Areas of Practice

Workers' Compensation

Employees who are injured or disabled on the job are guaranteed monetary awards under the law. Federal and state workers' compensation laws also provide benefits to the dependants of those who may have been killed due to work -related accidents or  who suffered work-related illnesses.

The laws, claim procedures and other related legal aspects of the Workers' Compensation Law are complex. If you have a question about a claim, or have been injured recently or suspect your illness is caused by a work-related factor, contact Kevin Kutyla for a no-obligation consultation.

Mr. Kutyla has represented clients who have suffered as a result of workplace injuries, motor vehicle accidents, construction accidents, slip and fall, and more.

Personal Injury

If you are injured, whether physically or psychologically as a result of the negligence or wrongdoing of another entity, be it an individual, employer, government agency, Kevin Kutyla and his associates represent their clients and assist them in obtaining financial compensation through settlement or litigation as required.  He is particularly knowledgeable and experienced in tort law, including protecting his clients' rights, property and reputation when they suffer economic or non-economic damages.

Mr. Kutyla has represented clients who have suffered as a result of workplace injuries, motor vehicle accidents, construction accidents, slip and fall, and more.

Employment Law

The employer-employee relationship is governed by a large body of laws and regulations, both on a federal and state level. From discrimination in the workplace to the laws regulating wages, to unemployment compensation, workplace safety, hiring policies and practices, and more, Kevin Kutyla represents both employers or employees in the planning process necessary to avoid potential litigation, or at trial when needed.

In New Jersey, the Department of Labor and Workplace Development regulates workplace labor standards such as minimum, overtime and withheld wages, fringe benefits, family leave and industry-related regulations such as the Construction Industry Independent Contractor Act.

Toxic and Mass Torts

Wilentz, Goldman & Spitzer, P.A. is actively pursuing the following Toxic and Mass Torts and is offering referral fees for cases that are accepted by the firm:

ASBESTOS-RELATED MESOTHELIOMA AND LUNG CANCER: We represent workers who are typically exposed to asbestos at construction sites, auto and brake garages, steel mills, power plants, factories, shipyards, dockyards, train yards, older buildings, and other places where asbestos exposure can occur. Mesothelioma is a deadly cancer that is almost exclusively caused by asbestos even at extremely low exposure levels.

BENZENE-INDUCED LEUKEMIA, NON-HODGKIN'S LYMPHOMA, MYELODYSPLASTIC SYNDROME, APLASTIC ANEMIA, MULTIPLE MYELOMA AND OTHER BLOOD DISORDERS: Studies show that workers who use petroleum solvents and other products containing benzene have an increased risk of developing certain cancers and blood diseases, usually many years after exposure. Benzene is a known human carcinogen and exposure to benzene may cause harmful effects in the tissues that form blood cells, especially bone marrow. We are actively pursuing cases for clients who developed various blood diseases caused by benzene exposure, including various forms of leukemia, especially acute myelogenous leukemia (AML), non-Hodgkin's lymphoma (NHL), multiple myeloma, myelodysplastic syndrome (MDS), aplastic anemia and other blood diseases.

CLASS ACTIONS: We represent clients in numerous types of class actions, such as defective product, ERISA/healthcare, consumer protection and large scale contamination matters. A class action ensures that a defendant who engages in widespread harm must compensate those individuals it injures.

ENVIRONMENTAL CONTAMINATION: We represent communities that have been contaminated by a wide variety of pollutants in the soil, air and groundwater emanating from local factories, gas stations or other industrial facilities. Pathways of exposure include, but are not limited to, ingestion from drinking contaminated water, absorption from dermal contact, and inhaling polluted air and vapor intrusion. Damages include personal injury, medical monitoring, loss of quality of life, nuisance and loss of property value or stigma.

MEDICAL DEVICES: We are accepting referrals for cases involving numerous defective medical devices and will investigate claims on behalf of any individual seriously injured by a defective medical device. Some of the specific medical device cases we are actively pursuing include the following:

DEPUY ASR ACETABULAR CUP: A defect in this metal-on-metal hip replacement causes small particles to break off and be deposited in and around the hip joints. These debris typically require surgery to remove and have caused heavy metal poisoning in some patients. Patients have also had to undergo multiple hip replacement surgeries as a result of the defective design.

DEPUY PINNACLE CUP: The Pinnacle cups have also been failing in large numbers and remain on the market. They are similar in design to the Acetabular Cups.

ZIMMER NEXGEN CR-FLEX AND LPS-FLEX KNEE REPLACEMENTS: The femoral component of these knee replacements are showing elevated rates of loosening, which may cause serious injury.

PHARMACEUTICAL LITIGATION/DEFECTIVE DRUGS: We are currently handling various defective drug pharmaceutical cases, including, but not limited to, Avandia, Children's Motrin, Heparin, Levaquin and Yaz. We will investigate potential claims on behalf of individuals who are seriously injured by consuming defective drugs. Some additional defective drug cases we are investigating include:

ACCUTANE: We are evaluating potential claims for inflammatory bowel disease (IBD), ulcerative colitis or Crohn's disease caused by this acne drug.

FOSAMAX: This drug has been on the market since the 1990s for the treatment of osteoporosis. We are evaluating potential cases for ONJ (osteonecrosis of the jaw), esophageal cancer, and long bone (femur) fractures caused by the drug.

PAXIL: This antidepressant drug has been linked to heart defects and other birth defects in the newborn children of mothers who were taking the drug during pregnancy. We are evaluating all heart or birth defect Paxil claims.

PREMPRO: Prempro is a hormone replacement therapy (HRT) introduced by Wyeth Pharmaceuticals in 1996 that has been linked to an increased risk of breast cancer. It is used to treat hot flashes and other symptoms of menopause. We are currently evaluating all Prempro breast cancer claims.

TOPAMAX: New data shows an increased risk of cleft lips or cleft palates among children born to women who were prescribed the anticonvulsant medication while pregnant. The FDA announced that "there is positive evidence of human fetal risk" and warned that taking this medication during pregnancy creates a higher risk that the baby would develop a cleft lip or cleft palate. We are evaluating all cleft lip or cleft palate Topamax claims.

If you have any potential matters to refer to us, please contact Alfred M. Anthony at 1-732-855-6097 or James Tracy at 1-732-855-6054.

Commercial Litigation

For business owners engaged in a dispute with suppliers, creditors, customers, competitors, consumers or government agencies, Kevin Kutyla assists in assessing the risk of litigation to your business. Experiened in alternative dispute resolution, trials and appeals, this litigator works diligently to achieve the most advantageous outcome for his clients.

Other Work-Related Injuries

In addition to the above, recent cases of work-related injuries have included exposure to toxic substances and other industry-specific hazards.  Here are some examples:

1) Asbestos-related mesothelioma and lung cancer.  Potential clients are typically exposed to asbestos while working in construction, auto and brake garages, steel mills, power plants, factories, shipyard, dockyards, train yards, older buildings, as electricians and other place where asbestos exposure can occur.

2) Benzene-induced Leukemia (especially AML, but we look for all subtypes such as ALL, CML, HCL, CLL etc.), Non-Hodgkin's Lymphoma,  Myelodysplaspic Syndrome, Aplastic Anemia and Multiple Myeloma.
Exposure to petroleum solvents that contain benzene is common in many industries. Workers using solvents that contain benzene breathe in benzene vapors that evaporate from the solvents.

Drug-Related Injuries, Adverse Drug Reactions

With the advances in medical science, there are new cures and treatments for every disease and ailment.  However, sometimes the side-effects can be debilitating and even deadly.  Here are some examples: