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Entries for May 2004

Serzone Removed From The Market After Allegations It Causes Liver Failure and Death

We are now investigating claims involving Serzone® (nefazodone), an old line anti-depressant drug approved by the Food and Drug Administration in 1994. Last week, drug maker Bristol-Myers, Squib Co. announced it would pull this drug off the market with distribution to end on June 14. Even though Bristol-Myers blamed lagging sales as the reason, the facts are that Serzone® is blamed for dozens of cases of liver toxicity, resulting in liver failure, death or transplantation.

Indoor Mold, Building Dampness Linked to Respiratory Problems and Require Better Prevention

Scientific evidence links mold and other factors related to damp conditions in homes and buildings to asthma symptoms in some people with the chronic disorder, as well as to coughing, wheezing, and upper respiratory tract symptoms in otherwise healthy people, says a new report from the Institute of Medicine of the National Academies. However, the available evidence does not support an association between either indoor dampness or mold and the wide range of other health complaints that have been ascribed to them, the report says. Given the frequent occurrence of moisture problems in buildings and their links to respiratory problems, excessive indoor dampness should be addressed through a broad range of public health initiatives and changes in how buildings are designed, constructed, and maintained, said the committee that wrote the report. 

The following is a Momorandum issued by Peter J. Calderone, Director and Chief Judge of the NJ Division of Workers' Compensation. It was issued on May 3, 2004.

Workers' Compensation News - May 26, 2004 Volume 2 Issue 22

FRUSTRATIONS OF 9-11 VICTIMS SEEKING WORKERS' COMPENSATION--Many Who Served on 9/11 Are Still Pressing Fight for Workers' Compensation. It is in places like Judge Mark Solomon's workers' compensation courtroom in Brooklyn that lingering questions about the health consequences of the Sept. 11 attack on the World Trade Center are fought over day after day.

Report to Congress on Workers' Home Contamination Study

In 1992, the U.S. Congress passed the Workers' Family Protection Act (Public Law 102-522, 29 U.S.C. 671), which requested that the CDC's National Institute for Occupational Safety And Health (NIOSH) conduct a study to "evaluate the potential for, prevalence of, and issues related to the contamination of workers' homes with hazardous chemicals and substances...transported from the workplaces of such workers."

Workers' Compensation News - May 12, 2004 Volume 2 Issue 20 CompAssist (tm)

Asbestos: Federal Mediation Fails to Reach Accord. AIA remains committed to meaningful reform of deeply flawed litigation system. The following statement is in response to the end of negotiations over legislation to establish a national asbestos victims compensation trust fund (S. 2290). The negotiations were mediated by retired Federal Judge Edward Becker. This statement should be attributed to Robert E. Vagley, president of the American Insurance Association (AIA) 

Workers' Compensation News - May 5, 2004 Volume 2 Issue 19

CMS/MSP New Address --  New Address for Receipt of Workers’ Compensation Medicare Set-aside Arrangement (WCMSA) Proposals (and all subsequently requested documents) for the Centers for Medicare & Medicaid Services (CMS) Review. 

Handling Employment Law Cases

 Employers can be sued for more than employment discrimination, whistleblowing or breach of contract. Causes of action that have been brought against employers range from assault and battery to defamation and intentional infliction of emotional stress. In order to successfully litigate an employment tort claim, you need to be aware of the elements of various tort actions and understand the potential impact of workers’ compensation laws and insurance and indemnification issues.  Presented in cooperation with the NJSBA Labor & Employment Law Section 

Study Shows Millions of Working Americans Have No Health Coverage, Suffer Health Gaps as a Result

 A comprehensive analysis of government data shows that a significant number of working Americans in every state do not have health care coverage, with at least 20 million working Americans not having coverage. In six states, at least one in five working adults is uninsured. In 38 other states, at least one working adult in every 10 does not have health insurance. The report further reveals that in every state, adults who do not have health insurance experience significant gaps in medical care compared to those who do. 

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