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Many of the groundbreaking cases we have successfully resolved
started small; often with just one person coming to us for
help. As a result of our extensive work in these and other
cases, we have developed a large network of research resources
and experts that we can draw upon to investigate new litigation.
The courts have consistently affirmed the quality and breadth
of our work, assigning us to committees for mass litigations
including Silicone Breast Implants and Sulzer Hip
Implants.
We are constantly investigating potential product liability
and other cases. If you think you or a loved one have a
potential case, please contact us online
or email us at general@hershlaw.com.
We will be happy to investigate and advise you regarding
the potential merits of a lawsuit.
Products Liability
Lead Paint Poisoning
Although the seriously debilitating effects of lead
poisoning on children have been known for centuries,
the U.S. lead paint industry fought against a lead paint
ban until 1978 when Congress passed a ban on residential
purpose paint in excess of 0.06% lead. However, France instituted
a ban on the use of lead containing paints for toys, children's
furniture and interior work by 1917. Other countries in
Europe followed France's example in the early part of the
century.
Lead is a toxic metal that can interfere with development
of the central nervous system and can be detected in blood
and bones. Severe lead poisoning, which can cause seizures
and even death, sometimes can be treated with medication,
but more subtle declines in mental functioning linked
to lead are potentially permanent.
Researchers have concluded that the harmful effects of
lead are seen with the lowest detectable blood lead levels
in children and estimate that 12.8 million U.S. children
born between 1972 and 1988 have blood lead levels in excess
of 2.5 micrograms and are adversely affected by this exposure.
Potential defendants in these cases include landlords who
have failed to adequately maintain their premises to keep
children from exposure to lead paint and the manufacturers
of the lead paint themselves.
If you suspect that a loved one has or is suffering from
the effects of lead exposure, please contact us online
or email us at general@hershlaw.com.
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"Sick Buildings" & Toxic Molds
Hersh & Hersh is currently litigating a case on behalf of a tenant
who became sick from exposure to toxic mold growing in his apartment.
Toxic mold can grow in a wet and damp environment and can cause long term
respiratory problems. "Sick buildings" have been the subject of increasing
litigation.
If you suspect that you are living or working in an environment that
is making you sick, please contact us online
or email us at general@hershlaw.com.
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Tire Tread Separation Problems
Currently we are investigating cases in which accidents
have occurred as a result of tire tread separation on automobile
and truck tires. If you believe that you have such a
case and would like us to investigate the matter for you,
please contact us online
or email us at general@hershlaw.com.
Tobacco Cases
Hersh & Hersh is involved in representing people or
the families of people who have died as a result of addiction
to cigarettes and/or exposure to second-hand smoke.
We welcome inquiries from people who have suffered serious
injury or the families of people who have died due to cigarettes
and/or second-hand smoke. We will evaluate your case or
potential case and advise you regarding the potential merits
of a lawsuit. Please contact us online
or email us at general@hershlaw.com.
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Other Defective or Dangerous Products
Hersh & Hersh has long been a consumer advocate in
the area of defective or dangerous products. We have been
instrumental in bringing numerous products to manufacturers'
attention and obtaining their removal from the market.
We welcome inquiries from people who believe that they
may have suffered injury or ill effect from such products.
We will evaluate your case or potential case and advise
you regarding the potential merits of a lawsuit. Please contact us online
or email us at general@hershlaw.com.
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Defective Medical Devices or Drugs
Antipsychotic Drugs (Risperdal and others)
Risperdal is an antipsychotic medication
that the FDA has approved for use in the treatment of schizophrenic
symptoms. However, physicians have been swayed to prescribe
this potentially very dangerous drug for the treatment of
many other “off label” symptoms including anxiety and depression.
One of the most severe side effects of Risperdal and other
neuroleptic drugs, such as Prozac, is a disorder
called Tardive Dyskinesia. Tardive Dyskinesia can
be a severely disabling loss of voluntary muscle control.
There is no cure for Tardive Dyskinesia.
In the past, neuroleptics such as Haldol, Navane, Prolixin,
and Thorazine have been shown to have a 4%-8% per year risk
of Tardive Dyskinesia. Currently, there is incomplete data
regarding the risk of Tardive Dyskinesia for modern neuroleptics
like Risperdal. However, consumers should be advised that
all neuroleptic drugs have a significant risk of Tardive
Dyskinesia.
If you have been diagnosed with Tardive Dyskinesia as a
result of a neuroleptic medication such as Risperdal, please
contact us online or email
us at general@hershlaw.com
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Arthritic Drugs (Remicade and Enbrel)
Drugs such as Remicade (Infliximab) and Enbrel
(Etanercept) work in different ways to block tumor necrosis
factor-alpha (TNF-a), which plays an important role in the
inflammatory process of rheumatoid arthritis and Crohn’s
disease. However, blocking the protein also has a suppressive
effect on the immune system, and as such may cause serious
adverse reactions.
These adverse reactions include:
*Tuberculosis (especially outside of the lungs)
*Infections in various parts of the body (sepsis)
*Lymphoma and other cancers
*Neurological diseases (multiple sclerosis and optic neuritis)
*Autoimmune diseases (systemic lupus erythematosus)
*Blood disorders such as aplastic anemia
If you or a family member has experienced any of these
reactions and have taken Remicade or Enbrel and would like
us to investigate the matter for you, please contact us
online or email us at general@hershlaw.com.
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Cholesterol-Fighting Drugs Baycol and Gemfibrozil
In accordance with the FDA, Bayer AG has recalled the cholesterol-fighting
drug Baycol (Cerivastatin). The drug was linked to deaths
and a severe condition called rhabdomyolysis resulting
in muscle pain, weakness, tenderness, fever, and nausea
and vomiting. The problems with Baycol have also been associated
with the use of another drug, Gemfibrozil.
If you, or someone you know, has taken or is currently
taking these drugs, please contact us online
or email us at general@hershlaw.com
for more information.
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Cytotec (or Misoprostal) Used for Inducing Labor
Cytotec (or Misoprostal) is a medication that the
FDA has approved for use in the treatment of ulcers, but
that obstetricians have been using to induce labor in
pregnant women.
However, using Cytotec to induce labor has been linked
to birth injuries and brain damage in infants and
injury and death of the laboring mother.
If you believe that you or a family member have been injured
by Cytotec and would like us to investigate the matter for
you, please contact us online
or email us at general@hershlaw.com.
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Diet Drugs and Supplements (Fen-Phen, Meridia, and
Ephedra)
Hersh & Hersh has developed special expertise in the
area of safety and efficacy of diet drugs, including
Fen-Phen, Meridia, and health food supplements
containing Ephedra.
None of these drugs or dietary supplements is safe or
effective. Fen-Phen has been linked to primary pulmonary
hypertension, a condition that is fatal without a heart/lung
transplant or lifelong medication. Meridia has been linked
to heart attacks and injury, and Ephedra has been linked
to heart attacks and strokes.
If you think you have been injured by any drugs or supplements
that you or a family member have taken for weight loss,
please contact us online
or email us at general@hershlaw.com.
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Other Defective Medical Devices or Drugs
Hersh & Hersh has long been a consumer advocate in
the area of medical devices and drugs causing significant
injury to consumers. We have been instrumental in bringing
numerous products to manufacturers' attention and obtaining
their removal from the market.
We welcome inquiries from people who believe that they
may have suffered injury or ill effect from such products.
We will evaluate your case or potential case and advise
you regarding the potential merits of a lawsuit. Please contact us online
or email us at general@hershlaw.com.
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Professional Liability & Malpractice
Chorionic Villus Sampling (CVS)
Chorionic Villus Sampling (CVS) is a means of testing a
pregnant woman to determine if the fetus may be born with
a birth defect, such as Downs Syndrome. It is an alternative
to amniocentesis. Both CVS and amniocentesis carry a
small risk of miscarriage, but the risk is about three to
four times higher with CVS. In addition, CVS has a risk
of a limb reduction defect (about one in 3000) that
is not present with amniocentesis. CVS is usually done after
the 10th week of gestation and amniocentesis is normally
not done until the 15th week of gestation.
Some medical centers performing CVS are reluctant to
discuss the chance of limb defect with prospective patients.
Their reason is that they do not believe the literature
and therefore do not feel any obligation to discuss it with
the patient. Hersh & Hersh believes this is wrong; the
patient is entitled to all information so that she and her
husband can make an informed decision. We have successfully
represented a woman who was not given full information and
whose child suffered a limb reduction defect.
If your infant has suffered a limb reduction defect as
a result of Chorionic Villus Sampling (CVS), please contact us online
or email us at general@hershlaw.com.
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Infant Brain Injuries from Obstetrical Negligence
Hersh & Hersh is currently handling numerous cases
on behalf of parents and their children who suffered
injuries during labor and delivery. While labor and
delivery of a child can be routine, the process, if mismanaged
by the medical providers, can cause brain damage
and cerebral palsy, learning disabilities
and other injuries to the baby.
For instance, a baby may be deprived of sufficient oxygen
if a laboring mother’s contractions are too frequent or
intense and the doctors or nurses do nothing to correct
the situation. This deprivation of oxygen during labor
may result in permanent brain injury to the newborn. If
your baby has problems such as developmental delay, it may
be the result of a mismanaged labor and delivery.
If you believe that your baby suffered brain injuries during
labor and delivery and would like us to investigate the
matter further for you, please contact us online
or email us at general@hershlaw.com.
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Other Medical Negligence
Hersh & Hersh handles medical malpractice cases where
there has been a significant economic loss due to the
injury. Examples include cases where the injury will
prevent a wage earner from returning to work or where the
injury will require future medical care, monitoring, or
extensive physical or occupational therapy. Hersh &
Hersh has been successfully resolving medical malpractice
cases for over 30 years.
If you believe that you or a family member has been seriously
injured due to medical negligence, please contact us online
or email us at general@hershlaw.com.
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Insurance Bad Faith
When an insurance company issues a policy of insurance,
it, the insurance company, promises its insured that it
will act in good faith and deal fairly with the insured.
Examples of the failure of the insurance company to do this
and the consequences due to the efforts of Hersh & Hersh
are:
- Another driver who had $30,000.00 in insurance limits
seriously injured our client. The insurance company of
the other driver was asked to pay the entire $30,000.00
to our client in settlement of the claim but refused to
do so. That refusal was in bad faith because the insurance
company had a duty to protect its insured (the other driver)
from a lawsuit that would result in a verdict of more
than $30,000.00 against her. Because Hersh & Hersh
could prove that the insurance company was legally wrong,
we were able to require that the other driver's insurance
company, not the driver herself, pay our client the full
amount of his losses that were far in excess of $30,000.
- Hersh & Hersh is representing a motorist whose own
insurance company refused to pay uninsured motorist benefits
to her, although she had uninsured motorist coverage and
was injured by an uninsured driver. This is another example
of bad faith by the insurance company that can result
in the insurance company having to pay far more than the
policy limits.
If you have experienced bad faith by an insurance company,
please contact us online
or email us at general@hershlaw.com.
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