Author Archives: Borri Law News

UPDATE on Zadroga Act and 9/11 Victim Compensation Fund: New Study Demonstrates 9/11 Rescue & Recovery Workers Have 15% Higher Cancer Rates Than Anticipated

Posted on April 24, 2013

A study conducted from 2001 to 2008, published Tuesday, April 23rd, found higher than expected rates of cancer among rescue and recovery workers in the aftermath of the 9/11 terrorist attacks.

Mirroring two previous studies on rates of cancer among 9/11 survivors and rescue and recovery workers exposed to the debris and wreckage, the journal Environmental Health Perspectives published the study, which outlined higher than anticipated instances of thyroid, prostate, blood and soft tissue cancers. Overall, the prevalence of cancer among rescue and recovery workers was 15% higher than anticipated.

The parameters of the study assumed that 9/11 rescue and recovery workers, typically firefighters, police officers and emergency medical service workers, were likely to be healthier than the general population and, therefore, the expectation of cancer incidences was lower than the usual cancer rate. Authors of the study wrote that if this population had a 15% higher cancer rate than a similar population in only the first eight years after 9/11, when many cancers take longer than seven years to develop, then this figure could be expected to increase over time for the rescue and recovery workers who were exposed to the chemicals and debris of the World Trade Center wreckage.

The Zadroga Act, signed into law in 2011, set aside $2.8 billion for compensation of individuals who have suffered 9/11 related cancers and illnesses as a result of their exposures to the debris, smoke and multiple carcinogens that were released after the 9/11 terrorist attacks. Recently, the 9/11 Victim Compensation Fund, the program that administers the 9/11 compensation fund, stated that it had only distributed about $5.6 million to qualifying 9/11 survivors.

Gregg Borri

For a free consultation call 888-444-2336

www.BorriLaw.com

 

The Three Most Important Questions about Cancer Compensation under the Zadroga Bill

Posted on November 29, 2012

Now that the NIOSH Administrator has added various cancers to the list of illnesses eligible for compensation under the James Zadroga Act, many patients afflicted with cancer are wondering whether they are entitled to compensation.

Whether you are entitled to compensation under the 9/11 Victim Compensation Fund or whether you are entitled to treatment under the World Trade Center Health Program depends on the answers to three fundamental questions.

First, were you in the immediate impact zone at the time of or following the 9/11 attacks?  This is a straightforward question, but the government requires proof of a high level of certainty to establish your whereabouts on September 11, 2001 and the months after the attack.

Second, do you have one of the Zadroga Act covered cancers?  In most cases, this is probably the easiest question to answer.  Doctors are skilled at identifying cancers in the pathology lab and, generally speaking, most cancers can be identified with reasonable certainty.

Third, your doctor, a WTC Health Program doctor, and a NIOSH doctor must conclude that the 9 11 attacks, and the debris and toxins that were released as a result of the attacks, is substantially likely to be a significant factor in aggravating, contributing to, or causing your cancer.  This is a complex question and the answer will depend on the duration and intensity of your exposure to debris and toxins and the professional judgment of the doctors reviewing your case.

Borri Law, with years of experience in toxic tort cancer cases, can help you answer these questions and present your application for compensation in the best light.

List of Certain Types of Cancers Officially Included for Compensation Under Zadroga Act Compensation Fund

Posted on November 1, 2012

The Zadroga Act initially covered compensation for patients diagnosed with certain physical injuries, health conditions and diseases due to their exposure to debris and dust after the 9/11 WTC attacks.  The list of WTC related health conditions was expanded, however, to include certain cancers.  This addition to the WTC Compensation Fund finally became part of the law on October 12th.

The process for compensation for a responder or survivor with a cancer diagnosis is only in its beginning stages.  Claimants need to gather and prepare the proper documentation as just one part of their claim.  As importantly, guidelines for physicians to determine that a patient’s cancer diagnosis is contributed to, aggravated by, or caused by his/her exposure to the wreckage in lower Manhattan, have yet to be determined.

If patients have doctors they already regularly see for their treatment, it is recommended they continue seeing those doctors, but begin recounting to them their exposure in and around Ground Zero, if they have not already done so.

If you were a first responder, or worked, lived or went to school in lower Manhattan south of Canal Street, and have been diagnosed with one of the listed cancers, you may be eligible for compensation from the Zadroga Victim’s Compensation Fund.  Contact Borri Law Offices for a free consultation about your claim.  If you are a personal representative of an individual who died because of a listed medical condition caused by their exposure to debris in Lower Manhattan, you are also eligible to bring a claim  on behalf of the deceased individual.  Our law firm can help you prepare a thorough claim with the necessary documents and records so that you may receive the compensation you deserve.

Below is a list a cancers verified as a WTC health related condition:

  • Respiratory System Cancers, including cancers of the lung, nasal cavity, sinus, larynx, bronchus, trachea, and mediastinum;
  • Blood Cancers, lymphoma, leukemia, and myeloma;
  • Digestive System Cancers, including cancers of the esophagus, stomach, colon, rectum, liver, bile duct, and peritoneum;
  • Oral Cavity Cancers, including cancers of the pharynx, lip, tongue, mouth, gum, salivary gland, nasopharynx, tonsil;
  • Urinary tract cancers, including cancers of the bladder, kidney and ureter;
  • Breast cancer
  • Thyroid Cancer
  • Heart Cancer
  • Connective and soft tissue cancers
  • Skin cancers, including melanoma and non-melanoma;
  • Mesothelioma
  • Cancer of the eye and eye orbit
  • Childhood Cancers (all), in persons 20 years old or younger
  • Rare Cancers

 

FDA Panel Balks at Recalling All Metal-on-Metal Implants from U.S. Market

Posted on July 3, 2012

A panel of health experts declined to recommend that the U.S. Food and Drug Administration recall all metal-on-metal hip replacements from the U.S. market, despite growing concerning about premature failure of metal hip implants and growing evidence that metal debris shed by the metal hip implants can have serious health consequences.  Recent studies are showing the metal implants are failing faster and more frequently than metal-on-polyethylene implants and some investigations have suggested that the cobalt and chromium ions from the debris can spread to organs in the body causing damage.

An 18-member panel of health experts had been asked by the FDA to recommend guidelines for monitoring U.S. patients that have metal hip replacements.  The panel’s proceedings, convened in Washington, D.C. during the week of June 25, 2012, reflected the fact that there is still disagreement about how to monitor persons with metal-on-metal implants, the efficacy and interpretation of chromium and cobalt blood tests, and the long term effects of elevated blood metal levels caused by metal hip replacements.  FDA regulators say they want to take more time to study the matter before making recommendations.

However, there is much less disagreement about use of metal-on-metal implants.  The chairman of the meeting, Dr. William Rohr, stated “I do not use metal-on-metal implants and I can see no reason to do so.”  Dr. Rohr is not alone.  At recent meetings of the American Academy Orthopaedic Surgeons, many leading doctors have concluded there are very few circumstances in which they would consider implanting a metal-on-metal hip replacement.

The legal fallout from the use of these devices had been huge.  Thousands of lawsuits have been filed against Johnson & Johnson and its DePuy Orthopaedics subsidiary claiming injury due to failures of the metal-on-metal DePuy hip replacement devices known as the DePuy ASR XL and the DePuy Pinnacle with Ultamet liner.  Similarly, other manufacturers that marketed metal-on-metal hip replacements such as the Biomet M2a-Magnum hip replacement are being sued by patients alleging that the Biomet product is defective.

Another Metal-on-Metal Hip Implant Bites the Dust

Posted on June 25, 2012

Following global trends in the orthopedic industry phasing out metal-on-metal (MoM) hip implants, Smith & Nephew recalls the metal liner used with its R3 Acetabular Hip System.

Citing dissatisfaction with clinical results and a market skeptical of metal-on-metal hip implant devices, Smith and Nephew has pulled the metal liner used in its R3 hip system off the market.  This recall follows the infamous recall of the DePuy ASR MoM acetabular system, as well as growing concerns over the safety of metal-on-metal hip systems in general, including: the DePuy Pinnacle Ultamet liner, Biomet M2a-Magnum hip replacement, and Zimmer Durom hip replacement.

Metal-on-metal hip implants were marketed as the ideal bearing choice for young and active patients.  However, research has shown that as a whole, metal-on-metal hip implants are associated with a higher rate of complications and revision surgeries than hip devices with alternate bearing options.  The recalled Smith & Nephew metal liner for example, has a higher rate of revision than is acceptable in the orthopedic industry.

Symptoms of a failed metal-on-metal hip can include metallosis, inflammation, damage to surrounding soft tissue and bone, pseudotumor development, and device loosening.  The long term consequences of metal toxicity are not yet wholly understood.

Decision Whether to Compensate 9/11 Cancer Victims Expected Soon

Posted on June 1, 2012

A decision whether to compensate individuals suffering from various types of cancer due to their exposure to debris and dust at ground zero is expected within the next several days.

The Zadroga Act, passed in 2011, allocated $4.3 billion in compensation for individuals diagnosed with respiratory problems resulting from their exposure to WTC debris, dust and smoke.  However, others who experienced the same exposure have been diagnosed with cancer, which is not currently covered under the Zadroga Act.  This past March, an advisory committee recommended that 14 types of cancer should also be covered by the Victims Compensation Fund.

The New York Times has reported that the Director of the National Institute for Occupational Safety and Health (NIOSH), Dr. John Howard, is expected in the near future to decide whether individuals exposed to dust and debris from the collapse of the Twin Towers, and diagnosed with cancer, can receive compensation.  Cancer victims hoping for the expansion of the fund include rescue workers, volunteers, and residents who were exposed to the smoke and toxic substances following the WTC attacks.  Dr. Howard’s decision is expected as soon as tomorrow, June 2, 2012.

Borri Law Offices Files First Hip Implant Claim Against Biomet in New Jersey

Posted on May 18, 2012

Borri Law Offices has filed the first claim brought in New Jersey against Biomet Orthopedics for a defective hip implant.  The suit involves a defective metal-on-metal hip implant manufactured by Biomet called the Biomet® M2a-Magnum™ which was implanted in our client.

Our client experienced early failure of the hip implant, forcing her to undergo an additional risky and painful surgery to replace the defective Biomet hip implant.  We have taken the first steps in obtaining legal compensation from the company which manufactured her defective device, Biomet, having filed a case on her behalf in New Jersey.

Our client is not the only victim of Biomet’s defective M2a-Magnum™ metal-on-metal hip replacement. In 2011, the Australian National Joint Registry found that the yearly cumulative revision rate for the Biomet® M2a-Magnum™ hip cup combined with a Biomet® M2a metal head was 7.2% after seven years. This rate is significantly higher than that associated with most competitor hip implant devices.

While metal-on-metal hip implants such as the Biomet® M2a-Magnum™ were marketed as long lasting devices, ideal for young and/ or active patients, the revision data and adverse effects reported tell a different story. Experts have found no advantage in metal-on-metal hip implants compared to hip implants with a different bearing type.  Doctors have reported popping or squeaking noises, metal poisoning or metallosis, chronic pain, device loosening, pseudotumors and excess fluid in the hip capsule, among other symptoms of a failed metal-on-metal hip device in their patients with Biomet® M2a-Magnum™ hip replacements.

A Second Source of Debris in Metal Hip Replacements: Second Shoe Drops on Metal-on-Metal Hip Replacements

Posted on November 28, 2011

Thousands of patients with the DePuy ASR™ metal-on-metal hip replacement (recalled in 2010) have filed lawsuits when their hip replacements failed prematurely due to the production of metal ions and debris. Initially it was believed that most of the metal ions and debris were created by edge loading of the femoral head against the perimeter of the acetabular cup. More recently however, studies are demonstrating what had been suspected for some time – that wear and corrosion of the taper junction between the tip of the femoral stem and the base of the femoral head was also producing dangerous metal debris. This appears to be a problem particularly with large diameter metal femoral heads probably because these heads cause more force to be channeled through the taper junction between the head and the stem.
Continue reading →

Metal Ion Blood Tests Critical for DePuy Hip Replacement Recipients

Posted on June 15, 2011

Monitoring levels of metal ions in the blood is critical for patients implanted with metal-on-metal (MoM) hip implants, especially the recalled DePuy hip replacement. High levels of metal ions in the blood are dangerous and indicative of MoM hip replacement failure.

Continue reading →