National Cancer Survivor Month – Partner Sharon Iskra’s Survivor Story

A cancer diagnosis is a devastating shock to anyone. Not to be dramatic, but a second cancer diagnosis (despite you doing everything “right” the first time) makes you feel like you are marked for certain and impending death. I was helped through both of these by family, friends, and faith.

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Authored by Sharon F. Iskra, Partner and Institutional Abuse & Neglect Team Leader:

A cancer diagnosis is a devastating shock to anyone. Not to be dramatic, but a second cancer diagnosis (despite you doing everything “right” the first time) makes you feel like you are marked for certain and impending death. I was helped through both of these by family, friends, and faith. I was also uniquely strengthened by a stranger who took the time to tell me, boldly and honestly, all the real details of her own cancer story. I will never forget how comforting it was to speak with one who had been there, lived that, and who just sitting across the table from me was living proof that one can thrive during and on the other side of cancer treatments. That’s the person I want to be for anyone facing a cancer diagnosis today.

I was first diagnosed with breast cancer in 2007. I had surgery and several rounds of radiation and chemotherapy. All my hair fell out and my white blood cell count dropped to levels that provoked serious concern among my doctors – but we thought, if it’s killing everything else, the treatment has got to be working. I ate right, rested/isolated/sanitized, exercised, etc. Despite all that, and while still on my meds, two years later I found another lump. It looked so uncharacteristic of cancer that my surgeon took it out under local anesthesia. I remember her reassuring me even as I was lying on the op table that it didn’t look like anything. We were both surprised when that proved wrong.

More treatment. More tough choices and a series of complications. In all, a total of six surgeries. Sitting on the couch saying, “I just want my normal back. I want to go somewhere where this isn’t my life.” I had vivid dreams of running through open fields and down desert roads to a horizon where this wasn’t my reality, even just for a weekend.

Lessons learned about obstacles like these: you can’t get around them, you can only go through them. Each of us is given a container with our numbered days, but no one knows the size of his/her container. Your only choice is how you respond to the obstacle and live out the given days. But you’re also far more capable and resilient than you imagined, and you’re not alone: the path you’re on has been trod by fellow survivors like me, who have long celebrated our return of abundant hair. Better yet, I’ve returned to thriving in my niche law practice, in fitness, and community service. I no longer desperately seek an elusive horizon; the cancer lives quietly now in my rearview where I only glance at it when I choose.

May it be so for you. I’ll sit across the table from you if you need me. And I hope you will be someone’s inspiring stranger and burden bearer one day.
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Partner Sharon Iskra is the leader of the Bailey Glasser’s Institutional Abuse & Neglect team and is a nationally recognized advocate and voice for the vulnerable. She litigates cases for children, individuals with special needs, and others who have been abused, neglected, or exploited in institutions such as group homes, rehabilitation centers, universities, hotels, foster care facilities, and other settings. In addition to her professional advocacy, Sharon’s personal passion for serving is also unique: in 2004, she paused her successful legal career for nine years to direct children’s and urban ministries at a local church. In addition to her caseload and CASA work, Sharon has served on missions to orphanages in Haiti and Africa in 2014, 2016, and 2019. She plans to continue her lifestyle of personal and professional missions effecting positive change at home and abroad for many years to come.

Learn more about Sharon’s advocacy here.

#Cancersurvivormonth #breastcancer #survivorstory

BG Files Asbestos Lawsuit on Behalf of Woman Exposed on College Campus

Did you know that lung cancer can be caused by asbestos exposure at schools, universities, or hospitals? Bailey & Glasser, LLP recently filed an asbestos lawsuit in West Virginia on behalf of a 63-year-old nonsmoker who was diagnosed with lung cancer after being exposed to asbestos on a college campus and while working in various hospitals as a nursing student.

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Did you know that lung cancer can be caused by asbestos exposure at schools, universities, or hospitals? Bailey & Glasser, LLP recently filed an asbestos lawsuit in West Virginia on behalf of a 63-year-old nonsmoker who was diagnosed with lung cancer after being exposed to asbestos on a college campus and while working in various hospitals as a nursing student.

BG partners Michael Robb and Travis Prince filed the complaint on behalf of Donna Spurling in Kanawha County Circuit Court against Fairmont State University and several West Virginia hospitals including Monongalia County General Hospital, United Hospital Center, and Fairmont Regional Medical Center.

Our Complaint alleges Ms. Spurling was exposed to building materials containing asbestos regularly in buildings on her college campus and at various hospitals while a nursing student at Fairmont State from 1998-2004. The Complaint details the history of asbestosis, saying the danger of asbestos dust to result in the potentially fatal lung disease was recognized in medical and scientific circles by the early 1930s, and includes details about how Metropolitan Life worked to hide the dangers of asbestos.

“Defendants had actual knowledge of the dangers to Donna R. Spurling of asbestos exposure, nevertheless, defendants deliberately, intentionally and purposefully withheld such information,” the Complaint stated.

Bailey Glasser’s Asbestos & Lung Disease practice is at the forefront of the fight for people poisoned by asbestos and other carcinogens and has years of experience representing individuals exposed to asbestos in both industrial and non-industrial settings such as schools and hospitals.

To learn more about this lawsuit, read the West Virginia Record article here.

For more about Mickey and his experience, visit here.

For more about Travis and his experience, visit here.

For more on our Asbestos & Lung Disease Practice, visit here.

Law360: “Pa. Court OKs $3.65M Deal On Student Loan ‘Pay-To-Pay’ Fees”

BG secured approval for a $3.65 million settlement in a class action before a Pennsylvania federal district court on behalf of federal student loan borrowers charged illegal fees just for paying their monthly loan payments online or over the phone.

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BG secured approval for a $3.65 million settlement in a class action before a Pennsylvania federal district court on behalf of federal student loan borrowers charged illegal fees just for paying their monthly loan payments online or over the phone.

The lawsuit against Educational Computer Systems Inc., alleges that the servicer charged federal student loan borrowers nationwide illegal “Pay-to-Pay” fees, or extra charges to process one–time monthly payments on their Perkins loans online or by phone, in violation of several federal and state consumer protection laws. Bailey Glasser’s Patricia Kipnis, partner and leader of the firm’s Consumer Litigation Practice Group, and partner James Kauffman, along with attorneys from the law firm Tycko & Zavareei LLP, are class counsel in this case.

On Monday, U.S. District Court Judge Patricia A. Dodge stated on the record that she would grant the motion for final approval of the settlement and the motion for attorney fees, administrative costs, and class representative awards, with a formal order to follow. The motion for settlement included the $3.65 million payment that will refund more than 40,000 class members a pro-rata portion of the fees they paid to ECSI.

Judge Dodge remarked on the record describing the settlement as “fair and equitable,” and stated, “this case was administered effectively, litigated appropriately, and very well.”

Lead counsel Patricia Kipnis said, “We’re thrilled with this result in what we believe to be the first case against a student loan servicer asserting the legal theory that Pay-to-Pay fees are unlawful under consumer protection statutes.”

You can learn more about this settlement by reading this Law360 article here.

And for more information on our Pay-to-Pay services, visit here.

#baileyglasser #classactions #paytopay #consumerprotection #illegalfees #studentloans

Brian Glasser to Law360: “They’ve Been Twice Told They Have to be Honestly Broke to be Bankrupt”

Brian Glasser was interviewed by Law360 about the preliminary injunction filed by Bailey & Glasser, LLP and other law firms last week on behalf of cancer patients, asking a New Jersey federal judge to bar Johnson & Johnson’s talc liability spinoff from filing its third attempt at a Chapter 11 reorganization outside of the state.

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Brian Glasser was interviewed by Law360 about the preliminary injunction filed by Bailey & Glasser, LLP and other law firms last week on behalf of cancer patients, asking a New Jersey federal judge to bar Johnson & Johnson’s talc liability spinoff from filing its third attempt at a Chapter 11 reorganization outside of the state.

In this interview, Brian Glasser, Bailey Glasser’s founding partner and co-lead counsel for the plaintiffs, said that J&J was seeking a more favorable jurisdiction after the previous bankruptcy dismissals. “They have that precedent in the Third Circuit, so they’re obviously going somewhere else,” he said. “They’ve been twice told they have to be honestly broke to be bankrupt.”

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In last week’s filing, plaintiffs sought a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. The motion also seeks to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

In addition to Brian Glasser, the Bailey Glasser team in this case includes David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, Of Counsel Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

Read the full Law360 article here.

To learn more about the Motion for Temporary Restraining Order filed against J&J, please visit here.

And for more on Brain Glasser, visit here.

#productliability #productliabilitylaw #justice #Cancervictims #bankruptcy #BaileyGlasser

Motion for Temporary Order Filed in Suit Against Johnson & Johnson

Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

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Bailey & Glasser, LLP and a group of leading law firms filed a motion to show cause why a preliminary injunction ought not issue to stop Johnson & Johnson and its subsidiaries from pursuing a new bankruptcy filing in any district other than in New Jersey, where tens of thousands of civil lawsuits are already consolidated in multidistrict litigation.

The company recently announced the pursuit of a prepackaged bankruptcy plan to resolve talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. In today’s filing, we seek a temporary restraining order on the basis that J&J is attempting to evade jurisdiction and continue to manipulate the bankruptcy process to disadvantage tens of thousands of women who developed cancer from continued use of Johnson’s products. We also seek to prevent any amendments to agreements between J&J and its subsidiaries to fund the plan without notifying the plaintiffs.

The Bailey Glasser team in this case includes founding partner Brian A. Glasser; David L. Selby II, the firm’s Mass Tort Practice Group Leader, partner D. Todd Mathews, Of Counsel Thomas B. Bennett, partner Thanos Basdekis, partner and Consumer Protection Practice Group Leader Patricia Kipnis, and Of Counsel Michael Shenkman. Other firms representing the plaintiffs in this lawsuit are Beasley Allen Crow Methvin Portis & Miles PC, Levin Papantonio Rafferty Proctor Buchanan O’Brien Barr Mougey PA; Golomb Legal; Ashcraft & Gerel LLP; and Burns Charest LLP.

On behalf of our clients, we have requested that the injunction hearing be heard at the earliest possible time.

For more please visit this link.