We tend to think of Johnson & Johnson’s Baby Powder and Shower to Shower products as common and safe household items.  Maybe because that’s what we’ve seen on TV commercials forever!  These products are used to prevent dryness and rashes in a variety of applications.  However, these common household products contain a dangerous substance known as “Talc” or “Talcum Powder” which have been shown to be associated with the development of ovarian cancer when used regularly near a woman’s pelvic region.

Richard Gurfein, of Gurfein Douglas LLP, has been selected to the 2016 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Mr. Gurfein, founding partner of Gurfein Douglas LLP, has been selected by our peers for inclusion in the 23rd Edition of Best Lawyers in America, 2017 for his work in

• Medical Malpractice Law - Plaintiffs
• Product Liability Law - Plaintiffs.

This is the third year in a row Mr. Gurfein has been selected for inclusion in Best Lawyers in America.

from: http://www.litigatorawards.com/

BELLEVUE, WASHINGTON: AUG. 20, 2015 - Gurfein Douglas LLP, a trial law firm located in New York City, New York, was awarded the prestigious 2014 Litigator Award™ for extraordinary achievement within the field(s) of Medical Malpractice, Automobile Accident, Wrongful Death, Premises Liability, Toxic & Enviromental and Brain Injury Litigation.

Justly standing as the nations most coveted symbol of “Litigation Achievement”, this unrivaled annual honor recognizes trial lawyers {firms} who have attained extraordinary litigation achievement within one or more of 72 pre-defined “Practice Specialty” categories. Based strictly on “Verdict and/or Settlement” dollar achievement rather than peer popularity, the Litigator Awards™ are perhaps the most rigorous and openly judged trial law rating. Simply being nominated is to be set among the elite of the profession. Those awarded are generally considered among the finest trial lawyers in the nation.

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1. Definition - Personal injury is a collective term that covers a wide variety of wrongs and damages done to a person, and / or his or hers property, rights or reputation. If you have suffered loss, accident, injury or other misfortune due to other people’s negligence, malpractice, intentional error or someone else's act or failure to act, you might be entitled to compensation and correction. Of course, no amount of money can truly compensate for your injuries and suffering, but a fair settlement can cover medical expenses, lost wages or damage from emotional distress.

   In legal sense, the term personal injury is very comprehensive and covers anything from construction, vehicle, boat, train, bur and slip / trip / fall accidents to medical malpractice, defective drugs and medical devices, toxic exposure and work injuries.
   
   

2. Compensation – Compensation in personal injury cases can cover a variety of expenses occurred due to the negligent action of the defendant (person or legal entity against which a personal injury case has been brought up). These expenses include loss of wages, damage to your property, pain and suffering, disability medical costs (including the future ones), loss of the enjoyment in life, and disfigurement. If the injury results in death, than the settlement should cover funeral costs, loss of financial support, medical costs prior to death, and even loss of companionship.
   
   

3. Majority of personal injury cases are settled before trial – Statistical data has shown that about 95% of personal injury cases are settled prior to trial through negotiations or through a mediation process. A pre-trial settlement can substantially reduce costs that the client would have to cover during litigation.
   
   

4. Statutes of Limitation – This is one of the most crucial elements of any lawsuit. In terms of personal injury cases, the general statutes of limitation in the State of New York is three years since the date of the personal injury. There are exceptions to this rule. For example, if you are filing a notice of claim that involves NY City authorities, than the statute of limitation is only 90 days. For wrongful death cases, this deadline is two years since the date of death while in the case of medical malpractice, the statue of limitations stands at two years and six months.
   
   

5. Collect evidence / Find witnesses – In order to increase the chances of winning your personal injury case and obtaining the best possible settlement, you will need to clearly establish and prove that the defendant has harmed you. Write down in detail the sequence of events that lead to the injury while taking all circumstances and details into account (time of the day, weather, presence of witnesses etc.). Photograph the scene of the accident and your injuries from different angles. Get medical treatment for your injury as soon as possible. Medical treatment should be provided only by a traditional MP (avoid chiropractors, homeopaths, alternative medical practitioners). Ask for copies of all relevant medical files. Look for witnesses who were nearby at the time of your accident. Write down their full name, address and telephone number and ask them if they would be willing to testify at a later stage.

1 - Definition - Mass tort is a civil action involving a number of plaintiffs who are suing one or more legal persons (companies). This civil litigation can take place in state and federal courts. The person(s) who commits the tort (the defendant) is held legally responsible for damage or injury done to the victim(s) (the plaintiffs). The typical mass tort case usually involves several plaintiffs and one defendant who has acted irresponsibly and negligently thus causing harm to the plaintiffs.

2 -Two main subcategories - There are two main subcategories of mass torts. ‘Single incident mass tort’ which entails several plaintiffs (victims) suffering injuries from a singular product or service produced or rendered by the defendant (e.g. a pharmaceutical company). ‘Dispersed mass tort’ means that the causes of damage or injury are more diverse and they vary from plaintiff to plaintiff.

3 - No company is protected from mass tort action – Although, filing a mass tort lawsuit against a corporate giant can be incredibly daunting, none of them are exempt from being sued in a mass tort action. Simply put, if their service or product has been proven to cause harm or injury, they should be held responsible. Sometimes, the case doesn’t even have to go to court and the parties can negotiate the settlement without litigation.

4 -Two most frequent mass tort claims - The two most frequent mass tort claims are the following:

• Product claim / consumer product claim – this claim entails many plaintiffs suing a certain company together, and seeking a compensation for damages or injuries they have suffered by the company’s defective or dangerous products.

• Pharmaceutical claims – as you probably know, these kind of legal claims have unfortunately become quite frequent. Often times, drugs that are supposed to improve our health, whether they are prescribed by a medical professional or bought over-the-counter, prove to be harmful, dangerous and even deadly.

5 - Statute of Limitations in the State of New York – Statute of Limitations denotes a period of time within the plaintiff(s) has to file a lawsuit or other civil action. Statute of Limitations differs from state to state but it usually ranges between one to six years.

Mass tort action is a very comprehensive and quite complex area of the law and the attorneys involved in mass tort cases have to be apt at handling several major cases at the same time which again requires substantial legal prowess, as well as financial means. In order to stand a good chance of winning in a mass tort action, you have to have legal representation, preferably an experienced one, well knowledgeable of state laws and able to efficiently deal with all the potential litigation problems while securing satisfactory compensatory damages for mass tort plaintiffs.

ZOFRAN is a prescription drug sold by GlaxoSmithKline for control of vomiting and nausea.  It is intended to be used by people who have had chemotherapy and radiation that makes them sick.  When a drug has a specific purpose, it is listed in the company's information sheet under "INDICATIONS".  Zofran is "indicated" for nausea in cancer patients.

GlaxoSmithKline has also been promoting Zofran to doctors for pregnant women who are experiencing morning sickness.  Morning sickness is NOT listed in the "indications" part of GlanxoSmithKline's information sheet, so its use for pregnant women is called "OFF LABEL".  GlaxoSmithKline's sales people actively promote this "OFF LABEL" use to doctors.

There are studies which show that pregnant women who take Zofran are twice as likely to have children with birth defects such as cleft palates and heart defects.  If you took Zoran during pregnancy and your child was born with a birth defect, call us, fill in our response form or click on the chat window to speak to an operator now; we may be able to help.