors.

The Wall Street Journal

article which put a spotlight

on this issue mentioned some promising ideas

such as using online dashboards that would

show a hospital’s annual volume for each type

of surgery and patient scores, engendering a

culture of putting safety first in the ER and

operating room, and using digital note software

like Open Notes.

Unfortunately, many doctors and surgeons stick

to routines and traditions that may feel comfort-

able, but could be contributing to the danger-

ous culture where preventable errors are more

likely to occur. All of us need to come together

to demand change in the hospitals so we can

reduce the startlingly high percentage of avoid-

able deadly medical mistakes. ■

preventable medical errors ARE A MAJOR PROBLEM

by Shapiro, Lewis & Appleton Law Firm

SHAPIRO, LEWIS & APPLETON, P.C. 1294 Diamond Springs Rd. | Virginia Beach, VA 23455 | 800-752-0042 | www.HSInjurylaw.com

SHAPIRO, LEWIS & APPLETON, P.C.

ALL WE DO IS INJURY LAWD

ecem

ber

2012

H S I n j u r y l a w . c o m To l l F r e e : 1 - 8 0 0 - 7 5 2 - 0 0 4 2what’s inside

We’re Social!

http://on.fb.me/hsinjurylaw

page 2

Mesothelioma symptoms

page 3

Three common brain injury side effects

page 4

Dangerous drugs & devices: Claims we are evaluating

www.TopPractices.com | November 2012 | 32 | November 2012 | www.TopPractices.com

mesothelioma symptoms –LEARN HOW YOU OR YOUR LOVED ONE MAY HAVE

MESOTHELIOMA AND NOT EVEN KNOW IT

by Richard N. ShapiroOne of the most common arguments used by railroad defense lawyers for

CSX, Norfolk Southern, etc. is that railroad workers who have already

retired or left the railroad many years ago are either (a) simply seeking to

cash in on a cancer claim or (b) since it’s been so long, they probably got

mesothelioma by exposure elsewhere. Both arguments are pretty ridiculous.

The fact is that most railroad workers do not develop mesothelioma sud-

denly after being exposed to asbestos. The “latency period” (delay time)

from exposure to mesothelioma cancer can be as long as 30-60 years. The

toxic danger is horrendous since even minor exposure can lead to this

terminal cancer. Unfortunately, the development of mesothelioma due to

asbestos exposure is innocuous. The toxic fibers get lodged in your lungs

and can remain there for years, slowly developing into the deadly cancer.

Studies have shown that mesothelioma has usually progressed to a later

stage in the disease before people notice any significant symptoms, espe-

cially symptoms that would signal to the worker that they needed to see the

doctor. Furthermore, the typical symptoms could be associated to a myriad

of illnesses. For example, the most common initial symptoms of the disease

are shortness of breath and chest pain.

As the cancer progresses, other symptoms that can develop include

increased shortness of breath, sudden weight loss, decreased appetite, night

sweats, sudden voice change caused by local invasion of the tumor, and a

loss of diaphragm function.

If you or a loved one suffered these symptoms, were diagnosed with mesothelioma, lung cancer, or any other cancer, and believe

the deadly cancer was caused by asbestos exposure, do not hesitate in taking action against the railroad. It is understandably

intimidating to think about taking on a big railroad, but it is important not only for you and your loved ones, but also for other

railroaders who have been, or will be, struggling with this life-threatening cancer. The more railroad workers who take action, the

more likely a significant spotlight will be placed on asbestos-related mesothelioma. ■

Connect with me

Recognized in “Best Lawyers in America” Publication (‘13 Ed. Railroad Law) – Car Accidents, Truck Wrecks, FELA

The toxic fibers get lodged in your lungs

and can remain there for years, slowly

developing into the deadly cancer.

www.TopPractices.com | November 2012 | 32 | November 2012 | www.TopPractices.com

mesothelioma symptoms –LEARN HOW YOU OR YOUR LOVED ONE MAY HAVE

MESOTHELIOMA AND NOT EVEN KNOW IT

by Richard N. Shapiro

Dec

embe

r 20

12 I

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rtan

t Dat

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Dec

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ay

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– W

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egin

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A traumatic brain injury (TBI) is usually accompanied by a whole host of side effects that could potentially affect a victim’s quality of life and what tasks they can perform. But it’s important to understand that there are vary-ing levels of brain damage that can occur after a closed head injury.

For instance, there is a “mild” traumatic brain injury, such as a concus-sion, which may only result in persistent headaches. In more serious cases, a person may suffer a severe traumatic brain injury where the victim could potentially fall into a coma or lose certain motor functions like speech or hand/leg movement. The level of trauma inflicted on your brain is usually determined after a doctor conducts an MRI and CT scan. In addition, you’ll probably be seen by a neuropsychologist to examine the extent of your in-jury and what side affects you may suffer as result of the TBI.

The remainder of this article examines the side effects associated with the “middle ground” where a person has suffered a TBI, but are not in such a state that they are at risk of slipping into a coma. The side effects below are quite common and can be debilitating for people:

1. Sleep disturbancesMany TBI victims report having trouble falling asleep or only getting a

few hours of sleep each night. This can be extremely frustrating for some TBI victims since, prior to their injury, they may have been able to sleep through a thunderstorm and now they wake up the moment a pin needle drops. To make matters worse, the lack of sleep can make other head injury side effects worse since sleep plays an important role in physical healing.

2. Difficulty thinkingCognitive difficulties are quite common with TBI victims, according

to the American Speech-Language-Hearing Association. Cognition (i.e. thinking skills) include awareness of your surroundings, memory, problem solving, and executive functioning such as goal setting, self-awareness and evaluation). These are some of the most common cognitive difficulties that TBI victims have to grapple with:• Inability to concentrate when there are distractions. For example, you

can’t complete a task because someone is carrying on a conversation near you or you can’t work on multiple tasks at once.

• Difficulty in “taking in” and processing new information. Longer mes-sages may have to be “chunked,” or broken down into smaller pieces. Friends, family and co-workers may even be forced to slow down their rate of speech.

• Trouble starting tasks and setting goals to complete those tasks. TBI vic-tims can seem disorganized and need the assistance of others.

3. IrritabilityThis side effect is usually an off-shoot of the first two side effects.

Obviously, if you slept like a baby and had a great memory before your ac-cident and now these routine tasks are major challenges, it can make you irritable and angry. It is also frustrating to notice others around you possibly treating you differently. It is important to know that when someone suffers a

TBI, it doesn’t just affect them, it effects friends, fam-ily, and their work colleagues. Again, this goes back to the subtle changes that a person may suffer from after an accident that led to their TBI. There is a realization that they may never be the same and people have to cope with that.

Learn Your Legal OptionsIf you or a loved one suffered a head injury in an

accident that was caused by the carelessness of another person or company, you should consider speaking with a brain injury attorney. Why? Because, as mentioned above, your life could be irrevocably altered because of your injury. The cognitive difficulties may affect your work to a point that you may need to change professions, or even stop working altogether. The at-fault individual or company who caused your accident should be held accountable for their negligent actions.

Our firm understands the serious ramifications of a TBI. For example, we represented a young girl who suffered a brain injury in an accident where a big rig rear-ended the vehicle the child was riding in. Unfortunately, due to the sheer tonnage of a tractor trailer, the occupants of a compact car hit by a big rig routinely suffer serious injuries, including brain dam-age. Doctors examined the girl after the accident and determined that areas of her brain injured in the wreck were developing encephalomalacia, also known as cell death.

To assess the extent of her brain injuries and help plan her recovery and treatment, we referred the girl to a neuropsychiatrist for an evaluation. Following the evaluation, the neuropsychiatrist warned that as a result of the injuries, the young girl may develop prob-lems with disinhibition, impulse and aggression control as she matures. The frontal lobes of the brain control what is known as “executive function.” He recommended we plan to provide educational assistance, tutors, counseling and other external structure as our client ages to help her if these problems arising from brain injury develop in the future.

We recognized the severity of her injury and made sure that she was ex-amined by a variety of specialists in order to flesh out just how extensive her TBI was. Our firm is comfortable working with radiologists (who conduct the MRI and CT scans), neuropsychologists ( they perform a battery of tests), rehabilitation doctors and therapists, and life care planners in deter-mining the extent of the damage caused by the victim’s injury.

After extensive negotiations with the defense, we were able to secure a $21 million structured settlement so she would have the resources necessary to receive a life-time of care. ■

three common BRAIN INJURY SIDE EFFECTS

Rick Shapiro, Jim Lewis and Randy Appleton were all named to

the "Best Lawyers in America" publication for the 2013 edition.

Also, the firm was named a

"Best Law Firm" by U.S. News & World Report for 2013.

www.HSInjurylaw.com | December 2012 | 32 | December 2012 | www.HSInjurylaw.com

www.TopPractices.com | November 2012 | 32 | November 2012 | www.TopPractices.com

mesothelioma symptoms –LEARN HOW YOU OR YOUR LOVED ONE MAY HAVE

MESOTHELIOMA AND NOT EVEN KNOW IT

by Richard N. ShapiroOne of the most common arguments used by railroad defense lawyers for

CSX, Norfolk Southern, etc. is that railroad workers who have already

retired or left the railroad many years ago are either (a) simply seeking to

cash in on a cancer claim or (b) since it’s been so long, they probably got

mesothelioma by exposure elsewhere. Both arguments are pretty ridiculous.

The fact is that most railroad workers do not develop mesothelioma sud-

denly after being exposed to asbestos. The “latency period” (delay time)

from exposure to mesothelioma cancer can be as long as 30-60 years. The

toxic danger is horrendous since even minor exposure can lead to this

terminal cancer. Unfortunately, the development of mesothelioma due to

asbestos exposure is innocuous. The toxic fibers get lodged in your lungs

and can remain there for years, slowly developing into the deadly cancer.

Studies have shown that mesothelioma has usually progressed to a later

stage in the disease before people notice any significant symptoms, espe-

cially symptoms that would signal to the worker that they needed to see the

doctor. Furthermore, the typical symptoms could be associated to a myriad

of illnesses. For example, the most common initial symptoms of the disease

are shortness of breath and chest pain.

As the cancer progresses, other symptoms that can develop include

increased shortness of breath, sudden weight loss, decreased appetite, night

sweats, sudden voice change caused by local invasion of the tumor, and a

loss of diaphragm function.

If you or a loved one suffered these symptoms, were diagnosed with mesothelioma, lung cancer, or any other cancer, and believe

the deadly cancer was caused by asbestos exposure, do not hesitate in taking action against the railroad. It is understandably

intimidating to think about taking on a big railroad, but it is important not only for you and your loved ones, but also for other

railroaders who have been, or will be, struggling with this life-threatening cancer. The more railroad workers who take action, the

more likely a significant spotlight will be placed on asbestos-related mesothelioma. ■

Connect with me

Recognized in “Best Lawyers in America” Publication (‘13 Ed. Railroad Law) – Car Accidents, Truck Wrecks, FELA

The toxic fibers get lodged in your lungs

and can remain there for years, slowly

developing into the deadly cancer.

www.TopPractices.com | November 2012 | 32 | November 2012 | www.TopPractices.com

mesothelioma symptoms –LEARN HOW YOU OR YOUR LOVED ONE MAY HAVE

MESOTHELIOMA AND NOT EVEN KNOW IT

by Richard N. Shapiro

Dec

embe

r 20

12 I

mpo

rtan

t Dat

es

Dec

emb

er 7

– P

earl

Har

bo

r D

ay

Dec

emb

er 9

– H

anu

kkah

beg

ins

(at

sun

do

wn

the

nig

ht

bef

ore

)

D

ecem

ber

22

– W

inte

r b

egin

s

D

ecem

ber

25

– C

hri

stm

as D

ay

Dec

emb

er 2

6 –

Kw

anza

a b

egin

s

D

ecem

ber

31

– N

ew Y

ear’

s Ev

e

A traumatic brain injury (TBI) is usually accompanied by a whole host of side effects that could potentially affect a victim’s quality of life and what tasks they can perform. But it’s important to understand that there are vary-ing levels of brain damage that can occur after a closed head injury.

For instance, there is a “mild” traumatic brain injury, such as a concus-sion, which may only result in persistent headaches. In more serious cases, a person may suffer a severe traumatic brain injury where the victim could potentially fall into a coma or lose certain motor functions like speech or hand/leg movement. The level of trauma inflicted on your brain is usually determined after a doctor conducts an MRI and CT scan. In addition, you’ll probably be seen by a neuropsychologist to examine the extent of your in-jury and what side affects you may suffer as result of the TBI.

The remainder of this article examines the side effects associated with the “middle ground” where a person has suffered a TBI, but are not in such a state that they are at risk of slipping into a coma. The side effects below are quite common and can be debilitating for people:

1. Sleep disturbancesMany TBI victims report having trouble falling asleep or only getting a

few hours of sleep each night. This can be extremely frustrating for some TBI victims since, prior to their injury, they may have been able to sleep through a thunderstorm and now they wake up the moment a pin needle drops. To make matters worse, the lack of sleep can make other head injury side effects worse since sleep plays an important role in physical healing.

2. Difficulty thinkingCognitive difficulties are quite common with TBI victims, according

to the American Speech-Language-Hearing Association. Cognition (i.e. thinking skills) include awareness of your surroundings, memory, problem solving, and executive functioning such as goal setting, self-awareness and evaluation). These are some of the most common cognitive difficulties that TBI victims have to grapple with:• Inability to concentrate when there are distractions. For example, you

can’t complete a task because someone is carrying on a conversation near you or you can’t work on multiple tasks at once.

• Difficulty in “taking in” and processing new information. Longer mes-sages may have to be “chunked,” or broken down into smaller pieces. Friends, family and co-workers may even be forced to slow down their rate of speech.

• Trouble starting tasks and setting goals to complete those tasks. TBI vic-tims can seem disorganized and need the assistance of others.

3. IrritabilityThis side effect is usually an off-shoot of the first two side effects.

Obviously, if you slept like a baby and had a great memory before your ac-cident and now these routine tasks are major challenges, it can make you irritable and angry. It is also frustrating to notice others around you possibly treating you differently. It is important to know that when someone suffers a

TBI, it doesn’t just affect them, it effects friends, fam-ily, and their work colleagues. Again, this goes back to the subtle changes that a person may suffer from after an accident that led to their TBI. There is a realization that they may never be the same and people have to cope with that.

Learn Your Legal OptionsIf you or a loved one suffered a head injury in an

accident that was caused by the carelessness of another person or company, you should consider speaking with a brain injury attorney. Why? Because, as mentioned above, your life could be irrevocably altered because of your injury. The cognitive difficulties may affect your work to a point that you may need to change professions, or even stop working altogether. The at-fault individual or company who caused your accident should be held accountable for their negligent actions.

Our firm understands the serious ramifications of a TBI. For example, we represented a young girl who suffered a brain injury in an accident where a big rig rear-ended the vehicle the child was riding in. Unfortunately, due to the sheer tonnage of a tractor trailer, the occupants of a compact car hit by a big rig routinely suffer serious injuries, including brain dam-age. Doctors examined the girl after the accident and determined that areas of her brain injured in the wreck were developing encephalomalacia, also known as cell death.

To assess the extent of her brain injuries and help plan her recovery and treatment, we referred the girl to a neuropsychiatrist for an evaluation. Following the evaluation, the neuropsychiatrist warned that as a result of the injuries, the young girl may develop prob-lems with disinhibition, impulse and aggression control as she matures. The frontal lobes of the brain control what is known as “executive function.” He recommended we plan to provide educational assistance, tutors, counseling and other external structure as our client ages to help her if these problems arising from brain injury develop in the future.

We recognized the severity of her injury and made sure that she was ex-amined by a variety of specialists in order to flesh out just how extensive her TBI was. Our firm is comfortable working with radiologists (who conduct the MRI and CT scans), neuropsychologists ( they perform a battery of tests), rehabilitation doctors and therapists, and life care planners in deter-mining the extent of the damage caused by the victim’s injury.

After extensive negotiations with the defense, we were able to secure a $21 million structured settlement so she would have the resources necessary to receive a life-time of care. ■

three common BRAIN INJURY SIDE EFFECTS

Rick Shapiro, Jim Lewis and Randy Appleton were all named to

the "Best Lawyers in America" publication for the 2013 edition.

Also, the firm was named a

"Best Law Firm" by U.S. News & World Report for 2013.

www.HSInjurylaw.com | December 2012 | 32 | December 2012 | www.HSInjurylaw.com

We are working on the following dangerous drug and device cases. Please review the chart to determine if you or someone you know has a case with which we can assist. Our firm prides itself on personal service to our valued clients. We evaluate and accept these cases on a contingent fee with no upfront costs. ■

dangerous drugs and devices

Rem Jackson Law Offices 1002 Lititz Pike #191

Lititz, Pennsylvania 17543

(717) 238-3668

www.TopPractices.com

This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied and distributed as long as the newsletter is copied in its entirety.

V i s i t u s a t www . To p P r a c t i c e s . c o m

SEE PAGE ONE

preventable medical errors

ARE A MAJOR PROBLEM

Drug or Product Name Conditions Prescribed For Injuries Alleged from Defective Drug/Device Screening Criteria

Contaminated Epidural steroid injections

Back and various joint pain.Fungal meningitis, stroke, central nervous system-related infection, peripheral joint infection

Diagnosis or symptoms of fungal meningitis or central nervous system infection following injection.

DePuy Metal on Metal Impants (ASR) Total Hip Replacement

Device is loose and causes metal poisoning, requiring revision surgery

Any revision or non-revision case that involves an ASR product.

Stryker (Rejuvenate and ABG II) Neck Stems

Hip ReplacementCorrosion, tissue damages, pain, swelling, need for revision, bone loss

Evidence that Stryker Rejuvenate or ABG II neck stem failed or caused injury.

NuvaRing Birth Control Contraception, regulation of menstrual cycle

Blood clots, deep vein thrombosis, pulmonary embolisms, strokes

Event occurred during established use of NuvaRing.

SHAPIRO, LEWIS & APPLETON, P.C. All We Do is Injury Law

1294 Diamond Springs Road

Virginia Beach, VA 23455-3701

1-800-752-0042

Fax: 757-460-3428

V i s i t u s a t www . H S I n j u r y l a w . c om