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Page 1: The Verdict

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

VOL 2012ISSUE 1

6 Mass tort lawsuit filed in Costa Concordia cruise disaster

6 9/11 Victim Compensation Fund now accepting claim

7 Helping 9/11 ill and injured an uphill task

8 Firm Partners featured in New York Magazine

8 Life insurance companies may be keeping $1 billion in unclaimed benefits

9 NBRS files arbitration claim against David Lerner Associates for the sale of Apple REITs

9 Helping people file a Social Security Disability claim from the October 2011issue of American Police Beat Magazine

10 Filing a Workers’ Compensation claim if you are ill or injured due to your job

Excerpt:

10 Broker-dealer licensing: Understanding the role and limitations of the Series 6 license

1 Adam J. Gana and Christopher Lufrano: ABA Nomination

1 New office opening and staff growing to serve our clients

1 Attorney Speaking Engagement Recaps

2 NBRS selects MediConnect Global to handle medical record retrieval for high-profile national casework

2 St. John’s Law School Grads join NBRS through Fellowship Program

2 Pain management focus of first lecture in Firm’s professional development program

articlesFeatured

newsFirm

3 How to Download the Free NBRS App!

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

4 Avaira Toric® and Sphere® contact lenses recalled due to risk of eye injury

4 Leg fractures and jaw injuries with Fosamax® and other bisphosphonateosteoporosis drugs

4 Failure of Zimmer NexGen® knee replacement devices

5 Have you taken the antiarrhythmic drug Multaq® and suffered liver damage or cardiovascular event?

5 Abercrombie & Fitch Involved in Gift Card Violations?

5 NuvaRing® Contraceptive Side Effects Lawsuits

safety advisoriesRecalls and

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Adam J. Gana and Christopher Lufrano: ABA Nomination

Nomination for The Alternative/Securities Dispute Resolution Committee

Adam J. Gana, Senior Litigation Counsel and head of the firm’sSecurities and Commercial Arbitration Litigation Department,along with departmental Associate Attorney Christopher Lufrano,have been nominated to the American Bar Association’sAlternative/Securities Dispute Resolution Committee.

The Section of Dispute Resolution, established in 1993, is oneof the ABA’s newest and fastest growing Sections with over19,000 members.

More at http://www.americanbar.org/groups/dispute_resolution/about_us.html

newsFirm

New office opening and staff growing to

serve our clientsAs we begin 2012, we are proud that our national firmcontinues to grow, which increases our ability to service ourclients in a range of practice areas on a more local level.

Welcome to Steven M. Aroesty who joins our firm as theManaging Partner for our new Illinois office.

Our offices in New York, New Jersey, Pennsylvania,California and Florida have also added to their team ofexperienced legal professionals. Napoli Bern RipkaShkolnik LLP would also like to welcome AssociatesBenjamin H. Adams and Kelly McMeekin, as well as allnew Legal Personnel and Staff.

Additionally, we are happy to congratulate our Law Clerkswho recently passed the Bar Exam in various states!

New firm office

ILLINOIS

241 North Main Street

Edwardsville, Illinois 62025

(618) 364-8176

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Attorney SpeakingEngagement RecapsMarc Jay Bern a co-chair at HB Litigation Conference

Gas Drilling Operations Conference & Live Webcast

A panel of experts joined co-chair NBRS Senior Partner Marc J. Bern in Dallas, TX todiscuss the latest hydraulic fracturing (fracking) information. The increased use offracking to extract natural gas from underground rock formations raises environmentaland legal challenges.

Hunter J. Shkolnik spoke at 11th Annual Class Action/Mass Tort Symposium

Presented by the Louisiana State Bar Association (LSBA)

Along with former New Jersey Mass Tort Judge Marina Coredemus, Hunter J. Shkolnik wasa speaker on “Multi-district Litigation and the Parallel State Court Universe: A Practitioner’sGlobal Positioning Guide.” The conference was held in New Orleans in December.

Hunter J. Shkolnik spoke at Harris Martin MDL Conference

NBRS filed the first Actos case in the country

Senior Partner Hunter J. Shkolnik spoke at the Harris Martin MDL Conference:Transvaginal Mesh and ACTOS Litigation in Savannah, Georgia. Mr. Shkolnik focusedon the history, function and problems associated with the type-2 Diabetes Drug Actos.

Hunter J. Shkolnik co-chairs AAJ Litigation Group

The Actos Bladder Cancer Litigation Group

Senior Partner Hunter J. Shkolnik was integral to the formation of the new AAJlitigation group, The Actos Bladder Cancer Litigation Group. Mr. Shkolnik will be co-chairing this important Litigation Group.

The American Association for Justice, also known as the Association of Trial Lawyersof America is a forum for attorneys to share their knowledge and experience throughconventions and teleseminars while continuing their own education in order to bemore successful attorneys for their clients. Mr. Shkolnik recently lead an AAJ ActosTeleseminar which focused on the Type-2 diabetes drug Actos and its link to a 40%increased risk for Bladder Cancer for those patients taking the drug for more than ayear. More at www.justice.org

Adam J. Gana, Esq. a Guest Lecturer at Pace Law School

FINRA Arbitration Discovery

Senior Litigation Counsel Adam J. Gana was a guest speaker at the Investor RightsClinic / Seminar in White Plains, New York.

The focus of the discussion centered on how to properly file an arbitration claim and theprocess and procedures involved with FINRA’s Discovery Process. Mr. Gana shared hisexperience and knowledge on how to best prepare, present and win a case for arbitration.

Adam J. Gana, Esq. lectured at 2011 PIABA Annual Meeting in California

Analysis of Suitability Claims in Product Specific Cases

Senior Litigation Counsel Adam J. Gana was a Guest Lecturer at the 20th Annual PublicInvestors Arbitration Bar Association (PIABA) Meeting in Rancho Mirage, California.

The focus of the discussion centered on how to properly broaden a product-basedarbitration as a claim for suitability. Mr. Gana shared his experience and knowledgeon how to best prosecute a product related case in arbitration with attendees.

Gana Lufrano

©2012 Napoli Bern Ripka Shkolnik LLP Prior results do not guarantee a similar outcome. This publication is for informational purposes only, does not constitute legal advice and may not reflect the most current legal developments. This publication does not createan attorney-client relationship, only a written contract between the parties can establish an attorney-client relationship. Napoli Bern Ripka Shkolnik LLP and all contributing authors expressly disclaim all liability to any person with respect to the contents of thispublication. Imagery used in this publication utilizes fictionalized events or scenes with participation of models. For complete details, read our Terms of Use and Privacy Policy at www.NapoliBern.com

Page 3: The Verdict

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St. John’s Law SchoolGrads join NBRS through Fellowship ProgramLaw school students graduate with a Juris Doctor degree andbegin studying for the Bar Exams, then what? The St. John’sUniversity School of Law Alumni Fellowship Program helps St.John’s graduates with that next step. The program endeavors

to place recent law graduates with a law firm that has analumnus tie to the school.

Over the past year, Napoli Bern Ripka Shkolnik LLP receivednumerous applications through the Fellowship Program. Aftercareful review of resumes, writing samples and interviews, wewere happy to offer positions to Mr. Michael Cohan, Ms. DanielaRapisardi and Ms. Bettina Hollis. Each earned their Juris Doctorin June 2011 and has since passed their respective Bar Exams.

Each St. John’s graduate accepted the offer to join the firm andwe immediately put them to work conducting research on legalissues, drafting memoranda, complaints, drafts and briefs andassisting with court filings. All three graduates agree that thepractical application of what they learned in law school has beeninvaluable in their development of becoming successful attorneys.

”Ms. Hollis, Ms. Rapisardi and Mr. Cohan continue to growmore confident as they learn and develop legal skills. Theyshould feel a sense of accomplishment in knowing that theyare already substantively contributing to cases,” says SeniorPartner Paul J. Napoli, a graduate of St. John’s UniversitySchool of Law class of 1992.

Cohan Rapisardi Hollis

NBRS selects MediConnectGlobal to handle medical record retrieval for high-profilenational caseworkMediConnect Global, one of the first and largest health information exchanges, has signedwith Napoli Bern Ripka Shkolnik LLP (NBRS) to manage the medical record retrieval forhigh-profile national tort cases and other legal casework.

By using RapidRetrieve, MediConnect’s patented record retrieval system, NBRS attorneysare able to quickly request plaintiffs relating to a specific case all at one time. This not onlystreamlines efforts and reduces the amount of time needed to request records for individualcases, but also allows real-time tracking and reporting on each individual record request

from start to finish. Having these medical records is a critical component for the effectivepreparation of each case by NBRS attorneys on behalf of the many plaintiffs - in some casestens of thousands of individuals.

“Due to the sheer volume of records we require for specific cases, such as nationwide torts,it is essential to have a highly efficient solution,” says Paul J. Napoli, senior partner atNBRS. “The easy-to-use online interface allows us to submit multiple record requests at atime, which significantly streamlines an otherwise cumbersome process. MediConnect Global’spowerful technology and excellent service alleviate a tremendous burden for our team,allowing us to focus on other important aspects of each case.”

MediConnect’s secure, cloud-based system enables legal professionals to manage every step ofthe medical record retrieval process in one centralized location. Through this simple onlineservice, they are able to quickly order, track, download and view digitized medical records,while having access to dedicated account managers who provide one-on-one service and support.

“We are honored to provide services to this respected firm on these important cases,” saysAmy Rees Anderson, CEO of MediConnect Global. “The MediConnect team is committed toexecuting case-related medical record retrieval and management with unrivaled speed andprecision, in order to free up the time and energies of our legal clients as they perform theiressential casework.”

Pain management focus of first lecture inFirm’s professionaldevelopment program

Senior Partner Alan S. Ripka instituted a new professional development program at the firmby inviting guest lecturers who specialize in particular fields or industries to speak to attorneysand staff. This monthly program’s goal is to provide expert explanation, presentation anddemonstration of specialties ranging from orthopedics, neurology, physical therapy, life care

planning, emergency room care and biomechanical engineering. Mr. Ripka believes thatthis in-person lecture series offers an opportunity for Q&A and interaction that the associateattorneys and staff would not have during personal research and allows them to becomeaccustomed to interacting with experts.

The first lecture in the program focused on the science and procedures involved with painmanagement. In addition to traditional methods of pain management, the specialist spokeabout modern options that are now available, including percutaneous diseconomies (amedical procedure for the neck and back done via a needle puncture of the skin as opposedto the traditional scalpel approach). The expert further explained the use of epidural injectionsand nerve blocks to alleviate injured parties pain and discomfort.

While expanding their knowledge base to better prepare and prosecute cases, the attorneyshave the opportunity to get to know the expert (witness) who may testify on their client’sbehalf and understand the use of models and blowups associated with the expert’s field.

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safety advisoriesRecalls and

Increased risk of bladder cancerwith #1 diabetes drug Actos®

Actos® (pioglitazone) has been linked to bladder cancer in patients takinghigher dosages or taking the drug more than a year.

Actos (pioglitazone), made by the Takeda Pharmaceutical Company, is in aclass of medications called thiazolidinediones. Actos is the most widely usedmedication for the treatment of type 2 diabetes. Actos sales in the UnitedStates were $3.4 billion in 2009.

Napoli Bern Ripka Shkolnik LLP is pleased to announce that Senior PartnerHunter J.Shkolnik was integral to the formation of the new AAJ litigationgroup, The Actos Bladder Cancer Litigation Group.

In addition to co-chairing this important Litigation Group, Mr. Shkolnik alsolead an AAJ Actos Teleseminar focused on Actos and its link to a 40% increasedrisk for Bladder Cancer for those patients taking the drug for more than a year.

The American Association for Justice (AAJ), also known as the Association ofTrial Lawyers of America, is a forum

for attorneys to share theirknowledge and experiencethrough conventions andteleseminars while continuingtheir own education in order tobe more successful attorneysfor their clients.

People taking Actos may havetaken this drug without knowing

or understanding the bladdercancer risk because the

manufacturer may have failed to

warn them adequately.

In September 2010, the U.S. Food and Drug Administration (FDA) announcedthe agency was conducting a safety review of data from an ongoing ten-yearActos study conducted by the manufacturer to determine if people taking thedrug were developing bladder cancer. An increased risk of bladder cancerwas observed in patients on the highest doses of Actos and those taking thedrug for a long time.

After another study sponsored by the French government found Actosincreased the risk of bladder cancer, regulators in France and Germany feltthe risk was great enough to pull the drug from the market in June of 2011.

Shortly after, the FDA announced it would require the makers of Actos toupdate the Warnings and Precautions of the drug labeling to include awarning that Actos use for more than one year may be associated with anincreased risk of bladder cancer and to provide patients with a MedicationGuide stating the risk. There is currently no Actos recall in the United States.

If you have questions about your Actos prescription, or are experiencing anyof the following symptoms of bladder cancer, you should speak with yourdoctor as soon as possible.

Bladder cancer symptoms:

• Blood in the urine

• Urinary urgency

• Pain on urination

• Back or abdominal pain

If you have taken Actos for treatment of your type 2 diabetes and your doctordiagnosed you with bladder cancer, contact our lawyers now. Pharmaceuticalcompanies may have failed to warn you of the bladder cancer risk associatedwith this drug. Our lawyers have helped thousands of people injured bypharmaceutical drugs. Let us help you too.

On August 2, 2011, our office filed the first Actos case in the country,Jules Berck v. Takeda Pharmaceuticals America, Inc., et. Al. Case No.5:11-cv-01226.

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Download Our FREE NBRS APP:Personal Injury ToolkitIn the event of an accident,the collection of informationfrom the scene is vital

Accidents can occur in an instant. The shock and confusionafterward can interfere with the collection of valuableinformation that could help you in the event of a lawsuit.

It’s Free. It’s Easy. It could save your life.

Napoli Bern Ripka Shkolnik LLP has developed a FREEapplication or “App” for the iPhone and Android calledPersonal Injury Toolkit, a useful and informative tool thatcan help you during the stressful time immediately after amotor vehicle accident, slip and fall, dog bite, on the jobinjury or other accident.

Personal Injury Toolkit App is a user-friendly step-by-stepapproach designed to ensure the capture of information thatcould influence the outcome of your case.

Sometimes, there is no way to prevent an accidentbefore it happens to you, but you can be prepared bydownloading this FREE App easy as 1-2-3!

1) Go to the App Store on your iPhone, iPad, iPod touch(requires iOS3.2 or later) or Market for Android

2) Search for “Personal Injury Toolkit App”

3) Press “Install” and begin to use the App

Here are some of its easy-to-use features:

What to Do - This will guide you through the steps you shouldtake for the collection of information from witnesses, the injuredand others involved in the accident. The information can beeasily entered into fields that have already been set up.

An Automatic GPS Location Recorder - With the click of abutton, your current location, including street names, city,state and country are automatically saved and retrievable.

An Accident Toolkit - This toolkit provides you with a camera,voice recorder, text notepad and drawing pad.

One Step Telephone Calls and Emails - Immediately Dial911 or our law firm with the press of a button. Easily emailall the accident details to our law firm. Napoli Bern RipkaShkolnik LLP’s I Need a Lawyer App also offers moreinformation about our firm and other practice areas we focuson, such as Medical Malpractice, Defective Drugs, ProductLiability, Mesothelioma, Wrongful Death and SecuritiesArbitration and Litigation.

Download Personal Injury Toolkit App App today! Theinformation you collect with this App after an accident couldbe vital to winning compensation for your injury.

Page 5: The Verdict

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Leg fractures and jawinjuries with Fosamax®

and other bisphosphonateosteoporosis drugsDoctors prescribe bisphosphonate drugs to prevent or treat osteoporosis, acondition that causes bones to become weak, brittle and break easily, andPaget’s disease in which bones become soft and weak. These drugs work byslowing bone breakdown, increasing bone density and decreasing the amountof calcium bones release into the blood. While sometimes prescribed for men,doctors most often prescribe these drugs for postmenopausal women.

Bisphosphonate drugs include the following brand names and theirgeneric equivalents:

• Fosamax® (alendronate) and Fosamax® Plus D (alendronateplus cholecalciferol)

• Actonel® (risedronate) and Actonel® with Calcium (risedronateplus calcium carbonate)

• Boniva® (ibandronate)

• Atelvia® (risedronate)

• Reclast® (zoledronic acid)

• Zometa® (zoledronic acid)

People taking bisphosphonates have reported leg fractures includingatypical subtrochanteric femur fractures, fractures in the bone just belowthe hip joint, and diaphyseal femur fractures in the long part of thethighbone. The femur is one of the strongest bones in the body, yet thoseaffected report that the break occurred during normal low impact activity,such as walking or climbing steps. Some patients also reported hip orthigh pain in the months preceding the fracture.

Reports of femur fractures in people taking Fosamax began as early as 2007.In 2008, the U.S. Food and Drug Administration (FDA) contacted Merck &Co. Inc., the maker of Fosamax, about reports of femur fractures associatedwith the drug. However, it was not until October 2010 that the FDA announcedit would require makers of bisphosphonates to warn patients of the risks.

People taking bisphosphonates should also be aware that a study releasedin September 2010 found that people who take these drugs for more thanfive years might have double the risk of developing cancer of the esophagus.

Failure of ZimmerNexGen® kneereplacement devicesPatients who have undergone knee replacement surgerywith Zimmer NexGen® CR-Flex, NexGen® LPS-Flex orNexGen® Complete Knee Solution MIS Tibial Componentsare reporting side effects indicating failure of the device. Insome cases, patients required a revision surgery to removeand replace the failed device.

NBRS is reviewing cases for people affected by defectiveZimmer NexGen knee implants who are suffering pain,loosening of the implant, popping, infection, difficultywalking or standing or fracture of the tibia or femur bones

surrounding the implant, and those who had revisionsurgery due to these problems.

Senior Partner Hunter J. Shkolnik has been appointed tothe Plaintiffs’ Steering Committee In re: Zimmer NexgenKnee Implant Products Liability Litigation (MDL No. 2272)pending in the Northern District of Illinois.

Zimmer Inc. did not test the safety of NexGen devices beforereleasing them on the market. The company gained U.S.Food and Drug Administration (FDA) clearance for thedevices by claiming they were substantially equivalent to adevice already approved for use.

Zimmer knew about problems with NexGen knee replacementimplants as early as 2006 when doctors using the devicesbegan reporting problems. Despite hundreds of reports offailure of the NexGen devices, Zimmer denies there is aproblem with the devices and they remain on the market.

Avaira Toric® and Sphere®

contact lenses recalled dueto risk of eye injury

Avaira Toric and Avaira Sphere contact lenses aremanufactured by CooperVision Caribbean Corp. andprescribed by eye care professionals.

Many users of Avaira Toric contact lenses are reportingserious side effects, including:

• Pain

• Blurry Vision

• Tears of the Cornea

• Corneal Abrasions

The U.S. Food and Drug Administration (FDA) has receivedreports of injury from Avaira Toric contact lenses, includingone report from a user stating that they had to visit a doctorto remove the contact lenses and when the doctor did so,pieces of the eye stuck to the lenses.

CooperVision has found that the manufacturing process leftan unintended residue on the lenses. More than eight

million Avaira Toric contact lenses were affected with theproblem residue. According to the company, only 600,000of the affected lenses were released on the U.S. market.

On August 19, 2011, the company issued a voluntary recallof Avaira Toric contact lenses due to what it said were a “smallnumber of complaints of temporary hazy vision” resulting fromthe residue. The company focused its recall communication toits distributors and eye care professionals and received criticismfrom the FDA for a lack of consumer awareness of the recall.After FDA pressure, the company released a statement onOctober 12 that it was “continuing” the recall and admittedthat it had received reports of some users experiencing severepain with Avaira Toric lenses. Later the company also recalledits Avaira Sphere product for the same defect.

However, news reports of the many people who haveexperienced painful side effects and damage to their cornea fromthis product show the injuries are more serious and widespread.

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NuvaRing®

Contraceptive Side EffectsLawsuits

NuvaRing (Etonogestrel/ethinylestradiol vaginal ring) is a combination

hormonal contraceptive ring inserted into a woman’s vaginato prevent pregnancy. The U.S. Food and Drug Administration (FDA) approved it inOctober of 2001 as the first vaginal birth control ring of itskind, but the product did not come to the U.S. market untilJuly 2002. Organon initially developed NuvaRing. However,the company later became part of Schering-Plough, whichthen merged in 2009 with Merck & Co. Inc.NuvaRing is a flexible polyethylene ring containing estrogen anda form of progestin, which works by releasing a steady dose ofthe hormones into the bloodstream via absorption through thevaginal wall. Women wear the ring for three weeks and thenremove it for one week before inserting a new NuvaRing. Manufacturers of NuvaRing marketed, promoted and advertised

this product to physicians and to the public as equally or moresafe than oral contraceptive pills. They may have failed to warnwomen adequately that NuvaRing is associated with serious andpotentially fatal side effects, including cardiovascular problems,cardiac arrest, blood clots and strokes.NuvaRing is a third-generation contraceptive because itcontains a third-generation progestin called etonogestrel, thebiologically active metabolite of desogestrel. Several studies have shown an increased risk of blood clots withcontraceptives containing desogestrel rather than other types ofprogestins. In November 1995, the FDA stated that, “newstudies indicate about a two-fold increase in the risk of venousblood clots associated with products containing desogestrel.”A 2003 study in The New England Medical Journal and a twoother investigations published in the British Medical Journal in2009 confirmed that women using contraceptives with third-generation progestins were twice as likely to suffer a blood clotthan women taking second-generation contraceptives.NuvaRing may expose women to increased risk of serious orfatal side effects while providing no greater clinical benefitthan second-generation contraceptives.We want to hear from women who have used NuvaRing andexperienced serious side effects such as blood clot, stroke or heartattack, or families of women who died from these NuvaRing sideeffects, who may be eligible to file a NuvaRing lawsuit.

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Abercrombie & Fitch

Involved in GiftCard Violations?

NBRS is investigating claims that the popular clothingretailer Abercrombie & Fitch advertised a gift-card promotion to

its customers during the holidays in December 2009 as having no expiration date, but voidedthe cards on January 30, 2010 and has since rejected use of the cards.

Abercrombie’s 2009 holiday promotion promised consumers that for every $100 worth ofmerchandise they purchased at Abercrombie stores, they would receive a $25 Abercrombiegift card that they could use at any time. The $25 gift cards stated “No expiration date,”yet the company voided the gift cards on January 30, 2010 by eliminating all remainingcredit on the cards, making it impossible to redeem.

If you have gift cards from Abercrombie & Fitch or any other retailers issued in 2009 or laterthat the retailer refused to honor because they say the gift card expired, please contact us.This may be in violation of recently enacted consumer protection laws.

Have you taken theantiarrhythmic drug Multaq®

and suffered liver damage orcardiovascular event?If you or a loved one suffered severe side effects of Multaq®

(dronedarone), you may have cause for a Multaq lawsuit.

Our attorneys are reviewing cases of people who sufferedsevere Multaq side effects or lost a loved one due to sideeffects of this drug.

What is Multaq?

Multaq, made by Sanofi-Aventis, is an antiarrhythmicmedication that helps the heart beat in normal rhythm. Yourdoctor may have prescribed this medication to reduce the

risk of hospitalization if you have atrial flutter (AFL) orparoxysmal or persistent atrial fibrillation (AF), an abnormalheart rhythm, and suffered a recent episode but returnedto a normal heart rhythm or will receive treatment to restorea normal rhythm.

Your doctor may have prescribed Multaq for a use notapproved by the U.S. Food and Drug Administration (FDA),called off-label use, such as the treatment of permanentatrial fibrillation (AF).

People taking Multaq may have done so without knowingor understanding the risks.

Multaq has been linked to potentially fatal liver damage andheart failure and death in some patients. Permanent atrialfibrillation is a condition similar to the conditions the FDAhas approved Multaq to treat. Sanofi-Aventis sponsored aclinical trial called the Permanent Atrial Fibrillation OutcomeStudy Using Dronedarone on Top of Standard Therapy(PALLAS) to determine if Multaq could reduce incidence ofstroke, systemic arterial embolism, myocardial infarction,cardiovascular death or unplanned cardiovascularhospitalization in these patients. After preliminary resultsshowed a two-fold increase in death and a two-fold increasein stroke and hospitalization for heart failure in permanentatrial fibrillation patients receiving Multaq compared to thosetaking a placebo, the PALLAS clinical trial was halted early.

The FDA made a safety announcement in July 2011 lettingdoctors know that the agency was reviewing thesepreliminary results of PALLAS. In December 2011, Sanofi-Aventis updated the labeling to include a black boxedwarning, the FDA’s highest warning, stating that peoplewith heart failure or permanent atrial fibrillation should nottake the drug because it doubles the rate of cardiovasculardeath, stroke and heart failure.

In January 2011, Sanofi-Aventis also updated the labelingof Multaq to warn of the risks of liver injury after reports ofserious liver damage in some patients, including twopatients who suffered acute liver failure requiring a livertransplant.

You may have a Multaq lawsuit if you, or a familymember, suffered any of these side effects while takingthe drug:

• Liver damage

• Liver failure resulting in death or need for a livertransplant

• Heart failure

• Heart attack

• Stroke

• Death from cardiovascular event

• Other serious Multaq side effects

Page 7: The Verdict

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articlesFeatured

Mass tort lawsuit filed in Costa Concordiacruise disasterNapoli Bern Ripka Shkolnik LLP, Proner& Proner PC and the Italian consumergroup Codacons filed a mass tort lawsuitin Miami, Florida against CostaConcordia and its parent companyCarnival Corp. on behalf of hundreds ofvictims of the cruise liner disaster.

Napoli Bern Ripka Shkolnik LLP, a nationally known lawfirm with headquarters in New York City and Proner &Proner PC, a New York law firm, and the Italianconsumer group Codacons filed a mass tort lawsuit inMiami, Florida against Costa Concordia and its parentcompany Carnival Corp. on behalf of hundreds of victimsof the cruise liner disaster. The law suit is open topassengers of all nationalities and is focused onobtaining full compensation for passengers and crewmembers for personal injuries, pain and suffering,emotional distress, death and property damages.

“The law suit has been filed,” said Marc J. Bern, Senior

Partner at the law firm of Napoli Bern Ripka ShkolnikLLP, “We are seeking full compensation for theindividuals we represent.”

The Costa Concordia collided with rocks off the coastof Tuscany on January 13, 2012. At the time of thecollision, the Costa Concordia was carrying 4200people, 3200 passengers and 1000 crew members.16 Passengers remain missing and are presumeddead. While Captain Francesco Schettino is currentlyunder house arrest and faces possible charges ofmanslaughter, shipwreck and abandoning ship, theship will most likely remain hazardously on its side

while its removal method is determined.

The law firms have been contacted by hundreds ofpassenger victims and crew members who describe thesituation as having been chaotic. “The sheer terror ofbeing on a ship of that magnitude going down, youcannot begin to imagine the psychological damage,”said Bern, “and adding insult to injury, the conductof Carnival Lines in responding to this disaster hasbeen nothing short of outrageous. We believe thereckless conduct of the Captain and the cruise line willultimately subject the defendants to punitive damagesin this matter.”

9/11 Victim CompensationFund now accepting claimsPresident Obama signed the James Zadroga 9/11 Health and Compensation Act of2010 (Zadroga Act) into law on January 2, 2011. In the last year, we saw greatprogress in the administration of this law, beginning in May when the U.S. AttorneyGeneral appointed Sheila L. Birnbaum as Special Master of the September 11thVictim Compensation Fund (VCF). In June, she issued proposed regulations andreviewed public comment before announcing the Final Rule governing the fund onAugust 29th.

The Final Rule requires the VCF to maintain a list of presumptively coveredconditions that resulted from the air crashes or debris removal. Only health

conditions listed in Title I of the Zadroga Act, or those determined by the WTC HealthProgram to be WTC- related, are included on the list.

Like First Responders, we were disappointed to see that cancer was not included onthis list. However, Special Master Sheila L. Birnbaum has vowed to add conditionssubsequently identified as WTC-related by the WTC Health Program. We will do allin our power to lobby for and work towards obtaining VCF coverage for cancerclaims.

On October 4, 2011, the VCF officially reopened and began accepting claims. Thosewho currently suffer from a listed WTC- related condition have until October 03,2013 to file a claim. Others will have two years from the date on which they knowor should have known they have a WTC-related condition.

We can help you file your VCF claim. The Zadroga Act also set a cap on the fees anattorney may charge to handle a VCF claim.

Page 8: The Verdict

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Helping 9/11 ill andinjured an uphill taskFrom the October 2011 issue of American Police Beat

Despite challenges, attorneys Bern andNapoli are waging a war for justice forfirst responders

No one was surprised when eight yearsago, a police officer who hadcontracted cancer while working on thesearch and recovery effort at the WorldTrade Center site knocked on the doorsof Napoli Bern when he had nowhereelse to turn.

Marc Bern and Paul Napoli met with theofficer. It turns out he had gone to seeseveral other attorneys and none ofthem would take his case.

Marc and Paul have been friends andcolleagues for a long time. Their lawfirm goes to bat for people who havebeen seriously injured by harmful drugs,chemicals and other toxic substances aswell as those who have been victims offinancial fraud.

They have been squaring off againstsome of the most powerful interests in theU.S., if not the world, for tens ofthousands of victims for close to 30 years.

“We have represented clients who havebeen harmed by diet drugs, pregnantmothers who were prescribed anti-depressants like Paxil and then gavebirth to babies with serious deformities,and people who developed cancer afterbeing exposed to ionizing radiationspewing out of a nuclear power plant,”Bern explains.

During his career, Marc has tried morethan 100 cases before a jury and has wonhundreds of judgments in excess of $1million each for sick and injured people.

“We are very proud that we have beenable to win generous financialsettlements over the years on behalf ofpeople who have come to us for helpafter suffering a wide range of injuries,”Paul Napoli says. “It’s a track record weare proud of.”

“When that police officer showed up atour door the Victims CompensationFund had been closed,” Marcexplained, “people like this officer hadno way to get compensation for theserious illnesses they were getting.”

“We could understand why the otherlawyers were reluctant to take thesebattles on,” Bern continued. “Thesecases are incredibly expensive topursue. It’s very difficult to provebeyond a doubt that a cancer or other

illness was caused by exposure to aspecific toxic substance.

“On top of that you are going upagainst some formidable foes like NewYork City who have enormous resourcesat their disposal. But on September 11our offices were half a block away fromthe site. We had a constant reminder ofthe attacks and we felt it was our dutyand obligation to try and get justice forNew York City’s Bravest and Finest.”

Shortly after that first police officerapproached Marc and Paul aboutrepresentation, the flood gates opened.Eight years later the firm is representingthousands of police officers and other firstresponders who became ill after workingat the site in lower Manhattan and theFresh Kills Landfill in Staten Island.

Their work, which both Marc and Paulagree has become more like a mission,has been costly and if they don’t win asettlement on behalf of the client, thefirm does not recoup the millions ofdollars – now close to $35 million –they spent on the complicated litigation.

While the total monetary investmentmade by Napoli Bern has topped $35million, the personal sacrifices – longhours and time away from their families– have been great as well.

The legal requirements were extremelycomplicated. Each of the cases had tobe filed separately. The firm spent$3,200,000 just on filing fees and thatwas just for starters.

Medical records for each person had tobe gathered, hundreds of expertwitnesses were hired, payments forspecial masters had to be made,database experts worked round theclock. It was an overwhelming amountof work. But they kept at it.

“What kept us going were the peoplewe met,” Paul said. “One of our clientstold us that when he was growing up hewanted nothing more than to work as aNew York City cop. As a police officerhe spent some time at Ground Zero. Ashort time later he collapsed whilechasing a perp. His lungs gave out.Before September 11 this guy had beena boxer. He had an incredibly active life.

“Doctors discovered his lungs had beenseverely impacted by the toxins he wasbreathing at the site and he was told hewould probably need a double lungtransplant. His health continued todecline and he had to retire. The sadthing is there are thousands more justlike him.”

The good news is that Marc and Paulhave been very successful.

They were able to get compensation forpeople with certain types of cancers andthey won a settlement of $800 millionto be shared by the 10,000 people theyrepresent.

Today the firm is busy advocating onbehalf of people who are entitled tocompensation from the James ZadrogaAct, which was signed into law byPresident Obama in January.

Both Marc Bern and Paul Napoli saythey have been continually inspired bythe heroic and selfless actions on thepart of the public safety personnel whoresponded to the attacks of 9/11,including the 3000 police officers theyrepresent.

Their desire to see that the real heroesof 9/11 would always be rememberedprompted them to make a generous giftof $200,000 to the New York CityPolice Museum in May.

“We are committed to making sure thatthese heroes will never be forgotten,”Paul says. “We have a great policedepartment and the Hall of Heroes atthe Police Museum will be a lastingtribute to those brave men and womenwho served us so well ten years ago onSeptember 11.”

Their desire to see that the realheroes of 9/11 would always be

remembered prompted them to makea generous gift of $200,000 to the

New York City Police Museum in May.

Page 9: The Verdict

Life insurance companies may bekeeping $1 billion in unclaimed benefitsLife insurance policyholders should have peace of mind that they have made arrangementsproviding financial stability for their loved ones after they pass away. Unfortunately, theirdesignated beneficiaries may not be receiving the benefits they are entitled due to unfairpractices by certain life insurance companies.

Life insurance companies may not be doing enough to identify deceased policyholders andmake payouts to their designated beneficiaries. Several state regulators, along with the NationalAssociation of Insurance Commissioners, are looking into these practices and the failure ofinsurance companies to turn unclaimed insurance policy proceeds over to the state as required.According to one Florida regulator, “Life insurers may be keeping $1 billion in unclaimedbenefits owed to policy holders, beneficiaries or states.”

Persons who are 65 years of age or older and have “whole life” or “universal life insurance”with any life insurance company may find their death benefits and beneficiaries’ rights at risk.People who have lost a loved one may not even know they are the policy beneficiaries and areentitled to these benefits.

Napoli Bern Ripka Shkolnik LLP is currently investigating claims into the payment practices ofthese life insurance companies.

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Firm Partners featured inNew York MagazineNapoli Bern Ripka Shkolnik, LLP is a nationally known and well-recognized law firm that focuses on all types of catastrophic injury,consumer class actions, asbestos, and toxic environmental cases. Thefirm’s dedicated and hardworking lawyers are led by Paul J. Napoli,Marc J. Bern, and Alan Ripka, as well as Hunter J. Shkolnik, whojoined the firm as a senior partner.

All four senior partners are accomplished trial attorneys with theexpertise to handle the most complex cases in personal injury, masstorts, securities, asbestos, and consumer class actions. Shkolnik hasspecialized in litigating significant personal injury cases involving drug,medical device, automobile, heavy truck- and aviation related productliability, and medical malpractice actions for 25 years. His decisionto join the firm stemmed from his respect for its successes, legal talent,

and resources, as well as the integrity and work ethic of its partners.

In addition to adding a new senior partner, the firm recently openedthree new offices in Florida, California and Illinois. “With HunterShkolnik as a senior partner, and the addition of three new offices,we’ve brought greater depth to our practice, and we are now ableto better serve our clients. At the same time we are expanding ourteam of skilled attorneys and staff, which our clients have alwaysdepended on,” Mr. Napoli says.

Since Napoli and Bern founded the firm in 1997, it has settled nearly$3 billion worth of claims on behalf of its clients. Much of the firm’ssuccess has been established by taking on difficult or unpopular casesthat other lawyers would not or could not handle. Led by senior partnerNapoli, the firm recently settled the groundbreaking and historic WorldTrade Center litigation for $817 million, after eight years of hard foughtlitigation on behalf of 10,000 rescue and recovery workers whodeveloped illnesses caused by exposure to toxic dust.

The firm’s impressive track record is also a product of its ambition tobe at the forefront of litigation. Senior partner Bern and the firm werethe first to file a lawsuit against Takeda Pharmaceuticals over thecompany’s diabetes medication Actos for causing bladder cancer. Thefirm’s securities and commercial litigation department also recentlyfiled an arbitration claim against David Lerner Associates, Inc. forviolations in connection with the Apple Real Estate Investment Trusts.The firm is active in environmental cases, having represented morethan 25 municipalities and cities in New York, Rhode Island, andFlorida in the MTBE litigation against most major gasoline and oilcompanies for contaminating underground water supplies. Currentlythe firm is focusing its efforts on suing gas companies forcontaminating water and air from gas drilling operations and fracking.

While results are important to the firm, it is also very involved in givingback to the community. Attorneys at the firm have made significantdonations to the Hall of Heroes at the New York City Police Museum,the 9/11 Responders Remembered Memorial Park, the FealGoodFoundation, and the Remembering 9/11 exhibit at the InternationalCenter of Photography.

Page 10: The Verdict

Helping people file a SocialSecurity Disability claimThe process of filing a Social Security Disability claim can belengthy and overwhelming. The complicated applicationprocess may take as long as several years and involvesexamination by healthcare providers and compiling all thenecessary medical history documentation and paperwork

needed in order to prove your physical or mental disability tothe government.

The government has a very strict definition of “disability” andthe guidelines associated with receiving social securitydisability benefits are extensive. The government denies 64%of initial disability claim applications. Sadly, it often deniespeople who deserve disability benefits simply because they didnot provide the proper evidence proving their disability.

There are options if your Social Security Disability claim isdenied, including requesting a Reconsideration and presentingthe claim before an Administrative Law Judge, AppealsCouncil and ultimately to a Federal District Court. You havethe right to have an attorney represent you.

If you or someone you know needs to file a Social SecurityDisability claim or has filed a claim and been denied, contactus today. Our attorneys can assist you by handlingcommunications with the Social Security Administration(and/or state agencies), filling out the necessary paperwork,working with your health care providers to ensurecomprehensive medical fact gathering, requestingReconsideration if the initial claim is denied, and byrepresenting you before an Administrative Law Judge or Courtif necessary.

9

NBRS files arbitration claimagainst David LernerAssociates for the sale of Apple REITSNapoli Bern Ripka Shkolnik, LLP (NBRS) filed an arbitrationclaim on behalf of an elderly beneficiary of a trust againstDavid Lerner Associates, Inc. (”David Lerner”) for unsuitablerecommendations, misrepresentations and other violations inconnection with the Apple Real Estate Investment Trusts (REITs).

Since 1992, David Lerner has earned nearly $600 million incommissions for selling the Apple REITs.

NBRS is currently investigating Apple REIT Six, Apple REITSeven, Apple REIT Eight, Apple REIT Nine and Apple REIT Ten,which almost exclusively invested in extended stay hotels.According to the complaint, the Apple REITs are alleged to beimproperly valued and were sold to investors throughmisleading practices.

On May 27, 2011, Financial Industry Regulatory Authority’s(FINRA) Department of Enforcement filed a complaint againstDavid Lerner for the sale of the Apple REITs and alleged DavidLerner targeted unsophisticated and elderly customers,recommended unsuitable investments without adequate duediligence, made material misrepresentations and omissions,and maintained unfair trade practices. According to FINRA’scomplaint, David Lerner priced the Apple REITs on client’sstatements at $11 per share despite major fluctuations in thecommercial real estate market, net income declines, increased

leverage through borrowings, and return of capital to investorsthrough distributions. The beneficiary of the trust, like manyother investors, allegedly was not made aware of these risksand now sues to recover the initial investment.

The law offices of Napoli Bern Ripka Shkolnik, LLP areavailable to represent defrauded David Lerner and Apple REITinvestors. Our attorneys have successfully representedthousands of investors in claims against their brokers andbroker-dealers for claims, including suitability,misrepresentation and/oromissions, churning,negligence, breach ofcontract, breach offiduciary duty, and otherviolations of the law. Ifyou invested in:

• Apple REIT 6

• Apple REIT 7

• Apple REIT 8

• Apple REIT 9

• Apple REIT 10

Call Napoli BernRipka Shkolnik, LLPtoday for a freeconsultation.

Page 11: The Verdict

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Broker-dealer licensing:Understanding the roleand limitations of theSeries 6 license

By Adam J. Gana, Esq., and Adam Weinstein, Esq.

Napoli Bern Ripka Shkolnik LLP

View this article in its entirety at:http://www.nbrlawfirm.com/Newsletters

Broker registration is the “keystone” of broker-dealerregulation.1 The registration requirements aredesigned to ensure that “securities are [only] sold by asalesman who understands and appreciates both thenature of the securities he sells and his responsibilitiesto the investor to whom he sells.”2

Despite the importance of registration, it is a subjectthat causes confusion among investors and even somefinancial advisers. Further, the securities law

surrounding broker registration is confusing and insome ways contradictory.

Brokers are only permitted to conduct business and sellsecurities covered by the licenses the broker maintains.This article explores the conflicts in the licensing systemand whether the system achieves its primary goal: toinstill public confidence that brokers are properly trainedand qualified to recommend securities to investors.

THE REGISTRATION REQUIREMENT

The Securities Exchange Act of 1934 creates anexpansive broker-dealer registration requirement thatrequires all people who interact with the publicregarding securities to register, not just people whoactually recommend securities transactions.3Accordingly, the registration requirement ensures thatall people who deal with the public concerning the saleof securities meet minimum competency requirements.

Courts examining the registration requirement underthe Exchange Act have cited strong policyconsiderations for requiring broker registration. InEastside Church of Christ v. National Plan the 5th U.S.Circuit Court of Appeals explained:

The requirements that brokers and dealers register is ofthe utmost importance in effecting the purposes of the[Exchange] Act. It is through the registrationrequirement that some discipline may be exercised overthose who may engage in the securities business andby which necessary standards may be established withrespect to training, experience, and records.4

In addition, courts have stated that even minimum andancillary contacts with the investing public require

registration. For example, in Exchange Services v.Securities and Exchange Commission, the 4th Circuitupheld an SEC order and the National Association ofSecurities Dealers’5 decision that required discountbrokerage employees to register. The court found thatany employee interactions with the public regarding thepurchase of securities required registration even thoughthose interactions represented only a small fraction ofthe employees’ responsibilities.6

“The regular and continuous contact order takers havewith the public is reasonable rationale for the policy,”the court said. “These personnel may stray from theirlimited duties during public contact, resulting in harmto investors. Such risk and the overriding concern forprotection of public interest are sound bases for theSEC’s reliance on the policy denying exemption statusfor the order takers.7

It is clear the Exchange Act broadly requires people toregister when communicating with the public andconducting brokerage activity.

However, the creation of various registration licensetypes, each covering only certain products, complicatesregulatory and compliance requirements and creates aconflict between limiting broker qualifications byproduct type and ensuring that brokers are minimallycompetent to deal with the public.

Continue reading at: http://www.nbrlawfirm.com/Newsletters

Despite the importance of registration,it causes confusion among investorsand even some financial advisers.

Gana Weinstein

Filing a Workers’Compensation claim if you are ill or injureddue to your jobBeing injured on the job or having an occupational disease can lead to financial hardshipfor your family.

Unfortunately, no employee is immune to work related injury or disease. While theconstruction industry has the highest number of workplace injuries, employees can sufferinjuries in any work environment, even an office. Workplace injuries are usually the resultof sudden events. However, occupational diseases often progress over time due to cumulativeexposure on the job. Both can be permanent or even fatal.

If you suffered an on the job injury or work related disease, you may eligible to file a workers’compensation claim. Employers carry a workers’ compensation insurance policy to providewage replacement, medical care and in some cases death benefits to the family.

The process of filing your claim will depend on whether you work for a private company orlocal, state or the federal government, as well as ever-changing worker’s compensation

laws. These parameters will determine the time-period you have in which to notify youremployer and the statute of limitations on filing a formal workers’ compensation claim.

You or your family could lose valuable benefits if you make mistakes in navigating thecomplex workers’ compensation claim process. You have the right to have an attorneyrepresent you.

Page 12: The Verdict

PERSONALINJURY

FDA & PRESCRIPTION

DRUGS

MEDICALMALPRACTICE

MOTORVEHICLE

ACCIDENTS

PRODUCTLIABILITY

ENVIRONMENTALLITIGATION

ASBESTOSINJURY

SECURITIES AND COMMERCIALLITIGATION

WORkERS’COMPENSATION

SOCIALSECURITY

DISABILITY

LABORLAW

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The Empire State Building350 5th Avenue, Suite 7413 • New York, NY 10118

www.NapoliBern.com • 1-888-529-4669

Representing clients nationwide with offices in New York, New Jersey, Pennsylvania, Florida, California and Illinois

What our clients are saying:

“I want to thank you and your team for a satisfactory outcome of an issue that required me to step outside of my confront zone. i.e. The need to engage the Financial Industry Regulatory Authority (FINRA) to remind a tier one financial services company that it mismanaged

my retirement accounts. I recommend your service to anyone that had a bad experience with a financial services company.” — B.R.

“Received my check in the mail yesterday. The hypothetical became reality. Kudos and thanks to you and the firm for your creative work and persistence, which paid off for you and your clients. Well done. Thanks again.” — T.S.

“Thank you and all your staff for your collective quality service and obvious expertise in dealing so successfully in our claim.” — GEB

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