The Verdict Legal Newsletter

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ISSUE NO.12 FALL/WINTER 2020

THE TEEN VAPING EPIDEMIC Almost overnight, Juul became the leading provider in the burgeoning e-cigarette market. E-cigarettes use small heaters to transform liquid into a vapor, which the user then inhales. Some think that a kidfriendly marketing campaign which featured cartoon characters and bright colors, along with flavors like chocolate pudding and sweet butterscotch, may have contributed to the teen vaping epidemic. These flavored e-cigarettes may be even more harmful than the unflavored ones. Whomever is responsible, the teen vaping epidemic is definitely real. 10 percent of eighth graders regularly use e-cigarettes, and the percentage increases to 16 percent, or about one in six, of twelfth graders. As many as 20 percent of high school students have vaped at least once. These risks are not just theoretical. Recently, severe

nicotine as tobacco cigarettes. So, while vaping does

lung damage, which authorities linked to vaping, sent

not create the same problems as smoking, it multiplies

eight Wisconsin children to local emergency rooms.

the side-effects associated with nicotine addiction.

Doctors believe that toxic vaping clouds, which usually include high levels of nicotine and dangerous heavy metals, caused these injuries.

among children. For a free consultation with an experienced personal injury attorney, contact Napoli Shkol-

Many e-cigarettes contain four of five times as much

Photography by Vertolet (Bigstock).

E-cigarette use may cause serious injury, especially

nik PLLC. You have a limited amount of time to act.

$30M OPIOID LITIGATION SETTLEMENT Mallinckrodt Pharmaceuticals, one of the largest manufacturers of generic opioids, and our client Cuyahoga County, Ohio, have reached a settlement on the eve of trial which is scheduled to begin in the multidistrict opioid litigation (MDL) in the U.S. District Court for the Northern District of Ohio later this month. Mallinckrodt will pay $24 million in cash and donate $6 million in drugs, including addiction treatment medications.

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surance plans with members, ERISA (paritylawsuit.com), the Federal Mental Health Parity and Addiction Equity Act (Parity Act), as well as state laws prohibiting fraud, unfair business practices and other illegal acts. The case is the Serenity Point Recovery, Inc, et al. v. Blue Cross Blue Shield of Michigan, case number 19-cv-00620, in the United States District Court for the Western District of Michigan.

NAPOLI SHKOLNIK PLLC FILES $40 MILLION LAWSUIT AGAINST BLUE CROSS BLUE SHIELD OF MICHIGAN Filed in the United States District Court for the Western District of Michigan, the complaint alleges that the state’s largest health insurer has been underpaying and wrong-

For years, Michigan’s largest health insurer has placed profits over the lives of its members. If you are a substance abuse treatment center or behavioral health facility and believe that Blue Cross Blue Shield of Michigan, or any other commercial insurance company, has been underpaying or wrongfully denying claims, we encourage you to call us.

fully denying claims related to treatment for substance abuse and other behavioral health disorders. The complaint seeks compensatory damages exceeding $40 million dollars, punitive damages, disgorgement of profits, declaratory and injunctive relief, and attorneys’ fees and costs and other relief. BCBSMI’s actions are in violation of the terms of their in-

BILLIONS OF DOLLARS AVAILABLE IN TRUST FOR THOSE DIAGNOSED WITH AN ASBESTOS-RELATED DISEASE

DIAGNOSED WITH LUNG CANCER AND/OR MESOTHELIOMA AND OVER 55 YEARS? You may be entitled to financial

ULORIC HEALTH ALERT

compensation even if you smoked,

Uloric has been linked to an increased risk for HEART ATTACK STROKE KIDNEY DAMAGE

If you or a loved one took the prescription Uloric and are now experiencing any of these serious side effects, call us today.

if you worked in the following trades. AUTO MECHANICES

PLUMBERS

ELECTRICIANS

BRICKLAYERS

ROOFERS

INSULATORS

BUILDING INSPECTORS PLASTERERS US NAVY PERSONNEL

WELDERS

Call us today for your free consultation.

(877) 264-8754 | NAPOLILAW.COM 360 LEXINGTON AVENUE, 11TH FLOOR, NEW YORK, NEW YORK 10017


Napoli Shkolnik PLLC has been recognized by Expertise’s 2019 “Best Personal Injury Lawyers in New York City.” Based on Reputation, Credibility, Availability, Professionalism, and Experience.

NAPOLI SHKOLNIK PLLC PARTNER JENNIFER R. LIAKOS NAMED TO PLAINTIFFS’ STEERING

in hearing loss, tinnitus and deafness for those military service members who were issued the Combat Arms earplugs and served between 2003 and 2015. The litigation seeks to recover for personal injuries and

In Re: 3M Combat Arms Earplug Products Liability Action

future medical monitoring from the Minnesota-based manufacturer, 3M.

The Panel received and reviewed close to 200 applications and selected Ms. Liakos from this highly qualified

ATTENTION MILITARY SERVICE MEMBERS: ARMY, NAVY, AIR FORCE, MARINES, COAST GUARD

field for her extensive experience

handling

complex,

multi-district mass tort cases, including the Abilify Products Liability Litigation. The lawsuit alleges that 3M sold defectively designed

3M DUAL ENDED COMBAT EARPLUG™ CLAIMS Risks of Use Include:

Combat Arms earplugs to the military and failed to warn

(PERMANENT) HEARING LOSS

wearers of the defect and to provide proper instructions

TINNITUS (RINGING/BUZZING IN THE EARS)

of their use. It claims that the Combat Arms earplugs did not maintain a tight seal and dangerously loud sounds slipped through without the user knowing. This resulted

Did you serve at any time between 2003 and 2015? You may be entitled to compensation.

Get monthly updates with news that may affect you, with case updates and firm announcements. napolilaw.com/signup

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Were you or someone you know b elow Canal Street between 9/11/01 and 5/30/02? You may be entitled to participate in the Victim Compensation Fund (VCF) for many cancers and other diseases. Do not miss the deadline t o file a claim.

in two frontal crash events involving the Toyota Corolla automobile lead the NHTSA to upgrade and intensify its investigation. The investigation centers around whether the control units of the TRW Airbag suffer electrical overstress during a crash event, causing the control unit to stop working during the crash. In practice, this means that the airbag may not sense the crash and then fail to deploy the necessary airbag.

EARLY RECALLS

ZF-TRW AIRBAG SAFETY PROBE EXPANDED TO 12.9 MILLION VEHICLES

2011–13 HYUNDAI SONATA

Napoli Shkolnik PLLC investigates defective airbag claims involving numerous well-known automobile manufacturers.

2011–12 OPTIMA HYBRID

The National Highway Traffic Safety Administration

2010–14 JEEP PATRIOT, COMPASS & DODGE AVENGER

2011–12 SONATA HYBRID 2010–13 KIA FORTE & FORTE KOUP 2011–13 KIA OPTIMA

2011–12 KIA SEDONA 2011–14 CHRYSLER 200 2010

CHRYSLER SEBRING

2010–12 DODGE CALIBER

(NHTSA) recently expanded its investigation into German auto-parts giant ZF’s TRW Automotive airbags. The NHTSA investigation has now expanded to include 12.3 million vehicles produced between 2010 and 2019, and made by several different manufacturers. While the NHTSA has not yet issued a recall of these airbags, this is the NHTSA’s most in-depth airbag probe since the re-

If you own or lease any of the vehicles on this list, your car may contain airbags with a defective control unit. We are ready to provide a free evaluation on this matter. If you or a loved one has been injured as a result of these defective airbags, we encourage you to call us.

call of more than 56 million airbags made by Takata.

2016 after several injuries— and even four deaths—

FDA RECALLS BLOOD PRESSURE MEDICINE VALSARTAN

were reported when these airbags failed to deploy

Cancer-causing impurities have been found.

The investigation around the ZF TRW airbags began in

during a crash.

Call us to speak with an experienced

However, more recent reports of additional fatalities

pharmaceutical attorney today.

resulting from the failure of the TRW airbag to deploy

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Supporting first responders, survivors, and the families affected by 9/11. The Johnny Mac Foundation | The N.Y. Firefighters Burn Center Foundation Annual Chief Michael Hallquest Golf Outing | Glenn E. Wilkinson Memorial Fund

NAPOLI SHKOLNIK PLLC CONTINUES TO FILE LAWSUITS AGAINST MAJOR TELECOMMUNICATIONS PROVIDERS Filed in Supreme Court of New York, the complaint alleges they failed to collect, report and remit 911 Surcharges to Counties. Napoli Shkolnik filed a lawsuit in the Supreme Court of

their customers so as to gain a competitive advantage,

New York, Nassau County on behalf of multiple New

and to line their own pockets.

York Counties against four major telecommunications providers (including Verizon NY, Inc., AT&T Communications of NY) based upon their failure to bill, collect, report, and remit to the Counties 911 surcharges on

The case is the County of Fulton et al. v. Verizon New York Inc. et al., case number 605952/2019, in the Supreme Court of the State of New York, County of Nassau. If you are a county, municipality or other local govern-

landline and wireless service as required by law. The Defendant telecommunication service providers have repeatedly failed to bill for, collect, and remit the surcharge as required – including to court favor with

ment entity and believe your rights were violated as described above or in any other way, we encourage you to contact us.

We publish pertinent information on your favorite social media platforms.

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Do you and your family live in a New York City Housing Authority building? If your child(ren) lived in one of the New York City Housing Authority properties from 2012 to the present, s/he might have been exposed to lead in your home. Contact us today.

PUBLISHED IN AMERICAN WATER WORKS ASSOCIATION’S OPFLOW MAGAZINE Litigation Combats Hazards of Aqueous Film-Forming Foam Products By Of Counsel Paul J. Napoli and Associate Michelle Greene.

RAISING AWARENESS OF LEAD EXPOSURE IN COMMUNITIES Continuing collaboration with Hill Harper and the National Clean Water Collective. Pictured, the Second Annual Flint, MI Carnival and #JustCleanIt event in Newark, New Jersey.

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