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Congratulations to Andrew DuPont and Jennifer Emmons who, last week, secured a $4.785 Million recovery for the family of a United States Marine Corps serviceman who developed and died from Acute Myeloid Leukemia (AML) due to his occupational exposure to products containing benzene. Earlier this year Andrew DuPont and Michael Leh were successful in obtaining a recovery of $3.5 Million on behalf of the family of another worker who was exposed to benzene working as a laborer and boilermaker in refineries who also contracted and died from AML.

A recent report from the Centers for Disease Control and Prevention (CDC) has come to some rather alarming conclusions.  The report was based on a study of deaths in the United States from mesothelioma (a type of a fatal cancer uniquely caused by exposure to asbestos) for the years 1999 to 2015.  They cut the study off at 2015 because there is no data presently available after that year.

The CDC conclusions include:

1. During the 1999 to 2015 time period there were a total of 45,221mesothelioma deaths reported in the United States.

A recent discussion with a lawyer friend of mine reignited the title question in my mind, yet again. I am an attorney who deals almost exclusively with individual clients---real people with real problems, as opposed to corporations or businesses.  And because my cases, my clients, are unique individuals, the inherent tension between law as a business and law as a profession inevitably impacts my practice and is always on my mind.

On April 12, 2017, after a full day of mediation with the Hon. Joel Rosen, the Locks Law Firm  settled a negligent security case for $2.8 million.  The case, led by myself and Michael Galpern, involved an inner city apartment complex where there had been several prior incidents.   Our client was visiting  the apartment complex when an unknown gunman began shooting in to the car in which she was sitting.  The shooting  left our client with lifelong injuries.   The shooter was never identified despite substantial media coverage of the incident and police investigation.   We are pleased to be able to secure a settlement that will enable our client to be cared for moving forward.

An important aspect of the NFL Concussion Settlement is how long one played in the league.  For those who are diagnosed with a compensable condition (dementia, Parkinson’s, Alzheimer’s or ALS) and played for 5 or more “Eligible Seasons,” they will receive full compensation for you age and diagnosis.  If you have fewer Eligible Seasons, there will be a reduction in your award.

It’s also important to understand the Eligible Season requirement because you must have a minimum of a Half of an Eligible Season to qualify for baseline testing, or the BAP.  If you don’t have at least a half of a season, you will not be eligible to go through the testing protocol but you may still qualify for settlement benefits (at a greatly reduced rate).