The Verdict

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2011 Fall Issue

Transcript of The Verdict

  • VERDICT is a Publication of the Law Firm of Napoli Bern Ripka Shkolnik LLP


    6 Remembering those whose lives were lost and those who gave their lives

    7 Senior Partner Marc Jay Bern named to The New York City Police Museum Board of Trustees

    7 Battlement Mesa Class Action Filed against Oil and Gas Industry

    8 Have you lost money in the market?

    8 Alan Ripka teaches CLE class on jury selection


    9 Compensation through legislation for 9/11 responders and victims:An analysis of Zadroga

    10 A plaintiffs primer on litigating natural gas cases

    1 The Firm adds Senior Partner Hunter J. Shkolnik, Esq.

    1 As we grow & expand, so does our name & look

    1 Verdicts and Settlements

    2 We are Super Lawyers

    2 Esquire Bank offering Settlement Rewards Checking for our clients



    3 Increased risk of bladder cancer with #1 diabetes drug Actos

    3 Women report serious complications with transvaginal mesh

    4 Study finds sexual dysfunction from Propecia may be permanent

    4 Leg fractures and jaw injuries with Fosamax

    and other bisphosphonate osteoporosis drugs

    5 Birth Defects with SSRI drugs such as Zoloft and Paxil

    safety advisoriesRecalls and

  • newsFirm

    The Firm adds Senior PartnerHunter J. Shkolnik, Esq.

    After more than fifteen years as aSenior Partner in the New Yorkpersonal injury firm Rheingold, Valet,Rheingold, Shkolnik & McCartney,LLP, Hunter Shkolnik Esq. has joinedNapoli Bern Ripka, LLP as a SeniorPartner of the firm, which willhenceforth be known as Napoli BernRipka Shkolnik, LLP.

    Mr. Shkolnik led the complex andmass tort litigation team at Rheingold, Valet and he has longbeen active nationally as a leader in Pharmaceutical and MassTort litigations, said Senior Partner Paul Napoli. We expectthat he will continue to do so in the future.

    Mr. Shkolnik has concentrated his areas of practice to the trialof significant personal injury cases primarily in the area ofdrug, medical device, automobile, heavy truck and aviationrelated product liability and medical malpractice actions.

    He serves as a chairman, leader or court appointedrepresentative on Plaintiffs Steering Committees in variousconsumer class actions and drug and medical device masstort litigations including:

    In re: Toyota Sudden Acceleration Litigation 10:2151:Member, Liaison Counsel Committee For Personal Injury

    and Wrongful Death Claimants

    In re: Oral Sodium Phosphate Solution - Based ProductsLiability Litigation 09:2066 Co-Lead Counsel

    In re: Medtronic Sprint Fidelis Lead Litigation Member,Plaintiffs Steering Committee

    In re: Kaba Simplex Locks Marketing and Sales PracticesLitigation

    In re: POM Wonderful LLC Marketing and Sales PracticesLitigation

    In re: Medtronic Implantable Cardiac DefibrillatorsLitigation 05:1726 Member, Plaintiffs SteeringCommittee

    In re: Guidant Corp Implantable Defibrillators ProductsLiability Litigation 05:1708, Plaintiffs Steering Committee

    In re: Nuvaring Products Liability Litigation

    New Jersey Levaquin Mass Tort Litigation-Discovery Co-Chair; New Jersey Nuvaring Litigation-Liaison Counsel

    Co-Liaison Counsel New Jersey Metaclopromide MassTort Litigation.

    Hunter was also a member of the Plaintiffs SteeringCommittee and a lead counsel in the N.Y. Diet Drug/Phen-Fen litigation; a member of the Plaintiffs Steering Committeeand a lead counsel in the N.Y. Sulzer Inter-Op Hip and KneeImplant litigation.

    Shkolniks diverse experience, combined with that of NapoliBern Ripkas other Senior Partners and Associate Attorneys willmake the firm an even more powerful voice in the legalcommunity, said Senior Partner Marc Jay Bern.

    new firm offices:

    FLORIDA2665 S. Bayshore Drive Suite 220Coconut Grove, FL 33133

    CALIFORNIA2361 Rosecrans AvenueSuite 450El Segundo, CA 90245

    verdicts and settlements$816.45 Million Settlement of Injuries sustained byFirefighters, Police Officers and Construction Workers atGround Zero from Toxic Dust

    $52 Million Settlement for Environmental Contaminationof Municipal Water Supplies of MTBE by Petroleum Refinersand Retailers

    $9.4 Million Verdict for a motor vehicle accident victimwho required multiple surgeries

    $7 Million Verdict for an individual who suffered knee,back and shoulder injuries in a three-car-end- motorvehicle collision

    $2.5 Million Settlement against an investment advisorfirm for breach of their fiduciary duties to their clients

    $1.3 Million Settlement on behalf of clients for theunlicensed sale of securities

    $1.25 Million Settlement during a medical malpractice case

    $1+ Million Settlements for people injured as a resultsof being administered the defective drug Trasylol duringheart Surgery

    $3.6 Million Settlement for a Floridian town whosegroundwater was contaminated from a chemicalmanufacturing plant and industrial properties

    $2.75 Million Settlement for air contamination in aFloridian county

    As we grow & expand, so does our name & lookIt has been a busy few months. We are proud of and fortunate for the growthof the firm. With the addition of new Senior Partner Hunter J. Shkolnik Esq.and offices opening in Florida and California, we recognized that the timingwas right to re-introduce ourselves with new branding.

    While people will see a change in our logo and website, they should also beassured that we are the same team of skilled attorneys they have dependedupon in the past. As our list of clients grows, so must our team of experiencedand dedicated legal professionals. We would also like to welcome AssociatesBora Song, Kevin Lawner and Nicholas Farnolo to the firm.This quarterly newsletter is a great way to stay-in-the-loop about Napoli BernRipka Shkolnik LLP. However, for up to the minute news, please visit us on theweb at or LIKE us on facebook.


  • Offering Settlement Rewards Checking for Our Clients

    Esquire Bank has developed a program for our clients called SettlementRewards Checking. With Settlement Rewards Checking, clients receivesettlement awards on a bank debit card instead of by check. Sometimesthe process of printing checks and sending them by US mail can take aweek or more. A key benefit of the bank debit card is that you will haveaccess to each payment as soon as it is posted to your debit card andyou will start receiving interest on your money right away.

    Once you have opened a Settlement Rewards Checking Account, anyadditional monies you receive from a settlement will be depositedinto your account.

    We believe that this could be a good opportunity for clients but thechoice is up to you. If you do not want to take advantage ofSettlement Reward Checking, you do not have to do anything. Thefirm will continue to issue your settlement funds in the form of aprinted check sent to you by US mail and you can deposit the checkwherever you wish.

    For more information please call Esquire Bank directly at 800-996-0213 and ask to speak with a Settlement RewardsChecking Specialist.

    Settlement Rewards Checking at a glance: Free, Interest Bearing Account No Minimum Balance Requirement No Monthly Fees You can move funds to another bank without restrictions Online Banking Free Telephone Customer Support

    To enroll: Go to Click on Settlement Debit Cards in the lower right corner Click Plaintiffs Click Settlement Rewards Checking

    Call us for a FREE CONSULTATION Follow Us on facebook

    We are Super LawyersSuper Lawyers, an independent rating firm, has awarded our Senior Partners Paul J.Napoli, Marc J. Bern and Hunter J. Shkolnik the designation of New York Super Lawyers

    and recently named Senior Litigation Associate Adam J.Gana to their New York SuperLawyers Rising Stars List. The final published New York Super Lawyer list represents onlythe top 5% of lawyers in the state that have met their stringent qualifications.

    Super Lawyers develops a list of outstanding lawyers from more than 70 practice areaswho have attained a high degree of peer recognition and professional achievement. Thepurpose of this list is to provide a reliable resource of outstanding attorney names to theconsumer searching for legal counsel.

    Candidate Selection Each candidate is subjected to a rigorous, multiphase rating process. For a lawyer to beeligible for consideration for such an honor a peer must formally nominate them, or theymust be chosen by the Super Lawyer staff during in their Star Search or nominatedinformally by a Super Lawyers Magazine readers or clients.

    Candidate Evaluation Process Each candidate receives award points based on twelve indicators of peer recognitionand professional achievement:

    Verdicts and Settlements


    Representative Clients


    Honors and Awards

    Special Licenses & Certifications

    Position within law firm

    Bar and or other professional activity

    Pro Bono and community service as a lawyer

    Scholarly lectures and writings

    Education and employment background

    Other outstanding achievements

    Paul J. Napoli, a Senior Partner in the firm, is nationallyknown as a tenacious and unrelenting advocate for hisclients rights in courts around the country, where heconsistently achieves results in the multiple millions ofdollars for injured plaintiffs. Mr. Napoli has been namedin New York Super Lawyers each year since 2007, and in2010, was named as one of the top 100 lawyers in theNew York Metro Area.

    Senior Partner Marc J. Berns legal career spans over 35years, in which time he has tried more than 100 cases tojury verdict and has set