In This IssueYour Advocates 1Safety First

Upholstered Furniture a Fire Hazard 1Medical Woes

Surgery: Follow Your Own Orders to Minimize Medical Errors 2Trasylol: The FDA Let Thousands a Month Die 2

Financial LossesWho’s Watching Your Investments? 3

Community Outreach The Anapol Schwartz Foundation 4

Fall 2008

Your Advocatesby Joel Feldman

For more than 30 years,Anapol, Schwartz, Weiss,Cohan, Feldman & Smalley,P.C., has been dedicated tochampioning victims’ rightsand working to identifyconsumer risks before they

impact the greater population.

That is why we’re thrilled to unveil theinaugural issue of the Anapol Advocate,offering commentary from our attorneysabout critical safety, health and economicconcerns, and ways you can be an advocatein the workplace or at home.

Future issues will include a sectionfeaturing news about Anapol Schwartz.Until then, here are some of the successeswe’ve achieved and honors we’ve earned in the last year.

• Co-liaison counsel in the New JerseyVioxx litigation, partners Sol Weiss andDavid Jacoby represented more than 800plaintiffs and played an instrumental rolein the $4.85 billion settlement.

• Partners Larry Cohan and Miriam Barishresolved a multi-million dollar productsliability suit involving defective productscausing a house fire and resulting incatastrophic burns to a young child.

• Cohan and Jacoby were named 2008 NewJersey Super Lawyers®, while Weiss wasone of five persons elected to theAmerican Association for Justice’s (AAJ)executive committee.

• Eight attorneys were also honored as 2008Pennsylvania Super Lawyers®: Cohan andWeiss, and fellow Philadelphia lawyersJoel Feldman, Howard Levin, MarkLeWinter, James Ronca, Alan Schwartzand Bernard Smalley.

• Smalley also received the ThurgoodMarshall College Fund’s Award ofExcellence, given to distinguished African-Americans who exemplify professionaland civic excellence.

We hope you’ll find the information in ournewsletter beneficial. We deeply value yourinput and the trust you have in our abilityto be your advocates.

Sincerely,

Joel Feldman, Managing PartnerAnapol Schwartz

Anapoladvocate

www.AnapolSchwartz.com

Safety FirstUpholstered Furniture a Fire Hazard: Tips to Protect You, Your Homeby Mark LeWinter

You might be surprised to learn your upholstered furniture is a potential fire hazard if the polyurethane foam filling is nottreated with flame retardants. In fact, fires involving residentialupholstered furniture are the leading reason for fire deaths inU.S. households, annually claiming 300 lives, leading to 500serious burn injuries, and resulting in $1.6 billion in damages,according to the U.S. Consumer Product Safety Commission

(CPSC). The foam filling is a petroleum based product which fire marshals refer to as “solidgasoline.” When ignited, it burns very quickly at extremely high temperatures, emits highlytoxic fumes and is very difficult to extinguish.

Although recent CPSC proposed standards aim to reduce the known hazards caused bypolyurethane foam, they don’t mandate flame retardants in the foam, even though the cost is minimal and it has been proven to save more lives.

In fact, for more than three decades, the government has known about the dangers ofpolyurethane foam and the need for safety standards. It’s inexcusable how it has allowed

continued, page 3

Medical Woes

Surgery: Follow Your Own Orders to MinimizeMedical Errorsby Alan Schwartz

The statistics are alarming. According to the U.S. Agency for HealthcareResearch and Quality, there are 195,000deaths annually because of medicalerrors in hospitals, and surgical errorsalone cost patients almost $1.5 billioneach year.

But, from our experience representing individuals who have beenharmed by medical missteps, there are proactive steps you can take to minimize the chance of errors. So, before you or your family memberhead to the operating room, keep these tips in mind.

• Discuss all Details, Ask Lots of Questions. Talk to your doctor aboutsurgery risks and any concerns you may have. Question whetherthere are any medications you should avoid, and if it’s wise to takeantibiotics before and after the procedure to reduce chances of infection.

• Inquire about Anesthesia. Ask your anesthesiologist if you can stay awake during the procedure. Receiving spinal or epiduralanesthesia, if an appropriate option, allows you to respond to asurgeon, but not feel pain. This is important so you can let thesurgeon know if he/she is operating on the wrong body part.

• Avoid Scheduling Surgery on Fridays. Statistically, surgery at week’send leads to the highest rate of complications. And, if complicationsdo develop, they may be treated by unfamiliar physicians and nurses.What’s more, many diagnostic tests are not routinely performed onweekends, oftentimes causing a significant lapse in treatment.

• Mark the Surgery Site. In the appropriate situation, consider markingthe surgery site with a permanent marker to prevent confusion, whichcan happen, over the location of the procedure.

• Confirm the Surgeon Performing the Procedure. Many surgicalconsent forms have a provision permitting not only the surgeon listed on the form, but anyone whom he or she designates to do thesurgery. Verify with your surgeon that he or she will be the only oneperforming the procedure.

• Identify Yourself. To avoid errors in identifying surgical patients, youshould be asked your name several times before and after you go tothe OR. If the hospital personnel are not asking this, you shouldidentify yourself and make sure they confirm the correct procedure.

• Address Post-Surgery Problems Immediately. If you experience anytrouble after the procedure, or if you suspect an error, discuss theissue with your surgeon as soon as possible. If you’re still unsure,get a second opinion.

Following this course will help to cut down the potential risks of surgeryand ultimately protect you and your loved ones.

Partner Alan Schwartz has garnered many million dollar verdicts forvictims of medical negligence. He is currently representing numerousvictims and their families, including a woman whose husband died from a surgical error involving a colon resection for curable colon cancer. The surgeon performing the operation removed the wrong section of the man’s colon, causing ureter injury, infection and bowel injury, leading to his death. Contact him at aschwartz@anapolschwartz.com

Trasylol: The FDA LetThousands a Month Dieby James Ronca

What happens when 1,000 people diewithin a month’s time from a knowndangerous drug (which should have never been on the market)? Nothing.

This is the situation of the highlypublicized Bayer AG’s drug Trasylol®

(generic name Aprotinin, initially used to prevent bleeding in high bleed heart bypass surgery), and a primeexample of how the FDA isn’t protecting public safety.

Despite Bayer studies as early as 1993 showing Trasylol’s toxicity to the kidneys/mortality risks, the FDA approved the drug, and thensigned-off on its expanded use in any type of heart bypass operation.

It wasn’t until independent researcher Dr. Dennis Mangano published a 2006 New England Journal of Medicine study demonstrating Trasylol’shigh mortality risks (as compared to cheaper generics), that the FDAissued a health advisory. Only then did Bayer commission its own study.Ultimately supporting Dr. Mangano’s findings, the study was nevermentioned at an FDA meeting where a vote kept Trasylol alive – itdoesn’t take a CSI cast member to understand the motives behind this.

A 2007 Canadian independent study finally prompted the drug’ssuspension 14 years after the first red flags were raised. (Recently, the drug was totally recalled.) Dr. Mangano estimates approximately 1,000 patients have died each month as a result of Trayslol – and thisstory is just one of a dozen prescription drug stories we could tell.

If drug companies aren’t concerned about the FDA, wouldn’t they beafraid of lawsuits? Wouldn’t they ensure their products’ safety beforebringing them to market? If the FDA isn’t protecting the public wellenough, at least individuals can sue drug companies and rely on theirright to a trial by jury?

That’s not the case anymore. After decades of advocating for publichealth/safety, the FDA is supporting a legal interpretation eliminatingan individual’s right to bring a claim. Yes, the same agency thatignored a red flag for many years and, when reminded, stalled; thatsame agency that doesn’t want a jury to do what it is supposed to do.

continued, page 4

2 Anapol Advocate Fall 2008

Financial LossesWho’s WatchingYour Investments?by Joel Feldman

Oftentimes, no one. And, in a troubled

economy – with the recent financial bailout

and the stock market plummeting – that’s

particularly bad news.

Most investment accounts require the broker

to receive your permission before buying or

selling stocks or mutual funds. But that

doesn’t mean he/she is regularly checking

your investments. When brokerage firms are

sued over account losses, they always argue

that, in non-discretionary accounts, they have

no duty to regularly monitor your account.

That defense has been raised time and time

again in securities arbitrations where the

broker was “asleep at the wheel” and did

absolutely nothing to stop huge losses – a

sign of a risky investment strategy.

However, here are some simple steps you can

take to minimize losses and maximize your

financial health:

• Know your broker. Is your broker qualified?

Has your broker been subject to disciplinary

action or been sued successfully by other

investors? These questions can easily be

answered from the FINRA (Financial

Industry Regulatory Authority) by visiting

www.finra.org under FINRA Broker Check

or calling the hotline at 800-289-9999.

• Determine your investment objectives andrisk tolerance. Brokers are required to invest

your money consistent with your financial

condition, investment objectives and your

risk tolerance. All too often, we see

situations where investors did not want to

take risks with their hard-earned money, yet

the broker recommended very aggressive

investments. This frequently happens when

investors sign blank forms after opening

accounts. Call your broker and ask for

copies of your investment objective and risk

tolerance forms. If they are not accurate,

request investment changes to meet your

goals and comfort level.

• Ask questions, demand answers. Question

whether you’re invested properly. Have your

assets been invested in a number of

different types of investments across a

variety of industry sectors, or has the broker

over-concentrated your investments in one

particular sector, dramatically increasing

your chances of losing money in a

down market?

• Stay in touch. Frequently communicate with

your broker. This prompts review of your

investments on a more regular basis, and

provides you with the service you have paid

for and deserve. If you are not happy with

your broker’s response, go to his/her boss.

Retaining a properly trained broker who

follows basic rules of prudent investing –

and being a diligent investor – will help

prevent most significant stock losses, even

in a down market.

Managing Partner Joel Feldman helps

individuals recover stock market losses, as well

as compensation for injuries caused in nursing

homes and other personal injury matters.

Contact him at jfeldman@anapolschwartz.com

Upholstered Furniture a Fire Hazard: Tips to Protect You, Your Home

continued from page 1

the furniture industry to manufacture highlyflammable products that have claimedthousands upon thousands of lives.

However, the good news is that there aresome manufacturers and retailers, like J.C.Penney and Ikea, that put consumer safetybefore profits by refusing to sell furnitureunless it contains flame retardants – eventhough they are not required to do so undercurrent law. While we await regulations

and hope for more stringent guidelines, here are some life-savings steps you can take now,from purchase point to home, to protect you, your family and your home:

Do Your Homework. Before purchasing a new sofa or chair, read the label. Ensure it says the furniture is manufactured with flame retardant properties. Look for a “UniformFurniture Action Council” (UFAC) label, stating the fabric has smolder resistant qualities. And, check the tag for Cal 116 or Cal 117 Standards. (California is the only state mandatingfoam be flame retardant.) This tag means that the foam is treated with flame retardants.

Keep Your Distance. Keep all possible ignition sources, candles, cigarettes, etc., clear ofupholstered furniture, and ensure that furniture is not too close to any heat sources, such as portable or baseboard heaters.

Get Out, Don’t Put It Out. Upholstered furniture fires grow rapidly, and thick black smokemakes it impossible to see clearly. The gases emitted can incapacitate and kill you withinminutes. (See how a fire spreads at http://www.anapolschwartz.com/videos/products_liability.shtml).

Partner Mark LeWinter, a products safety attorney, represented a family that lost four members in an upholstery-related fire, resulting in a $3.75 million settlement with the manufacturer for failure to provide flame retardants in its fabric/foam. Contact him at mlewinter@anapolschwartz.com

www.AnapolSchwartz.com Anapol Advocate Fall 2008 3

In the Community

The AnapolSchwartzFoundationOur dedication to clients and their families is not limited to advocating fortheir rights in the courtroom. Recognizingthat economic recovery is only part of thehelp that families affected by disablinginjuries or death of a loved one require, we recently created The Anapol SchwartzFoundation to continue our tradition ofcommunity support.

Established as a Donor Advised Fund at the National Philanthropic Trust (NPT)*,the Foundation will assist organizationsreaching out to victims and their families in a variety of ways. Specifically, it willsupport non-profits that provide services to victims and their families, in addition to those committed to funding research,identifying health risks and promotingpatient safety, particularly in the area ofprescription drug treatment. TheFoundation will also assist organizationsworking toward making consumers –whether adults, children, workers, orpersons suffering from illnesses anddisabilities – safer and able to lead betterand more productive lives.

We are contributing an initial $25,000, and will dedicate up to $100,000 from ourrecent Vioxx settlement, and additionalfunds as we win cases on behalf of clientsand their families. And, we plan toannounce the first grantee soon.

Always working to ensure that individualsand their families who have suffered harmare treated fairly and compassionately, theFoundation is a natural extension of ourdedication to championing victims’ rights.

* Anapol Schwartz recommends grants to qualifiedcharities from the Foundation. NPT reviews therecommendation, verifies the charity’s tax-exempt status, and ensures that the grant will beused for charitable purposes. Once this process iscomplete, NPT distributes the grant directly tothe charity.

Trasylol: The FDA Let Thousands a Month Die

continued from page 2

Whether drug companies will have immunity from private lawsuits is presently before theU.S. Supreme Court. In the meantime, the public must demand Congressional action, andtake politics and lobbying out of the FDA. It’s time that safety overrules profits. Think about it.It’s entirely possible that the FDA’s delay in Trasylol resulted in four times as many deaths asoccurred on 9/11. We need to do more than think about it. We need to do something.

* Significant portions of this piece previously appeared in The Philadelphia Inquirer.

Partner James Ronca is co-lead counsel of the national Trasylol litigation, and represents a dozen families and victims. Contact him at jronca@anapolschwartz.com

Contact InfoAnapol, Schwartz, Weiss, Cohan,Feldman & Smalley, P.C.

www.AnapolSchwartz.com

Reach us at 866-735-2792And, find us at…

Philadelphia1710 Spruce StreetPhiladelphia, PA 19103Cherry Hill, NJ1040 Kings Highway NorthCherry Hill, NJ 08034Harrisburg, PA209 State StreetHarrisburg, PA 17101Reading, PA146 North 6th StreetReading, PA 19601Media, PA230 North Monroe StreetMedia, PA 19063

www.AnapolSchwartz.com Anapol Advocate Fall 2008 4