Author Archives: Edgar Romano

Partner Michael Gruber Appointed Chair Of The Brooklyn Bar Association’s Workers’ Compensation Committee

Brooklyn Bar Association

We are proud to announce that our own Michael Gruber has been appointed Chair Of The Brooklyn Bar Association’s Workers’ Compensation Committee for 2012-2013.

Established in 1872, the Brooklyn Bar Association is a 2,000 member strong organization that works to enhance and improve the practice of law in Brooklyn, New York. It’s primary purpose is to promote professional competence among attorneys and increased respect for the legal system. It promotes access to the legal system through the Lawyer Referral Service which provides referrals for legal assistance in multiple practice areas. The Brooklyn Bar Association provides Continuing Legal Education, which enhances the skills, competence and ethics of it’s members. The belief that the administration of justice is achieved through the integrity, honor and courtesy of the members of the legal profession is the foundation of the Association.

The Workers Compensation Committee considers desirable changes and reforms in substantive law and procedures in the law of Worker’s Compensation.

Prior results do not guarantee outcomes.
Attorney Advertising.

Victor Pasternack and Matthew Funk Named to Executive Board of New York State Trial Layers Association

Managing Partner Victor Pasternack (left) and Partner Matthew Funk (right)

We are proud to announce that our own Victor Pasternack and Matthew Funk have been named to the Executive Board of the New York State Trial Lawyers Association (NYSTLA). The NYSTLA is a 55 year-old trade association with over 4,600 members.

The mission of the New York State Trial Lawyers is “To promote a safer and healthier society, to assure access to the civil justice system by those who are wrongfully injured and to advance representation of the public by ethical, well-trained lawyers.”

NYSTLA works with coalition partners on numerous issues to protect the rights of consumers: health advocates, tenants’ groups, senior citizens groups, anti-gun violence groups, and many other public interest organizations. NYSTLA also works directly with victims of wrong-doing to help them understand their rights and how they might be articulated.

NYSTLA’s business is to assure that the wrongfully injured will have full access to the civil justice system. The organization is thus dedicated to the preservation of the federal and state constitution rights to trial by jury. They fight to see that injured people are not barred from the civil justice system; that wrongdoers are not immunized from liability; that juries are free to determine the proper amount of compensation without arbitrary legislative interference; that obstacles are not placed in the way of litigating all meritorious actions. NYSTLA also supports proposals to increase available insurance.

Prior results do not guarantee outcomes.
Attorney Advertising.

Victor Pasternack Teaches At Decision 2012

Senior Partner Victor Pasternack

On Friday, September 14th, our own Victor Pasternack will present at the New York State Trial Lawyers’ Association’s Decisions 2012: Recent Developments in Tort Law. The event reviews last year’s decisions, amendments and other changes in New York tort law. This is the 27th consecutive year the association has chosen Victor to give this presentation.

Also, Victor has written the program’s chapter on workers compensation, which is a testament to his standing among New York’s workers’ compensation attorneys and a valued way for him to give back to the community.

If you would like to attend, the session will be at:
The Prince George Ballroom
15 East 27th Street

New York City, NY 10010
Tel: (212) 471-0882

Online registration is available by clicking on this link.

 

 

Prior results do not guarantee outcomes.
Attorney Advertising.

Chronic Stress: The Cascade Effect (Part 2 Of The Biology of Stress)

Today’s second post in this series about the biology of stress comes to us from the Causey Law Firm in Washington. We encourage anyone who suffers from stress, whether it is acute or chronic, to seek professional assistance to manage the symptoms and, if possible, develop strategies to alleviate the underlying causes.

Stress is how the body reacts to a real or imagined stressor — a stimulus that causes stress. Acute stressors affect a bodily organ in the short term; chronic stressors over the longer term. Chronic stress is the state of prolonged tension from internal or external stressors which may cause various physical manifestations such as asthma, back pain, arrhythmias, fatigue, headaches, irritable bowel syndrome, ulcers, and suppression of the immune system. Chronic stress takes a more significant toll on the body than acute stress. It can raise blood pressure, increase the risk of heart attack and stroke, and induce symptoms of anxiety and depression.

The Three Stages of Stress – From Acute to Chronic

  • Alarm: In this first stage, when the threat or stressor is first identified or realized, the body’s stress response is in a state of alarm. During this stage, adrenaline is produced in order to bring about the flight-or-fight response, causing sweating, raised heart rate, etc. The body’s resistance to the stressor drops temporarily below the normal range and some level of shock may be experienced. There is also some activation of the HPA Axis, producing cortisol, as discussed in our last post.
  • Resistance: If the stressor persists, the body must find some means of coping with the stress. Although it begins to try to adapt to the strains or demands of the environment, the body cannot keep this up indefinitely, so its resources are gradually depleted.  As it attempts to cope with the condition that is causing the stress, the mind may try to focus on the problem, which can actually exaggerate the awareness of the problem and make it seem difficult to overcome.
  • Exhaustion: third stage. At this point, all of the body’s resources are eventually depleted and the body is unable to maintain normal function. The initial symptoms may reappear (sweating, raised heart rate, etc.). Long-term damage may result, as the body’s immune system becomes exhausted, and bodily functions become impaired. The result can manifest itself in obvious illnesses such as ulcers, depression, diabetes, digestive system problems or cardiovascular problems.  It can also manifest as a chronic pain syndrome, guarding/avoidance behavior, and/or sleep disturbance.  Hopelessness can set in.

Chronic Stress and Cortisol

When the body’s HPA-axis cannot overcome a challenge and/or is chronically exposed to a threat, this system becomes overtaxed and can be harmful to the body and brain. An increased level of cortisol is one of the most dangerous outcomes of chronic stress.

Cortisol is an important hormone in the body, secreted by the adrenal glands and involved in some of the following functions: proper glucose metabolism, regulation of blood pressure, insulin release for blood sugar maintenance, immune function and inflammatory response. Normally, cortisol is present in the body at higher levels in the morning and is at its lowest level at night. Although stress is not the only reason that cortisol is secreted into the bloodstream, it has been termed “the stress hormone” because it’s also secreted in higher levels during the body’s ‘fight or flight’ response to stress, and is responsible for several stress-related changes in the body. Small increases of cortisol have some positive effects: a quick burst of energy for survival reasons, heightened memory functions, a burst of increased immunity, lower sensitivity to pain, and helping to maintain homeostasis in the body.

People are biologically ‘wired’ to react differently to stress.

While cortisol is an important part of the body’s response to stress, it is important that the body’s relaxation response be activated so the body’s functions can return to normal following a stressful event. Unfortunately, in our current high-stress culture, the body’s stress response is activated so often that the body doesn’t always have a chance to return to normal, resulting in a state of chronic stress, thus producing high chronic cortisol levels.

Higher and more prolonged levels of cortisol in the bloodstream like those in chronic stress have been shown to have negative effects, such as:

  • Impaired cognitive performance (loss or poor concentration, inability to complete tasks or heightened confusion in mildly stressful situations
  • Suppressed thyroid function
  • Blood sugar imbalances such as hyperglycemia
  • Decreased bone density
  • Decrease in muscle tissue
  • Higher blood pressure
  • Lowered immunity and inflammatory responses in the body, slowed wound healing, and other health consequences
  • Increased abdominal fat, which is associated with a greater amount of health problems than fat deposited in other areas of the body

When people feel stressed, stress hormones can be over-secreted, dramatically affecting the brain. Cortisol also plays a large part in post-traumatic stress disorder (PTSD) and memory. In a 2002 article in Biological Psychiatry regarding cortisol, PTSD and memory1, cortisol was noted to work with epinephrine (adrenaline) to create memories of short-term emotional events.  This effect may serve as a means to help a person remember what situations to avoid in the future. However, long-term exposure to cortisol damages cells in the hippocampus and can create impaired learning ability. It has been shown that cortisol inhibits memory retrieval of already stored information.

Cortisol secretion varies among individuals. People are biologically ‘wired’ to react differently to stress. One person may secrete higher levels of cortisol than another in the same situation. Studies have shown that people who secrete higher levels of cortisol in response to stress also tend to eat more food, and food that is higher in carbohydrates, than people who secrete less cortisol.

1“Depression. What happens in the brain?” Biological Psychiatry, 2002

Prior results do not guarantee outcomes.
Attorney Advertising.

The Biology of Stress (Part 1)

Today’s post comes from the Causey Law Firm in Washington.

Today’s post is the first in a multi-part series about stress, covering first the biology of stress and the effects of chronic stress on the body.

Stress is a term that is commonly used to explain — or explain away — much in our world. We live in a time of multifactorial stress: the economy; keeping, losing or getting jobs; housing, food, medical and dental care; personal and familial safety; fear or anger over political or governmental decisions; injuries and/or disabilities. At times, stress can be overwhelming when it seems we are losing control over our lives and our futures.

The following is an overview of the biology of stress to help better understand how stress can control such a large part of our health. There are many types of stress and those will be investigated after first laying out a basic understanding of what stress is and the physiologic mechanisms of stress.

The term stress is derived from the Latin word stringere, “to draw tight.”

The term stress is derived from the Latin word stringere, “to draw tight.” It had been used almost solely in the field of physics to define the internal distribution of a force exerted on a material body, resulting in strain — or stress — such as a rubber band pulled tautly. In the 1920s, stress started to be used in both biology and psychology, referring to a mental strain or a harmful external agent that could cause illness. Interestingly, in an early example, researcher Walter Cannon used the term strain/stress in 1926 to refer to external factors that disrupted homeostasis.1

The idea of stress and homoeostasis is intriguing for it is widely known that the incredible human system strives to maintain homeostasis, or equilibrium. So, it makes great sense that maintaining equilibrium is central to the idea of stress. This is true with all biological and most biochemical processes. The body always attempts to maintain this steady state of being; however, environmental factors, internal or external, continually challenge and disrupt this equilibrium (homeostasis) causing the body to constantly strive for balance. Environmental factors causing the body continued strife are generally called stress. Stress can be simply moments or events from which the body returns to equilibrium or it can turn into chronic stress where the body is constantly trying to reach homeostasis against resistance.

The balance of our body systems can be disrupted (stressed) by events from such disparate sources as a life-threatening situation or a simple insult, resulting in disequilibrium. Stress can bring on a cascade of biological reactions Continue reading

Prior results do not guarantee outcomes.
Attorney Advertising.

Loss of Health Insurance Access: The Personal Toll on the Unexpected Uninsured.

We wanted to take some time out on Labor Day to bring you this post by our colleague Charlie Domer from the Domer Law Firm in Wisconsin. We hope each of you have a safe and happy holiday.

Access to health insurance is under attack. President’s Obama’s comprehensive health care reform law, intended to increase health care coverage for millions of Americans, faced extreme scrutiny by the U.S. Supreme Court last week. Congressman Paul Ryan’s federal budget plan is a cynical and careless proposal that would slash Medicaid programs, while providing tax cuts for the wealthy. In Wisconsin, Governor Walker and his fellow Republicans also propose gutting funds to the state’s vital Medicaid program. The ultimate goal is hard to deny: certain politicians and interest groups actually want a country with more uninsured citizens. The personal toll on the uninsured is devastating, especially for those dealing with work injuries.

Access to health insurance alters this equation. If the worker had adequate access to health insurance, especially Medicaid, he could obtain the medical care that could allow a return to work, regardless of whether the worker’s compensation insurer accepted or denied the claim. 

As a worker’s compensation attorney, the following scenario plays out on a daily basis: A hard-working individual—who is lucky enough to have health insurance through the employer—is injured at work through no fault of his own. The injury is severe enough Continue reading

Prior results do not guarantee outcomes.
Attorney Advertising.

Suicide – Recognize the Signs Before It’s Too Late

Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm.

Several years ago I had declined to represent an injured truck driver until his wife called me and said she found a suicide note and asked me to reconsider. I did and was able to help him. I believe there is a connection between suicide and workers’ compensation. Clearly the pain of an injury, coupled with the stress of not being able to return to work can cause tremendous psychological strain.

One Texas doctor actually testified at a legislative hearing that prolonged decisions on workers’ compensation coverage in the state had lead to an increase in work’ comp’ related suicides in recent years. “The incidence of those reports has been astonishingly high compared to five years ago,” he told the legislators, “when they were, to my knowledge, nonexistent.”

Below are some signs that you or somebody you know may be at risk. This list of warning signals comes from the website of the American Psychological Association. If you see any of these signs, seek help from a doctor or therapist, or call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255). Continue reading

Prior results do not guarantee outcomes.
Attorney Advertising.

Zoloft, Prozac, Paxil, Lexapro, Celexa and Sarafem Can Cause Birth Defects

If you have taken Zoloft, Prozac, Paxil, Lexapro, Celexa or Sarafem while pregnant, contact your attorney

Antidepressants are one of the most prescribed drugs in the United States, with selective serotonin reuptake inhibitors (SSRIs) being the most common antidepressants prescribed. SSRI drugs include Zoloft® (sertraline), Paxil® (paroxetine), Lexapro® (escitalopram), Celexa® (citalopram), Prozac® and Sarafem® (fluoxetine).

Studies have shown that women who take SSRI antidepressants while pregnant, or who become pregnant while taking the drug, are at risk of having babies with SSRI related birth defects. Pharmaceutical companies may not have adequately warned of SSRI birth defect risks. Depending upon the trimester of SSRI exposure in the womb, babies can suffer:

  • Congenital heart defects such as ventricular and atrial septal defects (VSDs and ASDs)
  • Persistent Pulmonary Hypertension (PPHN) in which the arteries of the lungs remain narrowed or constricted, inhibiting blood flow to the lungs and reducing the amount of oxygen in the bloodstream that can result in brain damage or death
  • A condition called Omphalocele in which the baby is born with intestines or other organs outside the body
  • Spina Bifida and other neural tube defects affecting the spinal cord
  • Craniosynostos, a malformation of the head caused by premature fusing of cranial sutures of the skull
  • Facial deformations such as Cleft Lip and Cleft Palate
  • Club foot, a deformation of the lower leg and foot
  • Blockage of the anus called Anal Atresia
  • Genital deformities
  • Birth complications
  • Infant death

Parents of children exposed to SSRI medications in the womb that have developed these conditions or complications should contact our attorneys for a free SSRI birth defects lawsuit consultation. They may be entitled to compensation for their child’s injury and suffering.

Prior results do not guarantee outcomes.
Attorney Advertising.