1The VerdicT / Volume iii / 2012 (888) 529-4669 / NapoliBerN.com

Fungal Meningitis Outbreak Linked to Tainted Steroid Injectionsour attorneys are prepared to discuss your legal right to compensation from the responsible party/parties.

Your Zadroga Rightsif you were in lower manhattan and injured as a result of the WTc Attacks, contact us now to discuss your Zadroga rights.

call us today for your free coNsultatioN

the lawsuit filed oN Behalf victims of the July 20 Aurora theatre shootings al-

leges that owners of the Aurora cinemark cen-tury 16 Theatre and the Theater managers were negligent in the management of the Theatre and their provision of security to patrons who were violently attacked by a gunman who propped open an exit door and returned with guns and ammunitions for a shooting rampage.

“it’s negligence,” Senior Partner marc J. Bern said after filing the lawsuit in Arapahoe county district court. “We think that after discovery, we’ll be able to prove their conduct was willful and wanton, and we’ll be eligible for punitive damages as well as compensatory.”

The lawsuit alleges that cinemark should have

known of the risk for such an assault based upon prior shootings and violent crimes that occurred at the Aurora mall of which the Theatre is a part and because of its lack of security, unsecured and unalarmed exit doors and untrained staff. unfortunately, it was the Theatre patrons who paid the price for this lack of care as they sat helplessly trapped in the darkened auditorium without assistance when the shooting began and as it continued, with the movie all the while continuing to play.

James holmes, a former neuroscience graduate student, has been charged in the July 20 shoot-ing that resulted in 12 deaths and 57 injuries during the Aurora premier of the most recent Batman film.

iNside this issue NuvariNg lawsuits iNvestmeNt portfolio review super lawyers moBile apps Big cases, Big results

Marc Bern, senior partner at the New York-based law firm Napoli Bern Ripka Shkolnik, speaks Tuesday, Oct. 16,

2012 at a news conference in Aurora. (cyruS mccrimmon, The denVer PoST)

Super Storm Sandy: Insurance Claims

Aurora, CO Theater Shooting Victims and Their Families File Lawsuit Against Cinemark we hope that you, your family and neighbors

are safe after the devastation Super Storm Sandy caused to the east coast at the end of october.

With offices in new york city, long island and new Jersey, we understand firsthand the destruc-tion and ensuing challenges Sandy left in her wake.

our insurance litigation attorneys know what is needed to effectively represent the interests of businesses, homeowners and municipalities.

if your claim was denied or you were underpaid, call us for a free evaluation of your claim.

Costa Concordia Passengers Seek $1 Billion After Cruise Ship DisasterAn eXcerPT From WESTLAW JOURNAL CLASS ACTION

Nearly 100 of the surviviNg passengers of the ill-fated costa concordia cruise ship that sank off the coast of italy in January are seeking more than $1 billion in damages from the ship’s operator and parent carnival corp. in two suits filed in Florida state court.

The [plaintiffs’ attorneys, including nBrS, filed suits] in the miami-dade county circuit court, allege that Florida-based carnival’s negligence led to the deaths of 32 passengers and caused hundreds of others to suffer physical and emo-tional injuries and lose their possessions.

Class 1 Recall by Fresenius Medical Care North America, leading supplier of dialysis machines and disposable products.

if GranuFlo is not administered correctly during hemodialysis, patients may experi-ence dangerously high level of bicarbonate levels which could lead to serious health complications and death. if you or a loved one underwent hemodi-alysis at a Fresenius medical care clinic or clinic using their products and are experi-encing complications or the loss of a loved one, we strongly recommend that you con-sult with one of our experienced attorneys who can advise you of your legal options. The 56th Annual

NYPD Pulaski Association Dinner DancePhoToGrAPh By henry Guild

the pulaski associatioN is made up of active and retired nyc police officers of Polish and Slavic heritage and is known for its generous scholarship program. nBrS proudly supports this education initiative and attended the dinner dance where more than $10,000 in high school and college scholarships were presented.

the verdict volume iii / 2012

SerVinG clienTS locAlly From oFFiceS nATionWide oF nAPoli Bern riPkA Shkolnik & ASSociATeS llP ATTorneyS AT lAW

2The VerdicT (888) 529-4669 / NapoliBerN.com

The Cost of Contamination By PAul J. nAPoli And keVin J. lAWner

cleaN driNkiNg water is a finite natural resource and a precious commodity. in recent years, however, public drinking water supplies have become contaminated with a variety of harmful pollut-ants. once contaminants are detected in a water supply, public and private water providers must take immediate action to ensure that the water reaching their customers is safe to drink. industrial pol-lutants that have entered a drinking water supply are often extremely difficult and costly to remove, and often involve the installation of expensive new monitoring and treatment systems.

in response to rising concentrations of pollutants, regulatory agencies have been forced to set standards that limit the levels of contaminants that may be found in drinking water. unfortunately, the regulatory safeguards currently in place around the united States are not always sufficient to prevent hazardous chemicals from entering water supplies.

The Full ArTicle cAn Be reAd in ThE NOvEmbER 2012 JOURNAL – AmERICAN WATER WORkS ASSOCIATION ISSUE or AT NApOLIbERN.COm.

Industrial pollutants that have entered a drinking water supply are often extremely difficult and costly to remove…

New York City Bar Committee Appointment

associate Bettina hollis has been invited to serve on the international envi-ronmental law commit-tee from September 2012 to August 2015.

Senior Partner Paul J. Napoli and Jordan A. Ziegler joined

Joe & Linda Zadroga and their granddaughter, Stefan

Komar and John Stefanowski for the evening’s festivities.

Peer Recognition & Professional Achievement

seNior partNer paul J. Napoli has again been named as a new york Super lawyer, and through an additional “blue ribbon” screening process, Paul was also selected by peer recognition and professional achievement to The New York Times published Top 100 new york Super lawyers list.

congratulations to all the firm attorneys who were selected to the 2012 new york Super lawyers – metro and 2012 new york rising Stars lists.

“We work diligently on each clients’ case, and to have that dedication recognized by a reputable organization

such as Super Lawyers is rewarding.”

—paul J. Napoli

atteNtioN

Cement & Concrete Burn Injuriesif you work with cement or concrete, your health could be in serious danger. Without proper equipment, you could be at an increased risk for:

• chemical BurNs

• certaiN types of caNcers

• chroNic oBstructive pulmoNary

disease (copd)

• other respiratory diseases

the verdict volume iii / 2012

SerVinG clienTS locAlly From oFFiceS nATionWide oF nAPoli Bern riPkA Shkolnik & ASSociATeS llP ATTorneyS AT lAW

3The VerdicT (888) 529-4669 / NapoliBerN.com

Partners Victor Pasternack, Catherine M. Stanton, Edgar N. Romano, Barbara D. Tilker and Michael Gruber in Las Vegas for the installation of partner Stanton as President of Workers’ Injury Law & Advocacy Group (WILG).

A Joint Venture of Pasternack Tilker Ziegler Walsh Stanton & romano llP & napoli Bern ripka Shkolnik llP

pasterNack tilker Napoli BerN social security disaBility

doWnloAd on And

pasterNack tilker Napoli BerN workers compeNsatioN

doWnloAd on And

Coal Ash Contamination(PlAnT Scherer, GeorGiA)

coal ash is formed when coal is burned in boilers that generate steam for power genera-tion and industrial applications. According to the ePA’s Toxics release inventory, Plant Scherer, in Juliette, GA, generated more than 5 million pounds of coal ash waste in 2010 alone. The vast majority of the coal ash generated by Plant Scherer is disposed of in the Plant’s 750-acre unlined, onsite coal ash pond. coal ash waste contains metals including, but not limited to: arsenic, barium, chromium, copper, lead, man-ganese, mercury, nickel, thallium, uranium, va-nadium, and zinc.We are reviewing potential cases against the owners of Plant Scherer on behalf of residents who allege that contamination from its opera-tions may be harming their health and causing damage to their property.

Big Cases, Big ResultsWith unparalleled dedication to protecting our clients, our results speak for themselves

$10 Million oil spill settlemeNt for over 300 residents of Brooklyn, ny, in their action against several oil companies for personal injury and property damage caused by one of the longest ongoing oil spills in united States history.

$7 Million class actioN settlemeNt for a Water dis-trict and its more than 3,000 clients for damages resulting from mTBe contamination of drinking water supply wells in rhode island.

$11 Million grouNdwater coNtamiNatioN settle-

meNt for a water district serving over 48,000 residents in an action against several industrial entities for contamination of its drinking water supply wells.

$1.8 Million settlemeNt on behalf of a construction worker who was electrocuted and fell from a scaffold that resulted in injuries requiring a cervical fusion.

$30.75 Million oil royalty settlemeNt for a class of over 4,500 royalty interest owners in oklahoma against several large oil companies for their unauthorized deduction from royalty payments owed to claimants.

$7.8 Million settlemeNt value on behalf of customers whose personal and financial information was compromised due to the company’s failure to properly protect this information.

Multi-million Dollar ‘frackiNg’ settlemeNt for over 50 residents of dimock, PA, in actions against a natural gas companies for contamination of their drinking water supply wells. many of the town’s resi-dents were featured in the award-winning 2010 documentary “Gasland” that focuses on the en-vironmental impacts of natural gas drilling op-erations.

©2012 nAPoli Bern riPkA Shkolnik llP Prior reSulTS do noT GuArAnTee A SimilAr ouTcome. ThiS PuBlicATion iS For inFormATionAl PurPoSeS only, doeS noT conSTiTuTe leGAl AdVice And mAy noT reFlecT The moST currenT leGAl deVeloPmenTS. ThiS PuBlicATion doeS noT creATe An ATTorney-clienT relATionShiP, only A WriTTen conTrAcT BeTWeen The PArTieS cAn eSTABliSh An ATTorney-

clienT relATionShiP. nAPoli Bern riPkA Shkolnik llP And All conTriBuTinG AuThorS eXPreSSly diSclAim All liABiliTy To Any PerSon WiTh reSPecT To The conTenTS oF ThiS PuBlicATion. imAGery uSed in ThiS PuBlicATion uTiliZeS FicTionAliZed eVenTS or SceneS WiTh PArTiciPATion oF modelS. For comPleTe deTAilS, reAd our TermS oF uSe And PriVAcy Policy AT WWW.nAPoliBern.com

FolloW nB Free nAPoli Bern moBile APP For And

serviNg clieNts locally from offices NatioNwide

headquarters emPire STATe BuildinG / 350 FiFTh AVenue / neW york, neW york 10118

neW york / cAliForniA / delAWAre / FloridA / illinoiS / mArylAnd / neW JerSey / PennSylVAniA

NapoliBern.com / (888) 529-4669

the verdict volume iii / 2012

SerVinG clienTS locAlly From oFFiceS nATionWide oF nAPoli Bern riPkA Shkolnik & ASSociATeS llP ATTorneyS AT lAW

NuvaRing® Contraceptive Side Effects Lawsuits

Nuvaring® (etonogestrel/ethinyl estradiol vaginal ring) is a combination hormonal contraceptive ring inserted into a woman’s vagina to prevent pregnancy.

the u.s. food aNd drug admiNistra-

tioN (fda) approved it in october of 2001 as the first vaginal birth control ring of its kind, but the product did not come to the u.S. market until July 2002. organon initially developed nuvaring. however, the company later became part of Schering-Plough, which then merged in 2009 with merck & co. inc.

nuvaring is a flexible polyethylene ring containing estrogen and a form of progestin, which works by releasing a steady dose of the hormones into the bloodstream via ab-sorption through the vaginal wall. Women wear the ring for three weeks and then re-move it for one week before inserting a new nuvaring.

manufacturers of nuvaring marketed, promoted and advertised this product to physicians and to the public as equally or more safe than oral contraceptive pills. They may have failed to warn women adequately that nuvaring is associated with serious and potentially fatal side effects, including cardiovascular problems, cardiac arrest, blood clots and strokes.

nuvaring is a third-generation contraceptive because it contains a third-generation progestin called etonogestrel, the biologically active metabolite of desogestrel.

Several studies have shown an increased risk of blood clots with contraceptives containing desogestrel rather than other types of progestins. in november 1995, the FdA stated that, “new studies indicate about a two-fold increase in the risk of venous blood clots associated with products containing desogestrel.”

A 2003 study in The new england medical Journal and a two other investigations published in the British medical Journal in 2009 confirmed that women using contraceptives with third genera-tion progestins were twice as likely to suffer a blood clot than women taking second-generation contraceptives.

nuvaring may expose women to increased risk of serious or fatal side effects while providing no greater clinical benefit than second-generation contraceptives.

We want to hear from women who have used nuvaring and experienced serious side effects such as blood clot, stroke or heart attack, or families of women who died from these nuvaring side effects, who may be eligible to file a nuvaring lawsuit.

Is your broker recommending the right investments for you?We are pleased to announce the continued growth of our Securities Arbitration department. For years our attorneys have fought brokers and brokerage firms that provided their clients unsuitable advice and have churned their clients’ accounts to generate commissions. now is the time to have professionals look at your portfolio to determine if you have a claim.

Another DePuy Recall

two years after the August 24, 2010 recall of the dePuy ASr™ Xl Acetabular hip Sys-tem and dePuy ASr™ hip resurfacing System, Johnson & Johnson subsidiary dePuy ortho-paedics has had to recall another line of its hip implant products. This most recent recall affects the company's custom orthopedic devices after safety concerns brought to light by the Food and drug Administration (FdA).

contact us to discuss your legal options as well as what financial compensation may be available.

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