Geron Evanson

Recently, Lipsitz & Ponterio had the opportunity to sit down and discuss the good old days in the City of Tonawanda with Donald Holdaway, a longtime volunteer firefighter.

You may have been diagnosed with mesothelioma or another asbestos-related disease because you were exposed many years ago to asbestos-containing materials while working at one of the plants along the River Road.  Even if you never handled this material yourself, you may have been exposed to harmful concentrations of asbestos because your co-workers handled or installed asbestos-containing products.

Lipsitz, Ponterio & Comerford recently obtained over $3 million in a settlement for a local union boilermaker for injuries resulting from job-related exposure to asbestos.

Regular skin contact with rubber products poses a risk of allergic contact dermatitis to a small but significant percentage of the population. Unless it is diagnosed and treated early, this type of dermatitis can result in total and permanent disability.

As our firm continues to grow, we are pleased to welcome new staff members to our office: Ian Buchalski, Charmain Jozwiak, and Courtney Bajdas.

Starting in 1985, wrecking crews began to demolish the buildings that made up the old General Motors’ foundry on Irene Street in the Town of Tonawanda. Since the 1970’s, government regulations have required that all asbestos be removed from a building prior to its demolition.

Lipsitz & Ponterio recently represented a gentleman from Holland, Michigan, who died at the age of 63 as a result of malignant mesothelioma. Our client worked at the General Motors/Chevrolet Foundry on River Road in Tonawanda, New York, from 1966 to 1984.

John N. Lipsitz, Esq, is a founding partner of Lipsitz & Ponterio. Since 1985, he has represented workers suffering from industrial diseases, such as mesothelioma and asbestosis.

This summer, a Buffalo jury delivered a $3 million verdict in the case of a former Ashland Oil employee who was diagnosed with mesothelioma caused by his job-related exposure to asbestos.

Lipsitz, Ponterio & Comerford recently launched a campaign to raise funds for Roswell Park Cancer  Institute (RPCI). For every new page “like” that Lipsitz, Ponterio & Comerford's Facebook page receives, the firm will donate one dollar to RPCI for its research focusing on asbestos-related cancers, including mesothelioma and lung cancer. 

In October 2013, Lipsitz & Ponterio obtained a substantial settlement for the family of a former Bethlehem Steel laborer. Our client, a resident of Hamburg, New York, worked as a furnace helper in the #3 Open Hearth Mold Yard. In the fall of 2012, at the age of sixty-seven, he was diagnosed with malignant mesothelioma.

In October 2013, Lipsitz & Ponterio reached a sizeable settlement for the family of a long-time employee of a local blacktop manufacturer.  This case illustrates the hazards of working with coal tar, a by-product of the coking process.

The attorneys at Lipsitz & Ponterio recently embarked on a new journey by filming several on-location videos at a variety of asbestos-contaminated job sites throughout Western New York. Many men and women who worked at these facilities were exposed to asbestos dust created by the application, removal, wear and tear and replacement of asbestos-containing materials.

Most people don’t resist the temptation to start collecting Social Security benefits as early as they are eligible, that is, at age 62.  On the other hand, experts generally suggest that you wait as long as you can to commence benefits, even as late as age 70, the reason being that the increase in monthly payments between those starting at age 62 and age 70 is close to 75%.

Michael J. Jarosz has joined Lipsitz & Ponterio as an associate attorney. Mr. Jarosz will focus his practice on asbestos and mesothelioma litigation, childhood lead poisoning and workers’ compensation matters. 

Since 2005, Ms. Joynt has been a key member of the firm’s lead practice group, which represents children suffering from lead poisoning. Anne has also practiced in the areas of asbestos litigation and personal injury.

In October 2012, a jury in Buffalo, New York, delivered a verdict in the amount of three million dollars to the family of Gerald Suttner. In the fall of 2010, Mr. Sutter, age 76, was diagnosed with mesothelioma caused by his job-related exposure to asbestos-containing products.

The Tonawanda Coke Corporation, a local coke producer, has been in the news recently because of a federal prosecution for violations of the Clean Air Act. The plant discharged industrial wastewater containing cyanide, ammonia and naphthalene into the local sewer system and storm sewers that lead to the Niagara River. Improper handling of coal tar sludge also contaminated soil in the area.

Lipsitz & Ponterio has the privilege of representing the families of workers who died as a result of the conditions at Tonawanda Coke.

After a week-long trial in September 2012, Lipsitz, Ponterio & Comerford obtained a cash settlement in excess of $2.5 million on behalf of a former Durez plant worker for injuries resulting from job-related exposure to asbestos.

Although substances like asbestos no longer pose such widespread hazards in the work place as they did some thirty years ago, today there are many highly toxic substances still used in factories and at construction sites causing serious injuries to workers here and abroad. 

We’ve compiled a list of legal documents that everyone should assemble in a file to guide their loved ones.  Many of these things will also be very helpful in the event of serious illness. 

Grace Gannon has joined Lipsitz & Ponterio as associate attorneys in our mesothelioma and asbestos litigation practice groups.

Lipsitz & Ponterio attorney, Anne E. Joynt, has been selected to serve as a member of the Steering Committee of the Women’s TAP Fund.

Lipsitz & Ponterio recently obtained a $2.4 million settlement on behalf of a former steamfitter for injuries resulting from job-related exposure to asbestos.

In a recent written decision, Judicial Hearing Officer and Retired Supreme Court Justice, John P. Lane,  held that a valve manufacturer may be liable for injuries arising from the use of its products. 

The production and refining of coal tar and its use in various other products involves a substantial risk of exposure to a group of chemicals known as polycyclic aromatic hydrocarbons (PAHs).  Exposure to these chemicals can lead to a variety of diseases, including lung and other respiratory cancers, bladder cancer, and skin cancer.  Harmful exposure occurs when the tar, or refined products made from the tar, are heated and give off dust and fume, called coal tar pitch volatiles (CTPVs).

A wide variety of asbestos-containing products are implicated by the trusts, including pipe covering, insulating cement, joint compound, vermiculite insulation, fireproofing material, acoustical plaster, roofing materials, floor and ceiling tiles. Depending upon your job classification, and where you worked, you may be able to file claims with a few or many of the trusts.  Every case in this respect is different.

We are pleased to announce that Zachary James Woods has joined Lipsitz & Ponterio, LLC as an associate.

Because of increasing awareness of the hazard, more stringent governmental regulations and improved workplace conditions, the  threat of asbestos and mesothelioma has diminished greatly.

Lipsitz & Ponterio represents a 56-year-old man who worked at a Buffalo area pizza parlor. He was diagnosed with pleural mesothelioma in March 2011, and his only known exposure to asbestos was transite blocks.

We are pleased to announce that we have recently redesigned the firm’s website, www.lipsitzponterio.com. The redesign will allow the firm to better provide current and potential clients with key information about exposure to toxic substances at New York State job sites.

Federal law requires that personal injury plaintiffs, who are eligible for Medicare, take into consideration the interests of Medicare when settling their claims. 

This year, the CDC announced it is reducing the level of concern from 10 μg/dl to 5 μg/dl. 

A jury in Buffalo, New York, recently delivered a verdict in the amount of two million dollars in favor of Gerald Failing, a former factory worker, who was represented by Lipsitz & Ponterio.

We now have the pleasure to report that SEC status has also been recommended for men and women who worked at Linde between 1947 and 1954. Once this recommendation becomes final later this year, it will close the gap between the SEC for 1942 to 1947 and the SEC for 1954 to 1969, and establish SEC coverage from 1942 through 1969.  

Exposure to aerosolized coal tar and coal tar products, including coal tar pitch, has been known for many decades to cause skin, lung, and other respiratory cancers in both humans and in experimental animals. 

Lipsitz & Ponterio recently represented twenty-three-year-old Ashley Hicks, who was lead poisoned between the ages of three and six, while residing in rental properties in Rochester, New York.

When someone dies, his or her other debts die with them, although the probate estate does have an obligation to pay creditors, if there is an estate.

We are pleased to announce that after a two-week trial presided over by New York Supreme Court Justice (retired) Hon. John P. Lane, J.H.O., an Erie County jury delivered a verdict in favor of James Ginter in the amount of $2.5 million dollars. Mr. Ginter was diagnosed with mesothelioma in March 2010.

We are pleased to announce the launch of our new website Secondhand Mesothelioma, located at www.secondhandmesothelioma.com.

Lipsitz & Ponterio represents the family of a man who went to work at Bethlehem Steel in 1967 at the age of twenty-three. In the fall of 2007, at the age of sixty-three, our client developed lung cancer.  For a significant portion of his employment at the plant, he worked on top of coke oven batteries as a lid man. 

Samuel Tornabene was one of thousands of workers around the nation unwittingly exposed to dangerous levels of radiation. He was employed at the former Linde Ceramics plant, an EEOICPA-recognized site in Tonawanda, NY, between September 1962 and September 1993. 

A jury in Syracuse recently delivered a verdict in the amount of $1 million dollars in favor of the estate of Richard Schuderer, a former tugboat engineer, who was represented by Lipsitz & Ponterio.

We are pleased to announce the launch of our new website, Rochester Mesothelioma Legal Claims, located at www.mesotheliomarochester.com. 

Lipsitz & Ponterio was proud to represent Andrew (“Andy”) Pulsts, a remarkable individual, who died last December after battling mesothelioma for nearly five years.

As part of our continuing representation of clients suffering from asbestos disease, Lipsitz & Ponterio files claims against bankrupt asbestos companies. 

Prior to federal regulations restricting asbestos use in the 1970s, asbestos-containing materials were used in the construction and maintenance of every building at Kodak Park.

Michael A. Ponterio, is a founding partner of Lipsitz & Ponterio. Mr. Ponterio began his legal career in 1985 representing workers suffering from occupational-related diseases, such as asbestosis and mesothelioma.

On August 25, 2014, the W.R. Grace Asbestos Personal Injury Trust (The Trust) commenced operations and began accepting claims.  Asbestos bankruptcy trusts are typically established by companies that manufactured or distributed asbestos products.

The Center for Occupational and Environmental Medicine (COEM-WNY) has officially opened its doors to workers suffering from work-related injuries and diseases.

On March 3, 2015, Lipsitz & Ponterio held an open forum on health issues for the residents of the neighborhood surrounding the former Durez Plastics facility on Walck Road. 

The grandparent scam is a fraud that preys on the elderly by taking advantage of the love and concern they have for their grandchildren.

This past December, the Third Department Appellate Division issued an important decision on behalf of workers injured by toxic chemicals.

Berkshire Hathaway (Berkshire), Warren Buffett’s multinational conglomerate holding company, is actively distorting the civil justice system by delaying or denying insurance claims for victims of asbestos exposure.

In May 2014, Lipsitz & Ponterio obtained over $3 million dollars on behalf of a former plant worker for injuries resulting from his exposure to asbestos. At the age of sixty-one, our client was diagnosed with malignant mesothelioma. 

Lung cancer continues to be the leading cause of cancer death in the U.S., killing more men and women than the other leading cancers combined. Learn more about Roswell Park Cancer Institute's current lung cancer screening program.

In June 2014, Lipsitz, Ponterio & Comerford obtained a settlement in excess of $2.4 million for a former laborer for injuries resulting from occupational exposure to asbestos.

It is well known that cigarette smoking and genetic pre-disposition are potent risk factors in the development of cancer of the bladder. Cigarette smokers can increase their risk of contracting this cancer by as much as four times. Lesser known, but still important, is the risk posed by exposure to certain chemicals found in industry. 

Buffalo Color was well known for using asbestos to cover a vast majority of its pipelines and associated equipment. Asbestos refractory materials and insulation also covered equipment located in chemical manufacturing facilities, dye plants and boiler houses. However, lesser known is the danger posed by the actual chemicals being used inside Buffalo Color to make its products. 

From  October 1, 2013 through April 1, 2014, the firm raised funds through its Facebook page in order to help further mesothelioma  research at RPCI. 

Lipsitz, Ponterio & Comerford recently achieved a significant settlement for the family of a retired laborer who worked in the Coke Oven Division at Bethlehem Steel. Our client was 77 years old when he was diagnosed with Stage IV Lung Cancer.

It is well established in New York law that a manufacturer has a duty to warn against latent dangers resulting from foreseeable uses of its products of which it knew or should have known.  Latent dangers are those which, by their nature, are not so open and obvious that  the user of the product could not reasonably claim to be ignorant of them. 

The risk of contracting mesothelioma is not confined to Durez employees. It also extends to their immediate families and to those who worked and lived in the neighborhoods that surrounded the Durez plant.  

The jury in Justice Deborah Chimes’ courtroom determined that the John Crane Inc. caused the death of 65-year-old William R. Voelker, who died on Christmas Day in 2013 – just four months after he was diagnosed with mesothelioma, an asbestos-related cancer.

With a grandfather and father who graduated from Buffalo Law School and went on to be lawyers, John Lipsitz had no intention of following in their footsteps. Though he lacked interest in law growing up, he attended UB Law School. After graduating, he received a job representing inmates at prisons across New York State for […]

A recent analysis of records of complaints of physician malpractice shows that five per cent of our doctors are responsible for 54% of the payouts by the insurance industry on claims of medical malpractice.

Lipsitz & Ponterio partner John P. Comerford appeared on AM Buffalo on September 25, 2013. Mr. Comerford discussed the health hazards and history of asbestos exposure in Western New York.

An Erie County jury delivered a verdict in favor of the family of Lee Bernard Holdsworth in the amount of $ 3 million dollars. Mr. Holdsworth was diagnosed with mesothelioma in February 2012 and died on January 17, 2013, in the care of Hospice of Buffalo. He is survived by his wife of over fifty years, three children and ten grandchildren.

OSHA cited Ford for eight “serious” violations of the agency’s asbestos and respiratory protection standards at its Route 5 plant, which produces stamped metal parts for vehicles. Ford faces $41,800 in proposed fines.

A Buffalo, New York, jury returned guilty verdicts on 14 of the 19 criminal charges against Tonawanda Coke for violating the Clean Air Act and the Resource Conservation and Recovery Act.

An Erie County jury delivered a verdict in favor of the family of Gerald Suttner in the amount of $3 million dollars. Mr. Sutter was diagnosed with mesothelioma in October 2010 and died on October 31, 2011.

Lipsitz, Ponterio & Comerford, LLC is pleased to announce that Zachary James Woods has joined the firm as an associate attorney.

After a one week trial presided over by New York Supreme Court Justice (retired) Hon. John P. Lane, J.H.O., a settlement in excess of $2,500,000.00 was obtained for a former Durez plant worker who was diagnosed with mesothelioma in 2011.

The production and refining of coal tar and its use in various other products involves a substantial risk of exposure to a group of chemicals known as polycyclic aromatic hydrocarbons (PAHs). Exposure to these substances can lead to a variety of diseases, including lung and other respiratory cancers, bladder cancer and skin cancer.

After a two week trial, an Erie County jury delivered a verdict in favor of Gerald Failing in the amount of $2 million dollars. Mr. Failing was diagnosed with peritoneal mesothelioma in December 2010. He was represented by Lipsitz & Ponterio attorney Michael A. Ponterio, Esq.

A former laboratory chemist suffering from mesothelioma was awarded a $2.5 million dollar verdict by an Erie County jury. In his products liability trial against Ford Motor Company, plaintiff James Ginter presented evidence showing that when he used the FAST (Friction Assessment Screening Test) Machine manufactured by Ford Motor Company he was exposed to respirable asbestos. Exposure to asbestos ultimately caused Mr. Ginter's mesothelioma.

The law firm of Lipsitz & Ponterio, LLC is pleased to announce that after a two week trial presided over by State Supreme Court Justice James W. McCarthy, a Syracuse, New York jury delivered a verdict in favor of the Estate of Richard Schuderer in the amount of $1 million dollars.

The law firm of Lipsitz & Ponterio, LLC announces that it has obtained over $3 million dollars in a settlement award on behalf of a local union boilermaker for injuries resulting from exposure to asbestos on the job.

LIBBY, Mont. — A reckoning in one of American history’s worst industrial disasters, which unfolded here over seven decades as an asbestos-tainted mineral was dug from the ground and processed, begins Thursday when five former mine executives go to trial on federal criminal charges.

Public Justice and the Asbestos Disease Awareness Organization announced on July 1 that a proposed settlement of a nationwide class action against CBS Broadcasting, Inc. and major toy retailers, if approved, will give cash refunds to consumers and effectively implement a nationwide recall of toy science kits, based on the popular “CSI” television drama series, that may contain asbestos.

The subject in Washington, D.C., when the Science Advisory Board (SAB) of the Environmental Protection Agency’s Asbestos Committee met in July was the potential for asbestos to cause cancer, in particular to cause malignant mesothelioma. Under consideration was a proposed change in the EPA’s risk assessment for a type of asbestos fiber known as chrysotile used in 90% of all asbestos-containing products sold throughout the United States.

The following article discusses a landmark ruling for a dying widow of an asbestos worker, who was diagnosed with mesothelioma shortly after her husband died of asbestosis and cancer.  Our client was exposed to asbestos through secondary contact by laundering dust-laden work clothes brought home by her husband.

The Appellate work of Lipsitz & Ponterio lawyers, Kathleen Burr and John Lipsitz, was instrumental in their clients’ big win at the New York Court of Appeals in the case of Bi-Economy Market, Inc. v. Harleysville Insurance Co. of New York, 10 N.Y.3d 187 (2008), reargument denied, 10 N.Y.3d 890 (2008). 

On July 10, 2008, after nearly a three week trial, a Syracuse jury awarded $5 million to a former United States Navy boiler technician living with mesothelioma.  The verdict is believed to be the largest yet for a mesothelioma victim in upstate New York.

Local #6 Iron Worker represented by Lipsitz & Ponterio, received settlements exceeding $2.4 million for his asbestos-related injuries, which include mesothelioma, lung cancer and asbestosis.

On June 1, 2009, the U.S. government will implement the full requirements of the land and sea phase of the Western Hemisphere Travel Initiative (WHTI). The proposed rules require most U.S. citizens entering the United States at sea or land ports of entry to have a passport, passport card or WHTI compliant document. For those who live in New York State, this includes the much anticipated Enhanced Driver’s License.

Long-term care is different from traditional medical care. Someone with a prolonged physical illness, a disability, or a cognitive impairment such as Alzheimer’s Disease often needs long-term care.

The New York State Workers’ Compensation Board once held that a deceased worker’s lung cancer could not be attributed to occupational exposure to asbestos unless the disease asbestosis was present in the lungs of the deceased worker.

As part of our continued representation of clients suffering from asbestos disease, Lipsitz & Ponterio files claims against bankrupt asbestos companies. Because these companies have declared bankruptcy, it is impossible to sue them.  

In order to pursue a claim against a municipality, such as a city, town, village or municipal housing authority, it is necessary to file a Notice of Claim within 90 days of the injury. Unbelievable as it may seem, this is true even for a child of the tender age of three. Filing a Notice of Claim is a prerequisite to the later filing of a lawsuit.

We are pleased to announce the launch of our re-designed website located at www.lipsitzponterio.com.

Where occupational disease is merely suspected and has not yet been diagnosed, an autopsy may be critical in proving the case and, without it, there may be no basis to go forward with a claim.  An autopsy is also an extremely useful tool in obtaining Workers’ Compensation benefits for the surviving spouse and/or family of the decedent.

We welcome new members of our staff to Lipsitz & Ponterio, LLC

A dedicated attorney, Kathleen A. Burr is a key member of Lipsitz & Ponterio’s Lead Practice Group.  She has been with the Firm since 2002 and represents children injured by lead paint poisoning. 

Earlier this year, LIPSITZ & PONTERIO obtained a settlement in excess of 1.6 million dollars for the family of a former New York State trial judge.

After 14 months of litigation, LIPSITZ & PONTERIO obtained a 5.6 million dollar settlement for a 48-year-old former brake worker and his family.

LIPSITZ & PONTERIO has obtained a cash settlement, in excess of 2 million dollars, for the family of a 42-year-old woman who passed away due to her physician’s negligence.

The recent and pervasive news about toy recalls due to lead content or coating is disturbing, and parents everywhere have a right to be concerned. However, experts agree that lead poisoning suffered by children living in older dwellings within the city limits of Buffalo and Rochester is “almost entirely the result of deteriorated lead-based paint in housing.”

There are three types of asbestos exposure: exposure on the job, exposure through contact with people working with asbestos, and neighborhood exposure in manufacturing facilities.