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By: Fern Sidman
Recently, the Jewish Voice had the distinct honor of speaking with Joseph Ciaccio of the Napoli Shkolinik, PLLC law firm. Mr.Ciaccio is a managing partner at Napoli Shkolnik’s Personal Injury Practice, where his expertise and dedication have made a significant impact in the field of personal injury and medical malpractice litigation. With a career marked by substantial settlements and verdicts, Ciaccio has proven himself a formidable advocate for his clients, ensuring they receive the justice and compensation they deserve.
Mr. Ciaccio’s legal career is distinguished by his focus on a wide array of personal injury cases, particularly in the realm of medical malpractice. His work has led to the recovery of tens of millions of dollars for clients, underscoring his commitment to achieving favorable outcomes. One of his notable achievements includes a $4,000,000 medical malpractice verdict obtained in Suffolk County, New York. This case exemplifies his ability to navigate complex medical and legal issues to secure substantial compensation for those wronged by medical negligence.
Mr. Ciaccio has successfully litigated numerous birth-related injury cases, including those involving fetal distress, hypoxia, and Erb’s palsy injuries. His meticulous approach in these cases highlights his deep understanding of medical intricacies and his dedication to the well-being of affected families. His expertise extends to a broad range of medical malpractice actions, such as failures to diagnose cancer and infections, and instances of orthopedic negligence, reflecting his versatility and depth of knowledge in medical malpractice law.
In 2019, Mr. Ciaccio’s exemplary work was recognized by TopVerdict, which acknowledged his achievement of one of the largest settlements in the State of New York for that year, as well as a Top 50 settlement nationwide. These accolades are a testament to his skill, persistence, and the high regard in which he is held by his peers and the broader legal community.
Beyond his personal injury and medical malpractice practice, Joseph Ciaccio has played a critical role in representing municipalities in litigation related to the opioid epidemic. Working alongside partners Hunter Shkolnik and Salvatore Badala, he served as co-trial counsel in a successful 2021 trial on behalf of a local county client. This case is part of broader efforts to hold opioid manufacturers, distributors, and pharmacies accountable for their role in the opioid crisis, showcasing Ciaccio’s ability to tackle significant public health issues through the legal system.
In response to the COVID-19 pandemic, Mr. Ciaccio has also taken a leading role in addressing the catastrophic impacts on nursing home residents. He is overseeing COVID-related nursing home cases, including a class action complaint against the Long Island Veterans Home, which had the second-highest death rate in the state of New York. This work highlights his commitment to protecting some of the most vulnerable members of society and seeking justice for those who have suffered due to institutional negligence.
Mr. Ciaccio has dedicated his 13-year legal career to making a profound difference in the lives of those who have suffered severe injustices. In the course of the interview with the Jewish Voice, Mr. Ciaccio articulated his motivation for choosing this path, emphasizing his commitment to rectifying the wrongs inflicted upon individuals by powerful entities.
“I have been practicing law for 13 years and the reason I chose these fields of law is because I wanted to make a difference in the lives of people who have suffered tremendously due to no fault of their own,” Mr. Ciaccio told the Jewish Voice. This sentiment encapsulates his professional ethos. He has consistently championed the cause of those whose lives have been upended by negligence or corporate malfeasance. By framing his work as a “David vs Goliath” struggle, Ciaccio shines a spotlight on his commitment to defending the interests of the average person against formidable adversaries.
Mr. Ciaccio’s efforts have yielded significant financial settlements, channeling billions of dollars back into communities affected by corporate negligence. “We have helped in the creating settlements of billions of dollars for municipalities, and the wonderful outcome is that this money goes back into the community,” Mr. Ciaccio remarked. These settlements not only provide financial relief but also support community development and rehabilitation programs, signifying Mr. Ciaccio’s commitment to ensuring that justice serves a broader societal purpose.
The litigation against Purdue Pharmaceutical stands as a testament to Mr. Ciaccio’s tenacity and legal acumen. The case against Purdue and the Sackler family, who owned the company, is emblematic of the catastrophic impact of corporate malfeasance on public health. “In a lot of ways, this is only the beginning of the surge in litigation. The company itself started this avalanche, and the Sackler family are the defendants. We will be pursuing litigation against them,” Mr. Ciaccio stated.
Purdue Pharmaceutical, once a reputable pharmaceutical company, significantly expanded the market for OxyContin, a powerful opioid initially intended for a small patient population with severe pain. “In essence, Purdue Pharmaceutical took a drug known as OxyContin that was geared for a small market and began spreading it far and wide until the opioid crisis hit us in the face,” Mr. Ciaccio explained. The aggressive marketing strategies and misleading information about the addictiveness of OxyContin played a pivotal role in the opioid epidemic, resulting in widespread addiction and numerous fatalities.
Litigation against Purdue has been complex and protracted, with cases dating back over a decade. These lawsuits involve a diverse group of plaintiffs, including states, local governments, tribes, and over 100,000 individuals. The plaintiffs allege that Purdue’s practices significantly contributed to the opioid crisis, seeking financial compensation and resources for those affected.
A critical component of the proposed settlement involved granting immunity to the Sackler family from all current and future opioid-related lawsuits. In exchange, the Sacklers were to contribute up to $6 billion to a settlement fund. This arrangement was intended to streamline the disbursement of funds to plaintiffs and facilitate Purdue Pharma’s emergence from bankruptcy, allowing the company to continue its operations.
However, the legal landscape shifted dramatically following a recent ruling by the Supreme Court. As reported by the New York Times, the Court rejected liability protections for the Sackler family, jeopardizing the settlement that had been years in the making. This ruling prevents the release of billions of dollars intended to mitigate the opioid crisis, leaving the future of the cases in uncertainty. The Supreme Court’s decision underscores the judicial scrutiny surrounding the accountability of corporate actors and their role in public health crises.
The Supreme Court’s ruling has significant implications for the ongoing litigation. It calls attention to the necessity of holding the Sackler family accountable for their actions while complicating the financial resolution intended to aid affected communities. As Mr. Ciaccio noted, “litigation is pending for individual members of the Sackler family,” highlighting the continued efforts to pursue justice despite legal and financial obstacles. The Sacklers’ attempt to file for bankruptcy to avoid settlements adds another layer of complexity, reflecting the broader challenges of securing accountability in corporate litigation.
Environmental Cases
The Flint water crisis, which began in 2014, is widely regarded as one of the most severe public health disasters in modern American history. Over 100,000 residents of Flint, Michigan, were exposed to dangerously high levels of lead in their drinking water. This crisis drew national and international attention, underscoring severe failures in infrastructure, governance, and public health.
Mr. Ciaccio, reflecting on the crisis, remarked, “The Flint water crisis is a multifaceted tragedy that unfolded due to a combination of economic decisions, regulatory failures, and systemic neglect. The impacts on the community of Flint are enduring, affecting the health and well-being of its residents.” The crisis indeed serves as a stark reminder of the consequences of inadequate oversight and the paramount importance of maintaining safe drinking water standards.
In his role at Napoli Shkolnik PLLC, Partner Hunter Shkolnik played a pivotal role as co-liaison and negotiating counsel in the Flint Water Litigation. The firm, along with interim class counsel and representatives from the Michigan Attorney General’s office, reached a landmark $600 million settlement. This settlement involved the State of Michigan, the Michigan Department of Environmental Quality (now the Michigan Department of Environment, Great Lakes, and Energy), the City of Flint, former Governor Richard Snyder, Governor Gretchen Whitmer, and several other state and city employees.
This wide-reaching settlement is a testament to the persistent efforts of Mr, Ciaccio and his team to secure justice for the citizens of Flint. The settlement aims to address the extensive harm caused by the lead contamination, providing financial resources for medical care, infrastructure improvements, and other community needs. “As efforts to remedy the damage continue, the crisis stands as a crucial case study in the need for vigilant and accountable governance to protect public health and safety,” Ciaccio emphasized.
The Camp Lejeune water contamination case is another significant environmental health scandal that has deeply impacted thousands of individuals. For over three decades, the drinking water at the U.S. Marine Corps Base Camp Lejeune in North Carolina was contaminated with harmful chemicals, leading to severe health consequences for military personnel, their families, and civilian workers.
Mr. Ciaccio described the Camp Lejeune case as “one of the most significant environmental health scandals in United States military history.” The contaminants, which included volatile organic compounds such as trichloroethylene (TCE), perchloroethylene (PCE), benzene, and vinyl chloride, have been linked to a range of serious health issues, including cancers, neurological disorders, and reproductive problems.
Mr. Ciaccio has been at the forefront of efforts to secure justice and remediation for the victims of the Camp Lejeune contamination. He highlighted the long-term health consequences faced by thousands of individuals, which call attention to the urgent need for rigorous safety standards and prompt action in the face of potential environmental hazards. “The case is a sobering reminder of the importance of environmental vigilance and accountability,” he noted.
September 11th
In the aftermath of the September 11, 2001, terrorist attacks on the World Trade Center in Manhattan, countless first responders faced not only the immediate dangers of rescue and recovery but also long-term health repercussions due to exposure to hazardous substances. Mr. Ciaccio said that firm founder Paul Napoli emerged as a pivotal figure in the fight to secure justice and compensation for these heroes. His relentless efforts have resulted in significant settlements that have provided much-needed relief and recognition to the brave individuals who risked their lives on that fateful day.
A seasoned attorney known for his work in mass tort and personal injury cases, Mr. Napoli stepped into this void with a mission to secure justice for the first responders. Napoli and his firm, took on the monumental task of representing thousands of individuals affected by the 9/11 aftermath. His legal strategy focused on holding responsible parties accountable and ensuring that first responders received the compensation and medical care they deserved.
Mr. Ciaccio said that Mr. Napoli was also instrumental in advocating for the passage of the James Zadroga 9/11 Health and Compensation Act, named after a New York City Police Officer who died from a respiratory disease linked to his work at Ground Zero. The Zadroga Act, passed in 2010 and reauthorized in 2015, established the World Trade Center Health Program and the September 11th Victim Compensation Fund (VCF). These programs provide medical monitoring, treatment, and financial compensation to individuals affected by 9/11-related illnesses.
Mr. Napoli’s commitment to 9/11 first responders has not waned over the years. He remains actively involved in ongoing efforts to secure justice and support for those impacted by the attacks. His firm continues to handle claims and advocate for legislative measures that ensure the well-being of 9/11 victims.
Napoli Shkolnik’s Important Legal Victories
Napoli Shkolnik, along with other members of the PFAS Settlement Steering Committee, announced a $12.5 billion settlement with 3M Company in the ongoing multi-district litigation over the contamination of drinking water with toxic per- and polyfluoroalkyl substances (“PFAS”) resulting from the widespread use of aqueous film-forming foam (“AFFF”). This historic class action settlement agreement resolves the claims of Public Water Systems across the country that have been impacted by actual or threatened contamination of their water systems with PFAS.
On June 22, 2023, Paul Napoli, along with the co-leads of the AFFF MDL reached a $1.185 billion settlement with DuPont, Chemours, Corteva to address PFAS contamination in public water systems’ drinking water supplies. This settlement was given preliminary approval on February 9, 2024. Once the court issues a final judgement, a 60-day period will begin during which class members can submit their claims forms to participate in the settlement.
In a monumental stride towards addressing the nation’s PFAS water contamination crisis, Paul Napoli, along with the co-leads of the AFFF Multi-District Litigation, have achieved a groundbreaking $750 million settlement with Tyco Fire Products LP. This significant legal triumph will facilitate the remediation of drinking water sources for public water systems impacted by PFAS, a group of harmful chemicals found in AFFF. The agreement with Tyco was given preliminary Court approval by the Honorable Richard Gergel (the MDL Judge) in the United States District Court for the District of South Carolina.
Napoli Shkolnik, along with Plaintiffs’ Co-Lead and Interim Class Counsel also announced a $316.5 million settlement with BASF Corporation (“BASF”) in the ongoing multi-district litigation (“MDL”) over the contamination of drinking water with toxic per- and polyfluoroalkyl substances (“PFAS”) resulting from the widespread use of aqueous film-forming foam (“AFFF”). The settlement was negotiated by Partner Paul J. Napoli and the other Co-Lead Counsel in the AFFF MDL and resolves BASF’s liability for claims held by Public Water Systems across the country that have been impacted by actual or threatened contamination of their water systems with PFAS.
Jury Verdict in New York Opioid Jury Trial:
The jury held Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Actavis, LLC, Actavis Pharma, Inc., Watson Laboratories, Inc., and Anda, Inc. responsible for causing a public nuisance.
(Napoli Shkolnik is Counsel to Nassau County.)
$1.1 Billion Settlement: New York Opioid Jury Trial
This settlement was reached with the three largest drug distributors, AmerisourceBergen, Cardinal Health and McKesson, in the first opioid jury trial.
(Napoli Shkolnik is Counsel to Nassau County.)
$50 Million Settlement: New York Opioid Jury Trial
Endo Pharmaceutical agreed to this settlement to end their involvement in the NY opioid jury trial, where the company was accused of its role in the opioid epidemic.
(Nap
oli Shkolnik is Counsel to Nassau County.)
$4,000,000 Medical Malpractice Verdict in Suffolk County
This jury verdict was obtained on behalf of a 13-year-old child who suffered birth defects, including a cleft lip and cleft palate, due to a drug his mother was improperly prescribed before and while she was pregnant.
$6 Million Medical Malpractice Settlement on behalf of a man who suffered a severed thyroid artery which led to a blocked airway and hypoxic brain damage.