Personal Injury & Medical Malpractice: recalls, articles, updates...

Bjork Shiley Heart Valve a Ticking Time Bomb for Some

2012-01-26T14:13:00.000-05:00

Miami, FL By Gordon Gibb: It's been some time since the Bjork Shiley heart valve has been in the news, and with good reason—it was way back in 1986 that the Bjork Shiley Convexo-Concave heart valve was forced off the market by the US Food and Drug Administration (FDA) due to failures that led to hundreds of deaths. The problematic valve was replaced in some patients, but not in others after the risks for revision surgery was deemed too great.

For those patients, the last 25 years have been akin to living with a ticking time bomb. Nor is it inconceivable to think that someone who received a defective Bjork Shiley heart valve while they were still actively on the market would still be alive today. Anyone in need of a heart valve transplant at a fairly young age would still be going strong, provided their heart valve was functioning properly.

The issue then has been the psychological costs associated with knowing the possibility of catastrophic failure and the odds of death were that to happen: Of the Bjork Shiley Convexo-Concave valves that failed, patients died in two-thirds of the cases. Notwithstanding has been the need to remain on anti-coagulant drugs such as Warfarin, which translates to an ongoing cost for the patient.

Such patients may well want to sue for compensation.

Not all heart valves in the Bjork Shiley line were problematic. In fact, they were considered quite durable until 1979, when a design modification allegedly initiated in part to speed the manufacturing process led to problems. Failure of the welds holding the outflow strut in place would lead to catastrophic failure in more than 600 cases, and sudden cardiac death occurred in the majority of patients experiencing such failures.

The Bjork Shiley Convexo-Concave is yet another illustration of the debate currently underway in the medical community concerning the approval protocol of medical devices—and specifically, those that bear some resemblance to devices already on the market.

The FDA's 510(k) approval guidelines currently allow for a faster access to market for such devices. And here is where the great divide comes into play.

Health advocates and critics such as Public Citizen maintain that the lack of pre-market testing, even on proposed devices similar to that already being used, puts the public at risk. They advocate for abolition of the fast track protocol.

On the other side are device manufacturers who maintain the current fast track guidelines are not only sorely needed, they are way too slow. Proponents argue that device manufacturers have an easier time placing new and updated devices elsewhere in the world, and are shifting more of their focus overseas.

The Miami Herald last year profiled a retired surgeon who flew to Columbia for a procedure involving the insertion of an experimental heart valve through an artery in his leg. The surgery had to be performed there, as the heart valve used has not been approved in the US. The hospital performing the operation is affiliated with the University of Miami and many of its doctors were trained in South Florida.

Thus, the FDA is getting it from both sides: patient advocates who decry the lack of pre-market testing and say the FDA should abolish the fast-track, versus device manufacturers and some in the medical community who feel the FDA is not moving fast enough.

In the middle are patients who continue to live with the failed Bjork Shiley Convexo-Concave heart valve and who may be considering a Bjork Shiley lawsuit. They would prefer the FDA to put the brakes on the fast track entirely.

A drunk driver causes a car accident every 48 seconds....

2012-01-24T15:52:00.004-05:00

A drunk driver causes a car accident every 48 seconds....that's over 657,000 accidents a year.

There were 3,812 drivers arrested for DUI in Washington State during the holiday DUI enforcement campaign alone. This number is higher than the previous year.

How do we prevent drunk driving?

Study Finds Link between Paxil and Birth Defects

2012-01-19T17:08:00.002-05:00

Seattle, WA By Heidi Turner: A new study has become the latest to suggest infants could be at a risk of so-called Paxil birth defects. Although studies on the risk of Paxil side effects in infants have returned conflicting results, the latest study appears to confirm concerns about Paxil heart defects in infants exposed to the antidepressant prior to birth.
The study was published in the British Medical Journal (01/12/12) and reported on by The New York Times (01/13/12). It suggests that taking selective serotonin reputake inhibitors (SSRIs) during pregnancy can double the risk of having a baby with persistent pulmonary hypertension. Researchers studied the birth records of 1.6 million births in Denmark, Finland, Iceland, Norway and Sweden from 1996 to 2007, and found that three in 1,000 births to women who used an SSRI during pregnancy resulted in persistent pulmonary hypertension. That is in comparison with approximately one case of persistent pulmonary hypertension per 1,000 births to women who did not use the antidepressants.

Researchers found that the risk was higher when the antidepressants were used late in pregnancy. They also found, however, that women who had a previous hospitalization for a psychiatric disorder but were not taking SSRIs during pregnancy had a slightly increased risk of delivering a baby with persistent pulmonary hypertension.

Even though the overall risk may seem low, persistent pulmonary hypertension is a serious, life-threatening condition in which the infant may not be able to breathe on his own, resulting in a lack of oxygen and possibly organ failure. Those that survive may face lifelong complications, multiple surgeries and extended hospital stays. The study's authors concluded that doctors should use caution when prescribing SSRIs to pregnant women.

In 2006, the US Food and Drug Administration (FDA) issued a warning that some antidepressants could be linked to an increased risk of persistent pulmonary hypertension. In 2011, however, the FDA revised that to state any conclusion about the link between SSRIs and pulmonary hypertension was premature.

The risk of persistent pulmonary hypertension must be weighed against the risk of untreated depression. Research suggests that women who have untreated depression during pregnancy run the risk of a pre-term delivery and delivering an infant with low birth weight.

Make Sure an Experienced Attorney Settles Your Back and Neck Injury Lawsuit

2012-01-03T16:29:00.002-05:00

Newbury, OH: Karen was involved in a car accident back in August of 2010, and since that time she has suffered constant pain from a back and neck injury. To compound her problems, Karen's attorney advises her to settle for an amount that will barely cover her medical bills. Now she is reaching out to an experienced personal injury attorney, one who is familiar with insurance claims and car accidents.
Car accidents are the leading cause of back and neck injuries. And they can also be a nightmare to settle, as Karen (not her real name) can attest. "I was a passenger in a stationary vehicle waiting to turn left on a two-lane road," she says, "and we were struck from behind by a driver who did not see that we had stopped. At that moment I was bending forward fussing with something and right after being hit, I got a terrible headache and both my arms were numb."

Karen is mainly worried about her future health, because she still has constant pain in her upper back, radiating at times to her arms, chest and head. "I had an MRI but it showed nothing conclusive," says Karen. "An x-ray showed my spine out of alignment so my lawyer set up an appointment with my doctor, who then set up appointments with a physical therapist and a chiropractor. Heat treatment helped—but everything is a temporary help. My prescription for painkillers ran out and I don't want to take them anyway so I just live with the pain.

"Of course it has affected my work: I am a sales rep and my customers tell me I am bitchy. They are consistent clients so they know what happened; by the end of the day they expect me to be cranky to some extent.

"It was completely the other driver's fault—she received a traffic violation. My ex-boyfriend—he was the driver—was friends with the attorney I retained, so he made the initial contact. He needed my signature to get my medical records and other than that I don't know what I have signed."

Karen's attorney advised her to go back to her doctor, but she can't afford any more medical treatment! "My insurance company doesn't want to pay any of my medical costs because my injuries are a result of a car accident, which is apparently 'not their fault,' so right now I am putting everything on my credit card.

"I don't know what procedure should be taken; I was under the impression that I should just rely on my attorney's advice—like you listen to your doctor. I know that back and neck injuries are not his specialty; I don't even know if he deals with personal injuries."

Karen says the settlement her attorney has negotiated will leave her with about $2,000 after paying medical costs to date. That doesn't cover anything down the road.

"I'm not trying to make money on this accident but I am concerned about my future health" she adds. "I would like to speak with an experienced attorney who can advise me about my attorney's proposed settlement. Is there someone who knows what a normal settlement is in this situation? I have talked to a few people who have had similar experiences; they are concerned that I am not being taken care of adequately. I just need to talk to someone before signing on the dotted line."

It is VITAL to hire the right attorney the first time. Call our experienced attorneys today. 1-800-Now-Hurt (1-800-669-4878)

"Traumatic Brain Injury Mistaken for PTSD," Says Iraq Veteran

2011-12-22T14:40:00.002-05:00

Turlock, CA By Jane Mundy: Marcel was on patrol in Iraq when a roadside bomb hit his vehicle. He was lucky to be alive, and no one was killed that day. He was later diagnosed with a traumatic brain injury, however, and was recently assessed by Veterans Affairs as 100 percent disabled. To this day, Marcel suffers from severe migraines and dizziness.

"I was the gunner in the second vehicle when a bomb landed in between our two Humvees," says Marcel. "I didn't see or hear the explosion and I don't even know how I got out of the vehicle; the first thing I remember is sitting on the ground.

"I was dazed but I do remember a pain and burning sensation on my neck, then a medic came over. He checked me out and said I had a shrapnel burn on my neck and he put a field dressing on it. Once we all went back to base, I went to the troop medical centre. The doctor checked me out, verified the burn and said that I probably suffered a concussion from the blast."

Marcel wasn't concerned about the concussion. But the next day he went back to the doctor to get something for a headache, which was getting worse. He got home from Iraq in 2006 and filled out all the necessary VA compensation forms. "I told them about my symptoms and my loss of duty report that said I was hit by a roadside bomb," says Marcel.

"Veterans Affairs immediately assumed that my headaches came from post traumatic stress disorder (PTSD) because the symptoms are almost the same as traumatic brain injury, but TBI is a bit more defined; for instance, migraines and dizziness are different." Marcel is correct: It is common to confuse TBI and PTSD because the symptoms are so similar. To make things even more confusing, many TBI patients also develop PTSD. It comes as no surprise that Marcel received VA benefits for PTSD on his first assessment.

"It didn't really matter what I was compensated for but I wanted it on record that I have TBI," says Marcel. "That way the military knows the brain injury came from combat-related injuries and not from my regular, civilian job—I worked for a security company before I went to Iraq. Say you get punched in the head a few times working as a security guard in an apartment complex or a bouncer in a club; I didn't have this TBI before I went to Iraq. And that makes a difference on my benefits claim…

"And TBI is the least recognized injury. I know lots of vets who have TBI but they don't want it known because a lot of employers won't hire TBI victims. For example, The National Guard and Reserve guys have jobs to come back to, but if it's known that they have TBI, they'll get cut loose from their job or maybe just get hired to work 20 hours per week. Sometimes it doesn't matter to the employer if you are disabled. They don't want to take the risk that something might happen to you at work."

Marcel now has a "house-bound" rating from the VA due to his TBI, which means that he cannot work alone in case he gets a migraine or dizziness. Of course this makes it harder for him to find employment.

The VA assessed Marcel again in 2009 and he was rated 100 percent disabled, up from 60 percent from his previous assessment.

"I had a MRI but they couldn't find anything wrong—TBI is soft tissue damage," Marcel explains. "So I had a lot of psychological tests and the VA sent me to a neurologist. He did cognitive and memory tests. As soon as I walked into his office he asked if I knew the right side of my face droops a bit. He said it was more than likely caused by the roadside bomb—I had nerve damage on the side of my face. I didn't notice but my wife had. I asked her that night and she had known but didn't say anything to me; she didn't want me to worry. But I know I have experienced personality changes.

"My migraines will continue because of nerve damage in that part of the body—they are not due to stress. I found out that TBI, no matter how mild the condition, can go unfounded for decades; you may not even know that you have it. Your friends might ask, 'What is up with this guy? He is acting weird and we don't know why.' And the guy who has TBI has no idea that he is acting any differently. You can see a broken limb, but you can't see inside your brain.

"And it is hard to get treatment; there is not really a cure. Sure, I can get painkillers but that is about it. If someone gets into a car accident, which is the most common reason that someone winds up with TBI, I urge them to contact a personal injury attorney right away, and let them know that you might have a TBI along with the accident. And about 99 percent of the time, that attorney, if they are doing due diligence, will have a doctor examine you ASAP."

"Is My Sex Life Over?" Asks Transvaginal Mesh Victim

2011-12-22T14:32:00.001-05:00

Cypress, CA By Jane Mundy: Back in 2004, Mary had problems with incontinence, a common symptom of pelvic organ prolapse. After one embarrassing incident, she acted on her doctor's advice and had Transvaginal Mesh (TVM) surgery. She had medical insurance and a good doctor. Mary also says she had a quick recovery, but TVM complications set in, literally, and have all but ruined her sex life.

"My husband and I waited about two months to have sex after surgery but he said that something inside me was scratching him," says Mary, age 61 (not her real name). "And I was in a lot of pain, like a gut punch during intercourse. I saw a gynecologist but she just prescribed some medication, like a lubrication. I had no idea how that would help but I tried it anyway. At that time my husband and I temporarily broke up so I didn't have sex until a few years later, in 2008. I should say, we tried to have sex—it hurt too much. Then I lost my job, which meant I no longer had health insurance. We didn't get back together until recently, and we tried to have sex for the first time in years just last week, but it was way too painful.

"I can understand how couples are getting divorced because of this transvaginal mesh, especially if they are younger. I know I needed medical treatment sooner, but I couldn't afford it; those two years without medical insurance really made this messy situation worse.

"I have an appointment with another gynecologist next week because I finally have insurance, but I don't know what can be done. Has this mesh eroded? Can the mesh be seen by a laparoscopy or an MRI? I have no idea how it can be investigated but I do know that I have a serious problem. And I know it has to be resolved sooner than later, hopefully while I have insurance.

"As for the statute of limitations, I have been told by one attorney that I waited too long to take action, but that is only because I didn't have insurance for two years. My real hope is that this transvaginal mesh can be removed, otherwise my sex life is over, forever. It is just too painful."

Some attorneys are looking at cases that have past the statute of limitations. There are a number of variables involved, one of which is determined by state. An experienced attorney, one who is specifically working with transvaginal mesh plaintiffs, can advise Mary. And an attorney can obtain Mary's medical records: so far she has been unable to find out whether she was implanted with a transvaginal mesh sling made by Johnson & Johnson—the most common of brands on the market—or another brand. Mary also wants to know how on earth a company such as Johnson & Johnson was able to get its TVM product on the market without long-term testing…

On December 8 of 2011, a Texas woman, Nancy Feidler, and her husband filed a TVM lawsuit against Johnson & Johnson, alleging the company negligently designed and marketed the defective products Gynecare Proflit and TVT, both of which are used to treat pelvic organ prolapse.

Nancy Feidler had the TVM implanted in 2006. Two years later the FDA issued a warning that transvaginal placement of mesh device systems, including Johnson & Johnson's TVM, could cause erosion of the material, infection, pain, urinary complications and recurrence of prolapse or incontinence. The lawsuit accuses Johnson & Johnson of negligence, strict products liability, breach of express and implied warranties, and fraudulent misrepresentation and loss of consortium. The Feidlers are asking for an award of damages for mental and physical pain and suffering, medical expenses, lost wages, and punitive and treble damages, along with attorney's fees, court costs and interest.

Multiple Zoloft Lawsuits Reportedly Filed - linked to birth defects

2011-12-20T11:38:00.002-05:00

Detroit, MI By Heidi Turner: Multiple Zoloft lawsuits have reportedly been filed against the maker of the antidepressant, alleging Zoloft pregnancy led to children being born with birth defects. Those birth defects allegedly include Zoloft heart birth defects.

According to The Madison St. Clair Record (11/30/11), at least eight couples gave birth to children with various birth defects after the expectant mothers used Zoloft while pregnant. Lawsuits were filed on behalf of those eight couples, arguing that the mothers took the Zoloft while pregnant believing that the medication was safe for the babies.

Among the reported birth defects were heart defects, neural tube defects, craniosynostosis, cleft lip and omphalocele. Lawsuits against Pfizer, maker of Zoloft, state that the company either knew or should have known that Zoloft could cross the placenta, potentially causing harm to the unborn fetus. Furthermore, the lawsuits allege that Pfizer knew of the risks of taking Zoloft while pregnant but did not warn the public about those risks and marketed the medication as being the safest antidepressant available.

Lawsuits against Pfizer claim breach of express warranty, negligence, fraud, and misrepresentation and violation of consumer protection laws.

Meanwhile, lawsuits have also been filed alleging that some infants born with birth defects linked to Zoloft have died shortly after birth. One such lawsuit was reportedly filed by a Missouri family, who alleges their daughter died one day after birth. The family says the infant was born in October 2009 with ventricular septal defect, atrial septic defect and pulmonary valve atresia, which the family alleges was caused by the mother's use of Zoloft while pregnant.

According to Yahoo News (11/29/11), the parents, Paula Peska and Scott Day, allege in their lawsuit that Pfizer knew about the dangers to infants but failed to warn parents about those risks.

In a different lawsuit, the parents of an infant boy who died 18 hours after birth allege the mother's use of Zoloft while pregnant contributed to the infant's death. The boy, Dillion, was born with anencephaly, a birth defect in which the infant is missing the forebrain and cerebrum. Most infants born with anencephaly die within hours or days of birth. A 2007 study published in the New England Journal of Medicine found a link between the use of Selective Serotonin Reuptake Inhibitors (SSRIs) during pregnancy and an increased risk of birth defects. Included in the reported links was an increased risk of anencephaly in infants exposed to sertraline (the generic form of Zoloft).

Injury Attorneys at Buttafuoco & Associates have handled some of the countries TOP Birth Injury/Birth Defects cases. Call today for a free evaluation of your claim at 1-800-669-4878.
www.1800NowHurt.com

FDA Votes to Strengthen Warnings on Ortho-Evra Patch

2011-12-13T15:26:00.001-05:00

Washington, DC By Lucy Campbell: A post-marketing report released in October by the Food and Drug Administration (FDA) on the safety of new generation contraceptives reportedly states that the Ortho Evra Patch from Johnson & Johnson's Janssen division, and the norelgestromin/estradiol vaginal ring, are associated with an increased risk for venous thromboembolic events (VTE), compared with contraceptives containing lower doses of estrogen. The Ortho Evra Patch and the ring both contain higher levels of estrogen compared with older or second generation birth control pills.

A recent meeting of a special FDA panel set up to review the safety of new generation contraceptives addressed labeling of the patch, and they voted 20-3 in favor of making the labeling more clear - that it should state the risks associated with using the patch. This will make the fourth time Janssen has changed its labeling on the patch since 2005. Earlier this year the FDA added a boxed warning to the contraceptive saying that one study found the risk for VTE to be significantly greater with Ortho Evra than with lower-estrogen birth control pills.

Lawsuits have been filed by women who allege they suffered serious Ortho Evra side effects, which reportedly include blood clots in the legs and lungs as well as heart attacks and strokes. Women who use the Ortho Evra patch allege they were harmed by use of the birth control patch, while some families claim their loved ones died after using Ortho Evra birth control.

The FDA panel also addressed safety issues related to birth control that contains drospirenone, such as Yaz/Yasmin, Beyaz and Safyral, voting overwhelmingly to strengthen the warnings on drospirenone-containing birth control, to warn patients about the risk of blood clots associated with the contraceptives. This followed an FDA released a safety announcement (September 2011) indicating a 1.5-fold increase in the risk of blood clots for women who use drospirenone-containing birth control pills compared to users of other hormonal contraceptives. Bayer, the makers of YAZ/Yasmin, are also facing a raft of lawsuits.

Abbott Laboratories Faces Whistleblower Lawsuit Concerning Depakote

2011-12-06T12:07:00.003-05:00

Chicago, IL By Heidi Turner: Abbott Laboratories, maker of Depakote faces a whistleblower lawsuit alleging the company illegally marketed its epilepsy medication.

According to the Chicago Tribune (11/13/11), a whistleblower lawsuit was filed in 2010 by Thomas Spetter Jr, who alleges he was told to market Depakote, an epilepsy drug, for off-label uses. Specifically, Spetter says he was told to market Depakote as a treatment for agitation associated with dementia, a use of Depakote that was not approved by the US Food and Drug Administration (FDA).

Off-label use of a drug refers to uses that are not approved by the FDA. It is not illegal for doctors to prescribe a medication for off-label use, and in fact it happens frequently. It is, however, illegal for companies to market their medications for off-label use. This is because drugs have not been adequately tested for safety or effectiveness when used for unapproved purposes.

Now, the US Department of Justice is involved in the Depakote lawsuit, investigating whether or not Abbott illegally marketed Depakote. In October 2011, Abbott reportedly announced it set aside $1.5 billion to settle allegations about its medication. A spokesperson told the Tribune that discussions are ongoing, but did not elaborate.

Allegations against Abbott reportedly include that the company encouraged the off-label marketing of Depakote and gave illegal kickbacks to doctors who were willing to talk about off-label uses of the drug. Although Depakote is approved to treat seizures and prevent migraine headaches, it is not approved to treat dementia. Sales reps were allegedly trained to teach doctors to miscode a patient's illness so Depakote could be prescribed without alerting regulators.

Some studies have linked the use of Dapkote while pregnant to serious birth defects in children exposed to the medication prior to birth. Among the reported Depakote birth defects is spina bifida, a birth defect in which the spinal cord and backbone do not develop properly. According to a study published in the New England Journal of Medicine (09/10/10), among infants exposed to valproic acid (the generic name for Depakote) during the first trimester, the risk of spina bifida was 12 to 16 times as high as infants not exposed to the medication.

Furthermore, the risks of atrial septal defect, cleft palate, hypospadias, polydactyly and craniosynostosis were two to seven times higher than the risk of infants who were not exposed. Researchers also reportedly found an increased risk of limb defects in infants exposed to valproic acid.

Researchers found that exposure to valproic acid during the first trimester was associated with an increased risk of six birth defects when compared with infants not exposed to antiepileptic medications. They further found that exposure to valproic acid was associated with an increased risk of birth defects even when compared with other antiepileptic medications, leading them to support recommendations against the use of valproic acid, where possible, in pregnant women.

Transvaginal Mesh: Do Attorneys Need to Inform Surgeons?

2011-12-01T11:21:00.003-05:00

By Jane Mundy: Increasingly, women who have suffered severe complications from transvaginal mesh are coming forward and seeking legal help. Some women say their doctors don't want to deal with it, or worse, they are told that the pain of mesh erosion is all in their minds." Those attitudes belong in 19th century and certainly not today.

Some women aren't getting any help from their doctors—possibly because there isn't an easy fix to mesh erosion or because doctors are reluctant to clean up the mess that a defective device has caused, particularly at the hands of another surgeon. Consequently, these women don't know where to turn, they are afraid, and there is a statute of limitations.

"Silence is a big problem with this transvaginal mesh sling procedure," says attorney Paul Miller. "Women are too afraid to go back to their doctors, after having been told they are fabricating symptoms, and this attitude seems to be pervasive throughout the US and in Canada."

Surgeons may also be wary of getting involved, because the TVM manufacturers, such as C.R.Bard, the maker of Avaulta, and Johnson & Johnson, the maker of Ethicon TVT, will try to blame the doctor who did the surgery, according to Miller. Historically, this has been the case with a number of other medical devices (most recently, Zimmer Holdings blamed surgeons' techniques when its Zimmer Durom Cup hip replacement failed thousands of patients).

What is shocking to TVM victims—besides the horrific complications, of course—is that the manufacturers never tested their mesh and never conducted clinical trials on patients—although some six-month post-surgery follow-ups were done. "Nobody wanted this stuff in them, and nobody knew the consequences," says Miller.

One woman (name withheld) is suffering to the point where she has considered suicide. She recently told her doctor that her bottle of sleeping pills "is looking pretty inviting" and her husband has to take all her meds to work with him, just leaving her enough for the day. "Pain and depression are a lethal combination," she says. The more she learned about transvaginal mesh, the more depressed she became.

She wonders whether these manufacturers studied or even mentioned what happens when migrating fibers of mesh enter your blood stream. "Will I have blood clots in my lungs and brain and heart to look forward to?" she asks. "I read that those side effects have happened to hernia mesh victims with the same kind of mesh that I have, only larger pieces of it are used to correct hernias. It only takes a few tiny pieces of this crap in your bloodstream to potentially kill you. And the leaching chemicals, as they break down, increase the risk of cancer…"

On one positive note, she adds that a friend has been having pelvic problems and her doctor is recommending surgery. "When she asked if they were going to use sutures or mesh he replied that he wouldn't use mesh as there are too many problems with it. Thank God for one informed doctor," she says.

If you or someone you know has suffered injury as a result of a defective product or medical malpractice call our office today at 1-800-Now-Hurt (1-800-669-4878)

Are Diabetic Native Americans at Greater Risk for Actos Side Effects, too?

2011-11-17T11:33:00.002-05:00

Tempe, AZ: November is National Diabetes Month and according to the American Diabetes Association (ADA, www.diabetes.org), there are roughly 26 million Americans living with diabetes—and another 79 million at high risk of developing type 2 diabetes. The numbers are startling—in fact, every 17 seconds someone is diagnosed with diabetes, and the disease kills more people than breast cancer and AIDS combined each year. According to the Centers for Disease Control (CDC), diabetes is the seventh leading cause of death in the US.

Native Americans Diagnosed with Type 2 Diabetes at High Rates

While the data are staggering, what lies within the data is even more alarming—and unfortunately beneath the radar of most mainstream mass media. One of the populations most devastatingly affected by type 2 diabetes in particular are American Indians.

According to the US Department of Health and Human Services, Indian Health Service (IHS), when comparing the mortality rates for the American Indian and Alaska Natives (AI/AN) in the IHS Service Area during 2004–2006 for diabetes, with those of All Races in the US in 2005, the AI/AN population had a mortality rate of 68.1 per 100,000 population, while All Races in the US had a mortality rate per 100,000 of 24.6—an almost three-fold disparity in mortality between the two groups.

Additionally, diabetes ranks in the top five leading causes of death for AI/AN populations—along with heart disease, malignant neoplasm (cancer), unintentional injuries and cerebrovascular disease (stroke).

The high incidence rate of diabetes type 2 within the Native American population contributes to a life expectancy that is 5.2 years less than the general US population (all races); based on 2003–2005 rates, the average life expectancy for the AI/AN population was 72.6 years compared to 77.8 years for the general US population.

High Rate of Diabetes Equating Higher Incidence of Actos Side Effects?

Given the data, and that the recommended algorithm for treatment of type 2 diabetes and glucose control1 includes Metformin (e.g., Januvia) and Thiazolidinediones—aka Actos2—it's a cause for concern. After all, when there is such disparity in the rate of diabetes incidence among AI/AN, it stands to reason that there would also be a disparate occurrence of Actos side effects (or Avandia side effects). (Read more about Actos vs Avandia here.)

Avandia had been the diabetes drug in the spotlight during the last year over concerns about harmful side effects, including an increase in risk of heart attack. However, since Avandia—which is due to come off retail pharmacy shelves this month—has had restrictions placed on its use as a result of the FDA announcement back in May 2011, the focus has shifted to Actos and the potential for harmful Actos side effects that are similar to those of Avandia.

Following the FDA announcement restricting Avandia use, some patients were switched to Actos. As attorney J. Benton Stewart indicated in an interview with LawyersandSettlements.com at the time, "Many people who began taking Avandia were switched to Actos as a less expensive drug. At the time, it was believed that Actos was not as harmful a drug, but over time that has not been proven to be true. The FDA has linked Actos to bladder cancer, which is now a warning on the Actos label."

Actos side effects include liver and cardiovascular issues, as well as an increased risk of fractures and an increased risk for bladder cancer.

Limited Health Care Access, Limited Awareness of Actos Side Effects

In the midst of all this, are American Indians—who according to the IHS "have long experienced lower health status when compared with other Americans. Lower life expectancy and the disproportionate disease burden exist perhaps because of inadequate education, disproportionate poverty, discrimination in the delivery of health services, and cultural differences. These are broad quality of life issues rooted in economic adversity and poor social conditions."

A lack of educational resources regarding health care choices—or simply the inability to access the same level of quality health care compared to the general US population—may be putting American Indians at an even greater disadvantage. Having access to prescription diabetes drugs such as Actos is one thing, but access without proper education about potential Actos side effects and how to address them raises the level of risk.

Attorney Stewart, who not only works with several tribes on issues concerning native populations but also traces his own heritage to the Upper Creek Nation, states that "Indigenous people are genetically twice as likely to get type 2 diabetes. Many American Indians are on a supplemental drug plan and Actos has historically been the cheapest drug to treat diabetes. They are receiving treatment for one disease but are not being screened for side effects as a result of their Actos use."

November is not only National Diabetes Month, but also Native American and Alaska Native Heritage Month—with a theme of "Native Youth: Connecting Cultures and Wellness," it's an opportune time to recognize the disparity between the AI/AN and general US populations regarding diabetes diagnoses, as well as to ensure that medical and drug information is available and accessible to all who need it.

1. Source: IHS, from the ADA Clinical Practice Recommendations 2010 Diabetes Care, 2010;33 and Medical Management of Hyperglycemia in Type 2 Diabetes: A Consensus Algorithm for the Initiation and Adjustment of Therapy Diabetes Care 2009;32(1):193–203
2. Actos (Pioglitazone) is not listed on the IHS National Core Formulary.

Transvaginal Mesh Lawsuits Mounting...

2011-11-08T11:38:00.003-05:00

If you or someone you know suffered complications as a result of the transvaginal mesh for pelvic organ prolapse you need to call our office RIGHT AWAY. Before the statute of limitations expire on your claim call our qualified attorneys for a free consultation. We can help you. 1.800.Now.Hurt (1.800.669.4878).

LABOR LAW – $1.3 Million Settlement for Fall from Scaffold - spinal injuries

2011-11-01T16:08:00.003-04:00

Labor – Fall from Scaffold Results in Spinal Injuries
XX/25-40 LABOR LAW – FALL FROM SCAFFOLD – SUMMARY JUDGMENT ON LIABILITY

BULGING CERVICAL AND LUMBAR DISCS, TORN MENISCI, AND CONCUSSION

SETTLEMENT: Zach D. v. City of New York; Perini Corporation v. Nelson Maintenance Services, Inc.

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, P.L.L.C., Woodbury.

Deft. Atty: David E. Potter of Lazare, Potter, Giacovas & Kranjac, L.L.P., Manhattan, for City of New York and Perini Corp.

Jeffiey S. Feinerman of Meiselman, Denlea, Packman & Eberz, P .C., White Plains, for Nelson Maintenance Services.

This case settled just before plaintiff rested for $1,300,000. Plaintiff, a 39-year-old union painter employed by Third-party defendant Nelson Maintenance Services, fell off a double Baker scaffold which collapsed under him while working at the sewage treatment plant at Coney Island in Brooklyn. Defendants contended that the accident did not happen as plaintiff claimed. Plaintiff was granted summary judgment on the issue of liability pursuant to Labor Law §240(1 ).

Injuries: bulging cervical disc at C4-5; bulging lumbar disc at L4-5, with radiculopathy on the right side confirmed by EMG; torn medial and lateral menisci in the right knee requiring arthroscopic surgery and future total knee replacement; mild concussion with post-concussion syndrome and headaches; questionable chip fracture of the right calcaneus. Defendants claimed that the arthroscopic surgery that was performed was a routine operation, and did not result in permanent disability. Defendants also contended that there was no fracture to the calcaneus. Plaintiff claimed that he is unable to work, and he has not returned to work. He claimed lost earnings in the range of $40,000 to $50,000 per year plus benefits. Defendants disputed the extent of plaintiff s lost earnings, claiming that he had a sporadic work history with union earnings of only $20,000. Plaintiff’s vocational rehabilitation expert testified that plaintiff had sustained past lost earnings of $500,000 and future lost earnings of $1,500,000. The judge struck his testimony, finding that there was insufficient factual basis, since no W-2s or tax returns, were provided. Specials: $26,000 for past medical expenses; $200,000 for future medical expenses. Demonstrative evidence: MRIs; EMGs; models of the spine and knee. Settlement apportionment: Perini paid $150,000; Nelson paid $1,000,000, policy coverage, and $150,000 from the State Insurance Fund 1B coverage. Carriers: GAN for Nelson ($1,000,000 policy); St. Paul for Perini.

Pltf. Expert(s): Dr. Irving Friedman, neurologist, Brooklyn; Dr. Ali Guy, physiatrist, Manhattan; Dr. Frank Carr, orth surg., Brooklyn; Stuart Sachnin, Ph.D.,vocational economist, Manhattan, ( testimony striken).

Deft. Expert(s): Defendant would have called Dr. Jerome Block, neurologist, Manhattan; Dr. Aldo Vitale, orth. surg., Brooklyn.

What is a Personal Injury Lawsuit?

2011-10-25T13:58:00.001-04:00

personal injury lawsuit is a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, slip and fall, or a defective product. Personal injury can occur anywhere: at work, in your car, in the hospital, at a restaurant, on the sports field or simply walking down the street. Illness is also classified as personal injury in work-related and industrial diseases, from stress and anxiety to asbestosis and pulmonary disease.

Personal injury lawsuits are designed to redeem compensation for past and future medical bills, lost wages, pain and suffering. The most common personal injury lawsuits involve car/truck accidents, sports injuries, work-related injuries, defective products, negligence and malpractice. These injuries can severely damage a person's future with disabling head and brain injury, spinal cord injury, back and neck injury, birth injury, knee injury, paralysis. Even dog bites can cause serious injury.

Injuries at work can also be extremely disabling; employees can sue for damages incurred from exposure to toxic chemicals or harmful materials, safety hazards, accidents due to poor equipment or negligence, wrist injury and carpel tunnel.

A personal injury attorney can help resolve your injustice. Click on one of the links below to submit your case and related injury.

GMC Side-Curtain Airbags Defective?

2011-10-18T13:58:00.003-04:00

Chicago, IL By Jane Mundy: When the side-curtain airbags in Lisa Jarrett's GMC Envoy Excel deployed without cause—there hadn't been a car accident—she thought "it was a gunshot because you see this flash of light," then there was another bang as the steering wheel airbag exploded.

In a Catch-22 scenario, Jarrett, who had driven the sports utility vehicle for the past six years, had it towed to the closest GMC dealership where she was told by the service manager that it couldn't be fixed. Apparently the SUV hadn't been in an accident when the side-curtain bags deployed and, according to Jarrett, GMC instructed the dealership not to touch the vehicle. So Jarrett contacted GMC and was informed that the company would investigate, which could take up to a few months.

However, the dealership's service manager had encountered the side airbag problem before, but "he wasn't allowed to talk about it." Of course, this comment begs the question: is GMC covering up a defective airbag problem? Is the Envoy Excel a lemon SUV?

Meanwhile, Jarrett sustained a side-curtain airbag injury (swollen arm), and she had to pay for a rental car, not to mention the inconvenience, and possibly the scare of her life and her passengers (her son was in the back seat and her aunt was also in the vehicle). GMC said it would reimburse her for the $200 per week rental car after the investigation and only if they are at fault.

Needless to say, Jarrett doesn't want to get behind the wheel of this SUV again. She thinks that GMC is "stalling and trying to hide what could be a real problem for its customers." FOX Chicago News tried to contact GMC, but to date they haven't received a reply.

Side Airbags vs Side Curtain Airbags

Luckily, Jarrett's son was in the backseat. According to airbag research, so-called "improved versions" of airbags, such as side-curtain airbags, are still not designed for children, who are best protected in the rear seat.

Side air bags, which are sometimes called "curtain air bags," can come out of the seat, the side of the seat or from the roof above the windows. They are designed to protect the side of the body, including the head, chest and pelvis, in a side impact crash. Side air bags are smaller and deploy with less force than frontal airbags, but a child could sustain an injury if his or her head is too close to the air bag.

Generally, side airbags are fitted into the outer cushion of the front seats, to line up with the passenger's torso (some vehicles have side airbags mounted in the front doors). Side Curtain airbags drop down from the roof along both sides of the cabin. The curtain airbags give better protection because they cover most of the glass area and also help protect rear occupants. According to Drive.com, you're safer with side airbags than without, but curtain airbags give better protection for front and rear occupants alike.

According to IIHS spokesperson Russ Rader, "Even if a head curtain airbag covers the rear seats where children are most likely sitting, it won't necessarily offer them any protection. Most children are too short to receive any protection from a curtain-type side airbag."

Curtain airbags may offer better protection in a collision—but not when you're driving down the road at 25mph like Lisa Jarrett.

A Surge in Avaulta TVM Claims and Reclassification

2011-10-06T11:18:00.003-04:00

Washington, DC By Jane Mundy: As attorneys are dealing with a deluge of Bard's Avaulta transvaginal mesh claims, even manufacturers of transvaginal mesh—including Bard—agree that more safety studies (clinical trials) and labeling changes warning of potential risks are needed.

More TVM clinical trials beg the question: Why was the mesh FDA-approved and implanted in thousands and thousands of women without establishing first the clinical effectiveness of surgical mesh for pelvic organ prolapse (POP)?

The Avaulta TVM and other TVM products—currently classified as "moderate risk devices"—became available without rigorous studies and trials thanks to the 510(k) process, which means that a new device only needs to be as good as a device currently on the market. All that Bard had to do was to show that its Avaulta mesh was "substantially equivalent" to other meshes already FDA-approved and on the market.

In September 2011, an advisory panel and the FDA decided that the mesh should be reclassified from moderate to high risk (Class III) of harming patients if it fails, and require more studies to determine if it's safe and effective. This reclassification means that pre-market clinical testing for new mesh products is mandatory and mesh manufacturers can no longer race their product to market under the 510(k) process.

Last year alone, more than 75,000 women had the mesh vaginally implanted. The FDA received 1,503 reports of injuries or malfunction between 2008 and 2010, which is a five-fold increase from the two previous years. Now, more than 600 lawsuits have been filed against the two biggest manufacturers—Johnson & Johnson and C.R. Bard Inc. Still, Bard representatives and other industry members, including J&J, told an FDA advisory panel that using mesh in transvaginal procedures is safe and effective, and serious injuries are rare.

Bard fell 64 cents to $93.57 on the New York Stock Exchange. After having estimated its global POP market at $175 million, the company reported its mesh market fell about 30 percent in 2010 due to "regulatory delays" on product approvals.

The FDA now has the opportunity to protect women and warn of transvaginal mesh adverse events, but the warning has come too late for thousands of TVM recipients who have reported that Avaulta mesh did nothing to help their condition. Rather, the mesh resulted in even more suffering, including chronic infections and pain and painful sexual intercourse (or no sex). Some women are facing surgery to remove the mesh…Bard is likely facing many more lawsuits.

Conflict regarding the Dangers of Yasmin/Yaz

2011-10-04T14:42:00.002-04:00

Washington, DC: Since 2003, the FDA has been warning women of blood clots and other serious side effects associated with Yasmin or Yaz, and just recently announced another safety warning, yet the agency stopped short of stating that the birth control pill's risks outweigh the benefits.

The FDA issued a safety announcement (Sept 26, 2011) stating concern "about the potential increased risk of blood clots with the use of drospirenone-containing birth control pills." Yet after completing its review of the two 2011 studies that evaluated the risk of blood clots for women who use drospirenone-containing birth control pills (Yasmin and Yaz contain the highest amount of drospirenone), it has not reached a conclusion. The agency is still reviewing the "conflicting" studies and is scheduled to release full findings of the agency-funded study this December.

Between 2004 and 2008, Yasmin (also known as Yaz) had reportedly caused more than 50 deaths in women as young as 17. In 2007, the advocacy group Public Citizen called for a ban on Yaz, citing studies from 1995 onwards linking it to heart attack and stroke.

Since that time, thousands of lawsuits have been filed against Bayer, the manufacturer. Bayer has also come under fire from the FDA for misleading the public, saying its marketing is misleading and that it has promised medical benefits such as treatment of PMS and even acne not approved by the agency. Still, Yasmin and Yaz are widely prescribed.

Bayer's $20 million advertising campaign a few years back may have backfired as plaintiffs say it did nothing to warn them about the pill's dangers before they started taking it. Instead, it promoted the benefits of drospierenone as opposed to other progestins.

Bayer's voice-over says in the commercial that "You may have seen some Yaz commercials recently that were not clear…The FDA wants us to correct a few points in those ads." But its corrections were not in synch with the FDA. Instead Bayer said that "Yaz is used to treat the less serious premenstrual dysphoric disorder and moderate acne, not the more serious premenstrual syndrome or mild acne as Bayer once advertised." It also said "Ask about Yasmin, and the difference a little chemistry can make."

Consequently, Bayer was issued a warning letter by the FDA in July 2003 because, among other things, the maker failed to disclose that "YAZ has additional risks because it contains the progestin, drospirenone...which may result in potentially serious heart and health problems."

According to Bayer's 2009 Annual Report (page 243), as of February 15, 2010, there were about 1,100 (including Yaz, Yasmin and Ocella) lawsuits pending in the US. "Plaintiffs seek compensatory and punitive damages, claiming, in particular, that Bayer knew or should have known the alleged risks and should be held liable for having failed to disclose them or adequately warn users of Yasmin® and yaz®..."

According to the Madison St. Clair Record, 53 more lawsuits were filed against Bayer in St. Clair County Circuit Court this past summer. Their claims are similar to those plaintiffs in the Multi-District Litigation in federal court in East St. Louis: Yasmin and Yaz cause gallstones, blood clots and more serious adverse events—including heart attack and stroke.

Bayer's annual report also says that "additional lawsuits are anticipated."

Traumatic Brain Injury ("TBI") and the UNIQUE questions involved in representing TBI victims

2011-09-22T13:10:00.005-04:00

TBI is a little understood injury in which the injured victim is injured as the result of direct (and sometimes indirect) trauma to the brain. As attorneys involved in the representation of victims of ALL TYPES OF ACCIDENTS we are very much aware of the peculiar issues involved in representing clients who are the victims of TBI. Some of the issues presented in TBI cases are unique to these types of cases.

One of the most difficult aspects of handling a TBI case is that the victims of TBI often look exactly like other healthy people. Indeed, they may look no different than anyone else you may meet on the street so it is hard for decision makers (judges, juries, claims adjustors) to appreciate the full impact of the injury to the victim. They also look no different than they may have looked BEFORE the accident so this poses a special challenge to the attorney who is trying to communicate the seriousness of this injury to a judge or a jury or an insurance adjustor, in order to get fair and adequate compensation for his client. Many of these cases are settled for insufficient amounts because the lawyer himself does not appreciate the seriousness of the injury or the significance of the complaints the client is making. It is, therefore VERY IMPORTANT for a client to have a lawyer who is experienced in handling and understanding TBI cases.

In many TBI cases the victim of the TBI is often not able to report a "LOC" or "loss of consciousness." Think about it. How can someone tell if they lost consciousness if they were not conscious?! It is often necessary to rely on the testimony of third party witnesses to tell us whether the patient was unconscious at the scene of the accident. Even a short loss of consciousness can be very significant in diagnosing a TBI. The lawyer must do a thorough investigation of the events surrounding the accident.

Furthermore, loss of consciousness (LOC) is NOT NECESSARY for even a serious TBI, a strange as that may seem. There is the famous case of Phineas Gage, a railroad man at the turn of the last century. By a freak accident, he had a an entire railroad spike embedded in his brain (through his eye) and he NEVER SUFFERED A LOSS OF CONSCIOUSNESS!!! Amazing. His case is still studied and cited by experts everywhere. Serious brain injury with no loss of consciousness!! He may not have suffered any loss of consciousness but his entire personality changed after the accident. He was a different man! And not in a good way.

Finally, YOU DON'T NEED A DIRECT IMPACT TO THE BRAIN TO SUFFER A TBI! There are many reported cases, especially involving women (who have more delicate bone structure in the neck) where a WHIPLASH type injury caused a serious TBI. These cases present a special challenge as the opposition tries to defend these cases by saying that there never was any head trauma. The point, however, is that you do not need head trauma to have BRAIN TRAUMA!! The brain can slosh around inside of the head and cause serious neurological injury to the "white matter" without any bump whatsoever to the head. Any decent expert will concede that.

It is also important to note that each and every person's brain responds differently to trauma. It is possible that what may be nothing to one person's brain may result in serious injury or even DEATH to another person with the identical trauma. In other words, strange as it may be, some brains can withstand trauma more than others. I recently had a client who died as a the result of a very minor blow to the head. Two people can be in the exact same car during the same accident and one can die (or be seriously injured) while the other is fine.

Thankfully, there have been many recent strides made in the diagnosis and treatment of TBI cases. Much of the publicity and research is being driven by the recent spate of news stories involving head injuries of NFL football players who have suffered devastating effects of TBI that few would have thought possible. The statistics are becoming alarming as a significant number of players are experiencing early death and becoming debilitated in late life from what they thought were "minor" concussions they sustained as players. This has spread awareness and concern to similar injuries in high school athletes where the equipment worn for protection in contact sports my not be adequate to protect the players' brains. Furthermore, much research is being done on soldiers with head injuries returning from the wars in Iraq and Afghanistan and breakthroughs in technology and computerized testing is now available to more adequately diagnose and treat these serious TBI injuries.

The brain is a complex and delicate organ. It is composed of both "grey" and "white" matter. Experts will uniformly tell you that the brain has the consistency of Jello. The curves, folds and indentations of the brain that we often see on diagrams and models is what we typically refer to as the "grey matter." That is the brain tissue, if you will. It is what you would be holding if you were holding a brain your hand (this is an oversimplification, of course). the white matter is the "wiring" of the brain and is composed of many millions of delicate neurons, axons and dendrites and other connective wiring that makes the brain function. It is the wiring of the brain that lets the brain communicate to itself.

Until recently, the only damage that could ever really be visualized in medical tests such as CT scan or MRI was damage to the grey matter. Many TBI victims were often undiagnosed because the MRI and CT scan tests would report back as "normal" when the patients were anything but normal. These patients continued to experience TBI symptoms of headaches, inability to concentrate, dizziness, vision problems, reactions to loud noises, personality changes, loss of taste or smell, balance issues, confusion, memory loss (both long and short term) and other symptoms. What was going on? They wondered.

While there have always been sensitive and talented neurologists and neuro-psychologists that were able to clinically diagnose these patients by spending considerable time on evaluating their complaints in detail, many patients were given short shrift and told that they were "OK" and should just "get on with heir lives." This was very discouraging for those TBI patients who simply knew that they did not feel well and could not perform and face life's challenges the way they used to. It was very frustrating for them to be told that they were healthy when in fact, they were not.

With the invention of new technology such as DTI (Diffuse Tensor Imaging) and other sophisticated tests, we can now "see" damage to the white matter (brain wiring) and are able to diagnose neural axonal shearing, which is a tearing disruption of the brain's wiring. In addition, there are other sophisticated tests which can measure loss of brain volume and "see" microscopic "bleeds" in different areas throughout the brain that may correspond to the particular complaints and difficulties the patient is having. This gives strong credibility to the TBI patient and is comforting in assuring them that they are "not crazy" or "faking" as some heartless people have claimed. They are, in fact, seriously neurologically injured and need our help. In the handling of accident cases it may be surprising to learn that it is often the lawyer of the victim who assists in actually diagnosing the patient with TBI and not the doctors because it is the lawyer who has the most regular and constant interaction with the patient over time and comes to realize that the patient is having difficulties processing information which the patient often may not realize, themselves. The lawyer may then refer the patient to the appropriate specialist to finally get the tests needed to get the patient help.

The other important thing to realize about TBI is that it is an injury that is more like a disease than an event (like a broken bone, for example). In a typical trauma to the body case, the body suffers an injury and then that injury gets treatment and, over time, it heals. In the example of the fractured (i.e. broken) bone, it typically heals up stronger than it was before the accident and the patient can resume his/her normal activities. Brain injuries are not like that. Brain injuries can be PROGRESSIVE, meaning that they get WORSE as time goes on and as the patient gets older. TBI has been known to bring on, for example, an EARLY onset of Alzheimer's Disease in patients that would have suffered from that disease eventually. There is something about TBI that causes loss of brain volume, as well. There are also now tests that can measure this. Although much is still not understood about TBI, we are making progress. TBI is best understood as an ongoing disease process, not as a one time event.

TBI patients need lots of help. They need cognitive retraining and other expensive services that cost many thousands of dollars over many years to make they more functional. Lawyers have to project and present the FUTURE COST of treatments to TBI patients in FUTURE DOLLARS so that the jury or judge can understand what will be necessary for the patient in the future. This is the only way to ensure that the victim of a TBI receives the care that he/she needs. Most of this treatment is not covered by health insurance.

One of the saddest things about TBI is that the patient becomes a "different person" than he/she was BEFORE the accident. This is sort of a "death" of the patient, as it were. with the patient being replaced by a new and completely different person, in more extreme cases. This can be terribly taxing on the family and particularly the spouse of the TBI victim. There are many situations in which the family simply deteriorates after a TBI to a family member because the family is not able to cope with the special needs of a TBI victim. It takes a great deal of patience, love and understanding for families to deal with problems of this magnitude.

The next time you encounter someone with a TBI, even though they may "look normal" try to be understanding and open minded to their plight and understand that they are going through a very difficult and painful life change and will likely never be the same person again.

Buttafuoco & Associates
Top Brain Injury Lawyer
Voted BEST LAWYER five years in a row!
Over $250 Million recovered for our clients.
www.1800NowHurt.com

Can I change attorneys in the middle of a case? Can I switch lawyers?

2011-09-22T12:11:00.004-04:00

The experienced Personal Injury Attorneys/Medical Malpractice Lawyers at Buttafuoco and Associates answers: "Can I switch attorneys in the middle of a case? Can I change lawyers during a personal injury case? How do I change lawyers? "

Buttafuoco & Associates
Personal Injury Attorneys/Medical Malpractice Lawyer
Voted BEST LAWYER five years in a row!
Over $250 Million recovered for our clients.
www.1800NowHurt.com

18 Hurt When Partial Building Collapse Sends Debris Onto Bus At 125th Street In Harlem

2011-09-20T13:36:00.004-04:00

NEW YORK (CBSNewYork) – Part of a building collapsed Tuesday morning, striking a city bus at 125th Street between Frederick Douglass Boulevard and St. Nicholas Avenue.

The brick facade of a 2-story building at 305 West 125th Street, which was being demolished, collapsed and sent debris onto scaffolding protecting the sidewalk surrounding the site around 9:15 a.m. Part of that scaffolding collapsed as well. Debris from the collapse struck the back of a city bus which had 30 passengers on board, 1010 WINS’ Terry Sheridan reports.

Officials said a total of 18 people were injured, including a mix of passers-by, workers and passengers. Two police officers also suffered minor injuries trying to rescue people.

Gisselle Ubeda, an employee of the nearby Rainbow store, described the scene. “It looks terrible,” Ubeda said. “Part of the building has fallen.”

Witnesses said the front of the building started leaning forward amid the demolition, and tipped over.

If you have been injured due to the negligence at a construction site: debri/tools, pipes, etc falling from a height causing serious injury or an electrician, plumber or mason injured while on the job. Call our experienced Construction Injury attorneys today at 1.800.Now.Hurt (1.800.669.4878)

Home Fires Prompt Dehumidifier Recall

2011-09-20T11:56:00.002-04:00

Washington, DC: LG Electronics Tianjin Appliance is recalling 98,000 Goldstar or Comfort-Aire dehumidifiers because they pose a serious fire and burn hazard, and are believed to be responsible for more than one million dollars in property damage.

The problem appears to be that the power connector for the dehumidifier's compressor can short circuit, posing fire and burn hazards to consumers and their property.

The dehumidifiers were first recalled in December 2009 following 11 incidents, including four significant fires. Since that time, the company has received 16 additional incident reports of arcing, smoke and fire associated with the dehumidifiers, including nine significant fires. Fires are reported to have caused more than $1 million in property damage.

The recalled dehumidifiers were sold at The Home Depot, Walmart, Ace Hardware, Do It Best, Orgill Inc., and other retailers nationwide from January 2007 through June 2008 for between $140 and $150.

The recall involves the 30 pint portable dehumidifiers sold under the Goldstar and Comfort-Aire brands. The dehumidifiers are white with a red shut-off button, controls for fan speed and humidity control, and a front-loading water bucket. "Goldstar" or "Comfort-Aire" is printed on the front. Model and serial number ranges included in this recall are listed in the table below. The model and serial numbers are located on the interior of the dehumidifier, and can be seen when the water bucket is removed.

If you have been injured due to a defective product call Buttafuoco & Associates today at 1-800-Now-Hurt

Buttafuoco & Associates
Construction Injury Attorneys
Voted BEST LAWYER five years in a row!
Over $250 Million recovered for our clients.
www.1800NowHurt.com

Birth Injury Lawyer answers - What is the difference between a Birth Inj...

2011-09-15T12:01:00.001-04:00

"What is a Birth Injury? What is a Birth Defect? What are the different types of birth injury? What is: Cerebral Palsy, Temporary Paralysis, Brain Damage, Erb's Palsy, Fractured Collar Bone, Klumpke's Palsy and Brachial Plexus Palsy?"

Buttafuoco & Associates
Personal Injury, Medical Malpractice Lawyers
Voted BEST LAWYER five years in a row!
Over $250 Million recovered for our clients.
www.1800NowHurt.com

New Jersey Amusement Park Accident Sends Teen to Hospital

2011-09-06T14:48:00.000-04:00

Wildwood, नज By Charles Benson: Police have commenced their investigation into a recent amusement park accident in New Jersey in which a ride partially collapsed, sending a 13-year-old to the hospital.

According to the Press of Atlantic City, police said a portion of the Sea Dragon ride, which is located at Morey's Mariner's Landing Pier at the Wildwood Boardwalk, broke while the ride was moving.

The teenager, whose identity was not released by police officers, was reportedly taken to Cape Regional Medical Center in Cape May Court House to be treated. The news source reported that the extent of the injuries the teenager suffered was not known.

Police said that the mast in the center of the ride—which is a pirate ship that swings back and forth—snapped and collapsed on the night of August 19. The state's subcode official for amusement park rides is also reportedly investigating the incident.

The news source reports that the accident is just the latest to plague Morey's Mariner's Landing Pier this summer, as an 11-year-old girl died on June 3 during a school trip after she reportedly fell from the Giant Wheel Ferris wheel ride, which was approximately 100 feet in the air at the time.

The death of the girl, who was reportedly the only occupant of the Ferris wheel's gondolas, led to the state Department of Community Affairs to seek a policy of at least two riders per gondola, as well as a new height requirement for the ride. However, inspectors reportedly found that the ride was, in fact, safe at the time, the news source reported.

In addition to these horrific theme park accidents that have taken place in New Jersey over the past few months, an Idaho man was injured recently in an incident that took place at Silverwood Theme Park in Athol, Idaho.

According to local television station KTVB, a spokesperson for the amusement park said that the man was attempting to climb into the Corkscrew roller coaster when he apparently lost his footing and tumbled five feet onto the ride's tracks.

Officials said that while the ride was not in motion at the time of the accident, emergency crews were brought in to rescue the man, a process that took more than one hour since the victim was unconscious.

While the extent of the man's injuries were not immediately known, the man was reportedly taken to a local hospital.

The ride was shut down for several hours after the accident, but park officials said a malfunction of the Corkscrew was not to blame, according to the news source.

Buttafuoco & Associates
Personal Injury/Medical Malpractice Lawyers
Voted BEST LAWYER five years in a row.
www.1800NowHurt.com

Drug Recall, Lawsuit: Birth Control Pills Containing Drospirenone (DRSP): YAZ Yasmin Ocella...

2011-08-18T16:54:00.005-04:00

Our firm is now accepting cases involving YAZ, YASMIN, OCELLA (birth control pills). These drugs may be linked to Blood Clots, Pulmonary Embolism, Stroke, Heart Attack and even Death. If you or someone you know has been injured while taking one of these drugs call our offices today at 1-800-Now-Hurt.

What are YAZ, Yasmin, Ocella, Gianvi, Zarah, Loryna, Syeda, Beyaz, and Safyral?

YAZ, Yasmin, Ocella, Gianvi, Zarah, Loryna, Syeda, Beyaz, and Safyral are the only birth control pills, or oral contraceptives, to contain drospirenone (DRSP).

YAZ, Yasmin, Beyaz, and Safyral are manufactured by Bayer HealthCare Pharmaceuticals, Inc. Yasmin was originally made by Berlex Laboratories, which was acquired by Bayer in 2006.

Ocella is a generic version of Yasmin. Gianvi is a generic version of YAZ. The Ocella and Gianvi birth control pills are from Teva Pharmaceuticals and Barr Laboratories.

Zarah, another generic version of Yasmin, is made by Watson Pharmaceuticals.

Loryna, a generic version of YAZ, and Syeda, a generic version of Yasmin, are made and sold by Sandoz, Inc.

Each of these birth control pills contain ethinyl estradiol and the progestin drospirenone (DRSP). These DRSP oral contraceptives have also been associated with adverse side effects such as:

Daniel Buttafuoco
Senior Partner & Founder of Buttafuoco & Associates
Voted BEST LAWYER 5 years in a row!
Over $250 Million Recovered for our clients
www.1800NowHurt.com

Can I settle my case without hiring an attorney? - Top New York Attorney...

2011-08-18T13:59:00.004-04:00

Daniel Buttafuoco
Personal Injury, Medical Malpractice Attorneys
www.1800NowHurt.com

Lawyers and Settlements writes a featured article about Christian Lawyer Daniel Buttafuoco

2011-08-09T12:35:00.002-04:00

Christian Lawyer Daniel Buttafuoco on Giving Back vs Giving Haircuts...

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with New York attorney Daniel Buttafuoco…(click to view full article)

Amusement Park Accident: Doctor Can Sue for Injury

2011-06-28T11:27:00.000-04:00

San Jose, CA: For people who go on amusement park rides, worries about the risk of an amusement park accident are generally small. After all, fun-seekers would not go on rides if they thought there was a high risk of a horrific theme park accident or roller coaster accident. Even for rides that might carry risk of a small amusement park injury, such as bumper cars, concerns about those injuries are minor and usually not enough to prevent a person from enjoying the rides.

Just from watching people on the bumper cars, a person can get the sense that there is a real risk of whiplash and other neck injuries, due to the jostling and bouncing around the cars do. Still, most people are able to ride the bumper cars without serious incident. One doctor, however, was recently told she could sue the owners of a theme park if they were negligent in allowing head-on collisions on the bumper car ride.

According to the Mercury News (06/10/11), the plaintiff, a doctor, suffered a fractured wrist while on the bumper car ride. The wrist was reportedly fractured in a collision in which the plaintiff was hit first head-on and then immediately after, from behind. The doctor reportedly used her hand to brace herself, resulting in the fracture. The lawsuit was originally thrown out of court by a Superior Court judge who found the park did not owe a legal duty to guarantee against a fractured wrist. The court of appeal, however, found that a jury would have to determine if the theme park owner was negligent in not preventing head-on collisions on the bumper cars.

The court noted, "Although bumping is part of the experience of a bumper car ride, head-on bumping is not. In fact, it is a prohibited activity."

The ride on which the doctor was injured reportedly now has an island in the center, to ensure drivers move in the same direction and to minimize the risk of a head-on collision.

Meanwhile, an investigation by The Orange County Register revealed that there were 284 reports of incidents that required medical attention on rides in Orange County. Those injuries included torso and spinal injuries, cuts and bruises, and rib injuries and broken teeth. None of the injuries was fatal.

Buttafuoco & Associates

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New Research Suggests Topamax Birth Defects Risk

2011-06-21T12:24:00.000-04:00

St. Louis, MO:By Gordon Gibb When Nick Colgin sustained a brain injury while serving in Afghanistan, a standard MRI turned up no discernable injury to his brain. But his symptoms spoke otherwise. For a time, the 26-year-old was unable to write his name, and encountered problems with speech, balance, cognitive thinking and focusing his eyes.

Now, there is emerging evidence that traumatic brain injury stemming from blasts may not be detectable using standard MRI and CT testing.

The New York Times, on June 2, summarized a paper published the day prior in the New England Journal of Medicine revealing that some brain injuries may be too subtle for standard tests, but have since been unearthed using a more concise test via a standard MRI machine.

According to the paper, researchers at Washington University collaborated with their military counterparts at the Landstuhl Medical Center in Germany on diffusion tensor imaging—a process that monitors the flow and movement of water contained in the nerve fibers of the brain.

An abnormal flow may be a representation of brain injury, according to researchers.

Specifically, researchers performed diffusion tensor imaging on 63 military personnel who had sustained mild traumatic brain injury stemming from blasts. Of the 63, eighteen were found to have abnormalities consistent with nerve injury in two or more regions of the brain. While 25 of the subjects had none at all, a further 20 individuals presented with an abnormality in one area of their brain.

The key is that all but one of the 63 test subjects originally presented with a normal result using standard MRI.

It is hoped that the tests, performed in 2008 and 2009, will lead to further research that may result in better helmet design for military personnel at risk for such injury while in the field.

In an aside, it should be noted that according to military protocol, none of the 63 participants were notified as to the results of their tests. ''We were specifically directed by the Department of Defense not to do so,'' said Dr. David L. Brody, an author of the new study and an assistant professor of neurology at Washington University in St. Louis. ''Many of [the test subjects] were hoping we could give results to their care providers to document or validate their concerns. It was anguishing for us, because as a doctor I would like to be able to help them in any way I can. But it was not the protocol we agreed to.''

It is not known if any of the test subjects would be in a position to contact a brain injury lawyer, in an effort to obtain those results for future care. However, in a related story, it was revealed by the Canadian Broadcasting Corporation (CBC) on June 14 that the Canadian military sends soldiers having been diagnosed with post-traumatic stress disorder (PTSD) back into rotation for active duty.

Perhaps, a pending case for brain injury law…

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Why should I hire a Car Accident Lawyer?

2011-06-14T12:43:00.001-04:00

Many people choose to settle minor (no injuries) car incidents claims with their insurance company, but it is a wise idea to hire a lawyer if involved in a major accident such as a fatality or even death. Accident lawyers can help you figure what options are best for your particular case when it comes to settlements.

Car accident lawyers are able to evaluate car accidents from a legal point-of-view, which means they can help the victims that were involved receive the compensation that they are legally entitled to. Without the help of a car accident lawyer, you could end up paying out thousands of dollars for a claim that you could should receive money for.
There are several things that you should look for before hiring a car accident lawyer such as years of experience, professionalism, reputation and legal fees. Most of this information can be researched on websites such as Martindale.com or Lawyer.com. Also remember that legitimate attorneys are registered with the American Bar Association.
Hiring a car accident lawyer decreases your workload since they are the ones capable of negotiating with all parties involved in the accident, including the auto insurance company. The lawyers also deal with important documents like police reports, medical bills and other statements that are needed for the case or settlement.
There are many insurance companies that try to intimidate or take advantage of the victims that have been involved in a car accident, but a skilled lawyer is able to present the evidence and facts needed to prevent any false claims. It is also the lawyer’s duty to protect the client’s rights.

George Washington Bridge fatal car accident snarls morning commute

2011-06-14T11:42:00.002-04:00

A 32-year-old Manhattan woman was killed in a single-car wreck Tuesday morning after she lost control of her minivan on the George Washington Bridge, authorities said.

Patricia Salcedo's Toyota van flipped several times and landed on its roof on the New York side of the bridge's upper level about 4 a.m., authorities said.

She was pronounced dead on the scene. There were no other injuries reported, a Port Authority spokesman said.

The crash prompted the temporary shutdown of the upper level's outbound lanes, causing a nightmarish early morning commute for motorists heading to New Jersey.

The lanes were reopened about 7:30 a.m., authorities said.

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Wind gusts send 3 'bouncy houses' flying at Long Island spring fair; 13 injured, including kids

2011-06-09T10:59:00.003-04:00

By FRANK ELTMAN and JOHN SEEWER

OCEANSIDE (WABC) -- Bodies began tumbling when a two-story red, white and blue inflatable slide went soaring into the air at a youth soccer tournament Saturday. Two other inflatables also flew off the ground that breezy afternoon, causing youngsters to suffer bumps and bruises but critically injuring a mother who had an inflatable crash-land on her.

Fathers, coaches and bystanders sprinted toward the airborne amusement rides, some grabbing knives to furiously stab the rubber-filled edifices before anyone else was injured. "I never thought there would be any serious issues, any concerns with safety," one father, Mike Perniches, later told The Associated Press. "But now, I'm like, forget it."

Thirteen ended up at the hospital that day। And people in Oceanside, on Long Island, learned a lesson that is becoming all too familiar: Inflatable amusement rides - with their hit-and-miss regulation and a lack of industry-wide standards - can endanger lives when not properly installed or operated.

At least 10 inflatables around the country have been toppled by winds or collapsed under too much weight in the last two months, injuring more than 40 people, according to www.rideaccidents.com, a website that tracks amusement ride accidents.

In a little more than a week beginning in late April, two slides collapsed at separate events in California, injuring nine children, according to media reports.

In Arizona, two accidents in the Tucson area injured four children, including sisters who were inside a bounce house in February when wind bursts tossed it onto a roof. In April, a boy and girl were in a bounce house that was blown across three lanes of traffic.

"I wish this was a rarity, but it's not. It happens all the time," said Jim Barber, a spokesman for the National Association of Amusement Ride Safety Officials, based in Brandon, Fla. "These are probably the most dangerous amusement devices they have."

It's not the rides that are the problem, he said, it's the way they are set up and supervised.

Too many companies that rent inflatables will drop them off at a party with little instruction, said Barber. "If they're going to rent these things, they should be rented with an operator," he said.

"A lot of times they never get anchored down, they put too many kids in, they put two- and three-year-old kids in with a 16-year-old," said Barber, who oversaw New York State's ride inspectors before retiring.

"They don't fly away if they're properly installed," he said.

Police on Long Island did not immediately have the name of the vendor who provided the rides at the Oceanside United Soccer Club festival on Saturday. Nassau County District Attorney Kathleen Rice said her office would investigate the circumstances surrounding the accident.

A woman identified as Cathleen Hughes, 36, of Oceanside, suffered head and spinal injuries when the flying slide landed on top of her, according to Newsday. An update on her condition was not immediately available from South Nassau Communities Hospital in Oceanside, where she was being treated.

"She was walking on the track and it hit her," Perniches said. "She was lying still on the ground, there was blood coming out of her mouth."

Most injuries from inflatables involve bumps and bruises but, as in Oceanside, there are more severe hazards. Most accidents are caused by improper anchoring, high winds and lack of supervision, according to a risk management advisory which New Hartford, N.Y.-based Utica National Insurance issued to groups which use inflatables.

A Pennsylvania man died June 2010 just days after an inflatable slide collapsed and pinned him at a Cleveland Indians game.

A 5-year-old boy was killed in March 2010 when he fell off an inflatable and landed on a concrete floor at an indoor entertainment center in Wichita, Kan.

In January 2010, winds blew a bounce house at Florida birthday party into a pond with a 5-year-old girl inside. Neighbors pulled the child out of the water.

Regulating amusement rides is left up to each state. While most have laws and inspectors overseeing mechanical rides at amusement parks and fairs, only a handful give inflatables the same scrutiny.

Barber, the spokesman for the National Association of Amusement Ride Safety Officials, said states don't have enough inspectors or money to keep up with the thousands of bounce houses and inflatable slides in operation. Still, he thinks it would be a good idea for all states to regulate them.

The Archdiocese of Cincinnati banned inflatable rides at southwest Ohio church festivals in 2009 after a boy was injured when a gust of wind flipped over a slide at a softball tournament sponsored by another group. The wind tossed the slide about 70 yards, carrying the 11-year-old boy with it. He came away with just bruises.

A Consumer Product Safety Commission report released in 2005 linked the growing popularity of inflatables with an increasing number of injuries treated at hospital emergency rooms from 1997 to 2004.

The agency found there were an estimated 1,300 injuries in 1997 and 4,900 injuries in 2004.

The Consumer Product Safety Commission warns that operators should anchor inflatables to the manufacturer's requirements and that bigger rides such as slides should have a least two people operating them. It also says weight limits should be watched closely.

The escalating problems and lack of industry-wide standards led a group of inflatable operators to form a trade association in 2003 to promote safety and develop guidelines and training programs. The Responsible Operators of Amusement Rentals has about 50 members, most on the East Coast. That's a fraction of the companies operating today.

Michael Mazzocco, who was coaching his 6-year-old daughter's soccer game when the inflatables went airborne Saturday on Long Island, said it was difficult at first to believe what he was seeing.

"We were all sprinting toward it, trying to grab the bug one and get the air out of it," he recalled. "There was kind of pandemonium at first with kids not knowing where their parents were and parents on the other side trying to find their children. There were a few tense moments."

He said his wife, who was shooting video of the soccer match, immediately turned the camera on the flying projectiles.

"We're just hoping that this is a lesson for others to make sure these things are anchored properly," he said. "I don't know if that was the case here, but it is always windy down there. It we can get someone to make sure this doesn't happen again, I will be happy."

---
Seewer reported from Toledo, Ohio। Associated Press researcher Rhonda Shafner in New York also contributed to this report.

Daniel Buttafuoco
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Nursing Home Abuse Criminal

2011-05-24T14:04:00.000-04:00

By Jane Mundy Washington, DC: More than 90 percent of US nursing homes have at least one employee who has been convicted of a crime, and five percent of all nursing home employees have at least one criminal conviction, according to the Department of Health and Human Services. According to this new report (March 2011), it comes as no surprise that nursing home abuse is rampant: Some nursing home employees had been convicted of assault.

According to The New York Times, names of more than 35,000 nursing home employees were checked against FBI records, and this study found that almost 50 percent of nursing homes had five or more employees with at least one conviction. "For example, a nursing facility with a total of 164 employees had 34 with at least one conviction," said Daniel R. Levinson, inspector general of the Department of Health and Human Services. Levinson also noted that there are no federal laws or regulations in place requiring nursing homes to check whether applicants have federal or state criminal records.

Currently, only 10 states require a check of FBI and state records; 33 states require a check of state records, and the rest don't have any specific requirements.

Health professionals and politicians are calling this new study important. For instance, Charlene Harrington, a professor at the School of Nursing of the University of California, San Francisco, said this new study "cries out for additional regulation. Residents in these homes are so vulnerable." Senator Herb Kohl said: ''The current system of background checks is haphazard, inconsistent and full of gaping holes in many states. Predators can easily evade detection during the hiring process, securing jobs that allow them to assault, abuse and steal from defenseless elders.'' But this study isn't a revelation, at least not in Michigan.

In April 2006, Michigan Attorney General Mike Cox announced a new law that was supposed to enhance existing laws regarding criminal background checks for residential care facility employees. Cox's 2006 Nursing Home Initiative:

• Expanded the number of crimes that can disqualify a nursing home applicant from employment, adding drug and theft offenses
• Expanded the disqualification period for serious felonies
• Made it a crime not to conduct a criminal background check
• Mandated fingerprint checks for employees

The Nursing Home Initiative found that since 2002, about 25 percent of residential care facility employees committing crimes against residents had past criminal convictions.

The penalty for nursing home abuse varies state to state, and it's not uncommon for people who have been convicted of crimes in one state to find employment at nursing homes in other states. According to Levinson, ''Some states allow individual nursing facilities to make decisions regarding the employability of individuals with criminal convictions, while others rely on a state agency.''

Under federal law, it is illegal for nursing homes to employ anyone found guilty of abusing, neglecting or mistreating patients. But FBI records do not always indicate if the victim was a nursing home resident. And probably the biggest challenge for nursing homes is finding and keeping employees, given the average starting wage of $10 an hour.

Currently if convicted, accused employees face penalties and not the nursing homes themselves. (The penalty for felony uttering and publishing a false Michigan State Police Criminal Record Response is 14 years. The penalty for falsifying an employment application is 90 days and/or $500.)

Shouldn't nursing homes also be held accountable? And shouldn't all states have the same laws governing nursing home abuse?

The new health care law offers $160 million to states to improve criminal background checks on prospective employees at nursing homes and other long-term care providers. But will that law simply make it harder to find employees? It would seem that more questions are still being raised than answers…

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On ‘Dooring’ of Bicyclists, and Experts’ Fees

2011-05-17T13:16:00.002-04:00

AL BAKER - Cyclists sometimes call it “the door prize,” or simply being “doored.”

And in a city where the tension between two- and four-wheeled transportation devices can sometimes seem as shrill as the sound of squeaky brakes, accounts of collisions between bicyclists and drivers are passed around on blogs, in newspapers and among members of various cycling clubs and organizations.

One compilation of episodes in which drivers opened the doors of their parked vehicles into the path of oncoming cyclists can be found on BicycleSafe.com and includes details of cases from places as diverse as India, Canada, Chicago, New Orleans and San Francisco.

Among the harrowing accounts is one about Dana Laird, 36, a “doctoral student at the Fletcher School of International Law and Diplomacy at Tufts University in Medford, Massachusetts,” who was killed in 2002 as she rode along Massachusetts Avenue in Cambridge, Mass.

It said: “A motorist opened the door of a parked sport utility vehicle across the bike lane in which Ms. Laird was traveling. Ms. Laird swerved and lost control. According to eyewitness accounts, she yelled, `flew through the air,’ and apparently struck the door. She went under the right rear wheels of a passing transit bus, and she was killed instantly.”

Such collisions are not foreign in New York City — and they can lead to occasional charges being lodged by the police or prosecutors, depending on the circumstances.

In a crash on Atlantic and Washington Avenues in Brooklyn on Sept. 11, a driver opened her car door into the path of Jasmine Herron, who was bicycling by, sending her into an oncoming bus that struck and killed her, officials said. Among the charges filed against the driver, Krystal Francis, was “opening and closing vehicle doors,” a violation of Section 1214 of the State Vehicle and Traffic Law, according to a criminal complaint from the Brooklyn district attorney’s office.

The charge popped up again, this time phrased as “unsafely exiting a vehicle,” in a crash in East Harlem on Friday. In that case, the driver of a 2008 Honda was issued with a summons for “unsafely exiting a vehicle” for opening his car door and causing a bicyclist to fall into the path of an oncoming truck, which killed him, the police said.

The Honda driver, who was not identified by name, was in his parked car and opened his door as the rider, Marcus Ewing, 27, was pedaling his Cannondale bicycle eastbound on East 120th Street, just west of Third Avenue, about 8 a.m., the police said.

The driver of the truck that hit Mr. Ewing was issued five summonses, for equipment violations.

As for the driver whose door knocked over Mr. Ewing, the charge he faces — unsafely exiting a vehicle — “is a V.T.L. traffic summons” (Vehicle and Traffic Law) and not one found in the New York State penal code, according to one city official.

Another official said such citations were aimed at preventing drivers from opening their car doors into traffic in ways that would create “dangerous conditions for bicyclists or motorists” coming by at the same time.

“You cannot just swing your car door open,” the official said.

“It is not that often that officers issue those kinds of tickets,” the official said. And sometimes, it requires a patrol officer to witness the offending behavior for it to rise to a summons, or an inquiry by the Accident Investigation Squad when a death is involved. Then, that sole charge can carry similar penalties to other traffic violations, like going through a red light, the official said.

Whether termed “unsafely exiting a vehicle” or something else, Nick Cantiello, a spokesman for the State Department of Motor Vehicles, sent along a copy of Section 1214 of the State Vehicle and Traffic Law. It said:

Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Mr. Cantiello said the fine for the violation could be as much as $150. Asked about the number of “doorings” — in which people open a door into a bike or a car — he said that as of Oct. 22, there had been 147 tickets issued for that offense around the state.

In all of 2009, he said, there were 179; in all of 2008 there were 207; and in 2007 there were 164.

“So it’s not a lot,” he said. “You can see there’s not a real trend there.”

A spokesman for the New York Police Department said the department did not keep statistics on such incidents around the five boroughs.

Noah S. Budnick, the deputy director of Transportation Alternatives, a nonprofit pedestrian and bicycle transportation group financed by members, said the issue of cyclists being hit by doors had long been a concern.

“It’s always been a top complaint and, anecdotally, a major contributing factor to crashes in New York City,” he said. “If you talk to anyone who’s ridden a bike in New York, everyone has a story about, at best, narrowly avoiding a car door that’s been swung open in their path and bike riders quickly learn that one of the safest ways to ride is to take the whole lane, so they are not biking in the door zone.”

Of Fees for Experts

There it was in black and white on Page 103 of a new study critiquing the Police Department’s controversial stop-question-and-frisk policy: the hourly rate a Columbia Law Professor received for his work.

“I have been compensated for this work at the rate of $350 per hour,” the professor, Jeffrey A. Fagan, wrote. There was no total, but one can imagine it was high, as he spent 15 months over three years on the project.

He even scribbled in the date, as another contemporaneous bit of evidence: Oct. 15, 2010.

The study — for the Center for Constitutional Rights — found that in more than 30 percent of the street stops, officers either lacked the kind of suspicion necessary to make a stop constitutional or did not include enough data on the stop to determine whether it was legally justified.

Eleven days later, when Police Commissioner Raymond W. Kelly was asked for his response, he took the occasion to point out that Professor Fagan was paid well. (Still, he overinflated the price a bit, asserting that the professor was paid $375 an hour.)

“This is a document prepared for plaintiffs who paid that sort of money to have this document prepared,” Mr. Kelly said. “When you pay that sort of money, you’re going to get a view point that pretty much goes along with your view point.”

Mr. Kelly called Professor Fagan’s 217-page study (pdf) “an advocacy paper.”

“I wouldn’t take the position that this is an objective document,” he said.

But wait. Mr. Kelly acknowledged that the city was paying its own expert, Dennis C. Smith, a professor at the Robert F. Wagner School of Public Service of New York University, to write its own study. He said Professor Fagan “had three years to develop” his study, while the city had “30 days to respond.” His point: It will cost less money.

Questions about Professor Smith’s fee hung in the air: At what hourly rate was he being paid? Over what time? And by whom?

Paul J. Browne, the Police Department’s chief spokesman, responded in an e-mail: “unknown at this hour — but not $375 an hour for three years.” In another e-mail, on Wednesday, he said Professor Smith was not paid by the Police Department and referred questions to the city’s Law Department, which did not immediately respond to questions.

Professor Fagan, in this current effort, has been paid for about 15 months’ worth of work, according to people familiar with the arrangement. But he has done research, and published on the subject, for more than a decade. Before beginning on his work on the current study, he worked for the City Council under a contract to Columbia University, with the payments going to the school. It was the same arrangement when he worked for the state attorney general’s office under a contract to Columbia as part of that office’s 1999 study of the issue.

Some critics and law enforcement analysts raised the same sort of questions when the Police Department — through the Police Foundation — commissioned the nonprofit Rand Corporation in early 2007 for an independent study of the stop-and-frisk issue.

The department was under fire because the increasing number of street stops were leading some critics to suggest that minorities were unfairly singled out, a charge that the police have repeatedly denied. The Rand study (pdf), in November 2007, found no racial profiling being done by police officers in New York.

At the time, the study was said to cost in the six figures — and at least $120,000 — a bill footed by the foundation, a charity that supports the department. The police on Wednesday reiterated that figure.

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Turkey Burger Products Recalled Due to Possible Salmonella Contamination

2011-05-10T15:11:00.002-04:00

Lucy Campbell Washington, DC: Jennie-O Turkey Store is recalling approximately 54,960 pounds of frozen, raw turkey burger products that may be contaminated with Salmonella, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. As FSIS continues its investigation of illnesses related to this recall, additional raw turkey products may be recalled. As a result, FSIS is alerting consumers to take extra care when preparing all raw turkey products.

The products subject to recall include 4-pound boxes of Jennie-O Turkey Store® "All Natural Turkey Burgers with seasonings Lean White Meat". Each box contains 12 1/3-pound individually wrapped burgers.A use by date of "DEC 23 2011" and an identifying lot code of "32710" through "32780" are inkjetted on the side panel of each box, just above the opening tear strip. Establishment number "P-7760" is located within the USDA mark of inspection on the front of each box. The products were packaged on Nov. 23, 2010 and were distributed to retail establishments nationwide. For detailed information on this recall visit http://www.fsis.usda.gov/News_&_Events/Recall_028_2011_Release/index.asp

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Reports of Injury Prompt Recall of Disney Princess Plastic Trikes

2011-05-03T11:51:00.003-04:00

Lucy Campbell Washington, DC: Kiddieland Toys Limited is recalling about 9,000 Disney Princess Plastic Racing Trikes in the US and a further 700 in Canada because the plastic castle display and the princess figures protruding from the top of the handle bar pose a laceration hazard if a child falls on it.

CPSC and Kiddieland have received three reports children suffering facial lacerations.

This recall involves the Disney Princess Plastic Racing Trikes that are pink and fuchsia with a purple seat and wheels. On top of the handlebar, there is a rotating castle display surrounded by three princess figures. "Disney Princess" is printed on the label in front of the trike just below the handlebar.

The Disney Princess Plastic Racing Trikes were sold at Target, JCPenney, Meijer and H।E.B. stores nationwide and on the Web at www.target.com from January 2009 through April 2011 for about $50.

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Amusement Parks

2011-04-19T14:06:00.002-04:00

Although amusement parks can be fun places to visit or work, amusement park accidents can be serious events, resulting in permanent injury and even death to victims. Wrongful death lawsuits have been filed against some amusement parks, alleging amusement park accidents resulted in amusement park deaths. Other serious amusement park injuries include whiplash, neck and back injuries, heart attacks, broken bones and internal injuries. Visitors to parks, park employees or contracted workers can all be involved in amusement park accidents and may all be eligible to file a claim in the event of an amusement park injury।
The people who own and operate amusement parks have a legal responsibility to ensure the people who visit their parks are not involved in amusement park accidents. That includes ensuring the property and the attractions on the property are properly maintained and kept in a reasonably safe condition. If an amusement park injury occurs and that injury could have been prevented if the amusement park took reasonable steps, the injured person may be able to sue for compensation for any amusement park injuries.

Drug Recall - Avandia

2011-04-14T17:52:00.006-04:00

Avandia, the type-2 diabetes medication, has had its use severely restricted in the United States, and the drug has been withdrawn from the market in Europe due to concerns over severe side effects. The U.S. Food and Drug Administration (FDA) concluded there is significant evidence that Avandia, also known as rosiglitazone, increases the risk of heart attack, stroke, and congestive heart failure in those taking it.

Preventable Medical Errors - sixth biggest killer in America

2011-04-07T17:28:00.001-04:00

Preventable medical errors kill and seriously injure hundreds of thousands of Americans every year. Errors include physician diagnostic mistakes, incomplete or deficient patient records, medication-prescription slip-ups, staff fatigue and overwork, procedural safety-check lapses and others.

Experts believe that if doctors, nurses, dentists, technicians, and other staff were simply more careful, they would make fewer errors.

The institute for Heathcare Improvement approximates that 15 million incidents of medical harm occur each year. HeathGrades, a leading health-care-rating organization, found that Medicare patients who experienced patient-safety incidents had a one-in-five chance of dying as a result.

Even though one-third of Americans say that they or one of their family members has experienced a medical error, and one in five say that a medical error has caused either themselves or a family member serious health problems or death, surveys show that Americans vastly underestimate the extent of medical errors.

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Food Safety - What to do it you ate unsafe food

2011-03-31T13:15:00.003-04:00

America’s consumer need better food-safety protection.

Over the past 20 years, Americans have experienced more than 1,500 major foodborne-illness breakouts, costing the nation about $150 Billion annually. Recent large-scale incidents involved E. coli-contaminated leafy green vegetables and salmonella-tainted ground beef. The U.S. Food and Drug Administration issues consumer advisories and recalls on various foods as needed, such as cheeses, dried fruits, nuts, peanut butter and soups.

The Centers for Disease Control and Prevention (CDC) estimates that, ever year, 76 million Americans are sickened, 300,000 Americans are hospitalized, and 5,000 die from preventable foodborne illnesses. Some experts note that the CDC’s estimates are based only on reported cases, but many more cases are believed to remain unreported.

Supermarkets and businesses that sell foods are legally obligated to comply with safety regulations. If foods customers purchase and eat are contaminated with noxious bacteria or contain foreign objects, marketers are liable for damages.

Anyone who believes they have been made ill by unsafe foods should:

Seek immediate medical attention
Retain original containers or packaging
Refrigerate uneated food
Save foreign objects
Write a brief summary and photograph evidence, if possible
Contact an experience attorney for counsel

Experienced Product Liability Attorneys

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Problems with the Zimmer NexGen CR-Flex KNEE REPLACEMENT

2011-03-29T13:39:00.002-04:00

Since the Zimmer NexGen knee replacement system has been on the market, almost half a million people in the US alone have had Zimmer knee implants. However, the Zimmer knee replacement, namely the NexGen CR-Flex Porous Femoral component, has recently been linked to a variety of problems, from loosening of the implant to failure of the replacement knee, requiring revision surgery. As a result, some medical professionals have called for a Zimmer NexGen CR-Flex recall of this component, though that has not yet happened. Zimmer NexGen lawsuits are now being reviewed by Zimmer knee attorneys for people who have experienced problems with the Zimmer NexGen CR-Flex Porous Femoral component. Some patients have also experienced problems with the Zimmer Durom Cup hip replacement.

If you are experiencing pain from your Zimmer NexGen knee replacement, ask your doctor for a bone scan. To preserve your potential Zimmer claim, attorneys recommend this diagnostic test (rather than a general x-ray) to confirm that your replacement knee is loose. A bone scan will be able to identify 'remodelling'—when the device is loose, surrounding bone tries to form new bone.

A bone scan involves injecting a harmless amount of radioactive material (radiotracer) into a vein, which travels through the bloodstream to the bones and organs. As the substance wears away, it gives off radiation. Then this radiation is detected by a camera that takes an image of the bone surrounding the artificial knee. Usually the scan will take about one hour.

December 2010: While there has not been a recall of the Zimmer NexGen CR-Flex system or components, on December 2, 2010, the certain lots of the Zimmer NexGen LPS Flex Gender were recalled. The recall included the following Zimmer NexGen Complete Knee Solution LPS Components:

Zimmer NexGen LPS Femoral Component, Size E Right, sterile, REF 00-5996-015-02

Zimmer NexGen LPS Femoral Component, Size F Right, sterile, REF 00-5996-016-02

Zimmer NexGen LPS Femoral Component, Size F Left, sterile, REF 00-5996-016-01

Zimmer NexGen LPS Femoral Component, Size G Right, sterile, REF 00-5996-017-02

Zimmer NexGen LPS Femoral Component, Size G Left, sterile, REF 00-5996-017-01

Zimmer NexGen LPS Flex Gender Femoral Component, Size E Right, sterile, REF 00-5764-015-52

Zimmer NexGen LPS Flex Gender Femoral Component, Size E Left, sterile, REF 00-5764-015-51

Zimmer NexGen LPS Flex Gender Femoral Component, Size F Right, sterile, REF 00-5764-016-52

Zimmer NexGen LPS Flex Gender Femoral Component, Size G Left, sterile, REF 00-5764-017-51

If you or a loved one has suffered damages in this case, contact our experienced attorneys who can evaluate your claim at no cost or obligation.

www.1800NowHurt.com

What would baby cribs be like without trial lawyers?

2011-03-22T17:30:00.001-04:00

What would baby cribs be like without trial lawyers? Trial lawyers have made baby cribs safer by holding manufacturers accountable for design problems that once injured infants.

1) Flame-retardant fabrics make youngsters' sleepware, linens, and mattresses much safer

2) Low crib corner posts will not catch baby's clothing

3) Vertical side and end slats must now be wider than 2 3/8 inches so infants cannot fall through

4) Smaller head and footboard cutouts won't snag babies' heads or limbs.

5) Mattresses must fit as well and not be too soft, reducing the likelihood of suffocation

If you have suffered the negligence of another call Buttafuoco & Associates today. 1-800-Now-Hurt

Auto Accidents - NEVER DECLINE MEDICAL ATTENTION

2011-03-17T12:29:00.004-04:00

"When I was in a crash, I didn't think I was injured. The next week, however, my neck really started to hurt!"

Sound familiar? Ever heard someone say this?

Even though you can walk away from a fender bender, NEVER decline medical attention at the accident scene.

Here's Why:

When a driver's or passenger's body suffers the shock of impact during an auto-accident collision, injury symptoms may not show up for days. In fact, many victims do not start feeling head, neck and back soreness, stiffness, and pain for two to six months. Some accident experts testify that symptoms may actually worsen after more than a year following a serious collision.

Never say "I'm OK" after an accident. Never admit fault. And never refuse medical attention.

If you've been in an accident and have questions about a personal injury claim call 1-800-Now-Hurt today and ask to speak with one of our experienced attorneys. Buttafuoco & Associates has been voted Best Law Firm for five years in a row.

www.1800NowHurt.com

Darvon and Darvocet Recall: 31 year old NY woman suffers near fatal arrhythmia of the heart.

2011-03-15T14:12:00.004-04:00

Last November, the U.S. Food and Drug Administration (FDA) requested that all products containing the painkiller propoxyphene be withdrawn from the market. The move came after the agency reviewed a new study that linked the drug to potentially fatal heart complications and was accompanied by speculation that many lawsuits against propoxyphene manufacturers would follow. Although only a handful of lawsuits have been filed to date—all of them against Darvon and Darvocet manufacturer Xanodyne Pharmaceuticals—hundreds, even thousands are still expected as attorneys evaluate cases and file claims on behalf of propoxyphene users who suffered an arrhythmia, heart attack, or other coronary side effects. And while such individuals are entitled to compensation from drug manufacturers, the families of those who died as a result of taking the drug might also be able to recover money through a Darvon/Darvocet recall lawsuit.

Under product liability laws, the entity or entities that make a product available to the public—including designers, manufacturers, and retailers—are held liable for any harms those products cause. These laws support the Darvocet recall lawsuits that have been filed against Xanodyne.

If you or someone you know have suffered the negligence of another call Buttafuoco & Associates today.
www.1800NowHurt.com

FDA Investigates DePuy Hip Replacement Devices

2011-03-01T14:25:00.003-05:00

March 1, 2011. By Heidi Turner
Washington, DC: Following the DePuy hip replacement recall, the US Food and Drug Administration (FDA) announced it is investigating concerns about metal-on-metal hip implants. The DePuy hip recall was announced after studies showed a higher than expected failure rate. Part of the problem with the DePuy hip replacement was that debris from the metal-on-metal DePuy hip was released into patients' bloodstreams, potentially causing metallosis and failure of the hip.

According to the FDA, the agency is "actively working in several areas to further assess the safety and effectiveness" of the metal-on-metal devices. Traditionally, hip replacement devices include a ceramic or polyethylene component. Some recent hip replacements, however, replaced the ceramic with metal, saying that the metal is more durable and ideal for younger patients who are more active. Furthermore, the metal-on-metal devices are believed to have a decreased chance of dislocation and a decreased chance of device fracture.

The problem with metal-on-metal devices is that debris can come loose and be absorbed into the patient's bloodstream, resulting in high metal-ion levels. Complicating matters is that reactions to the metal ions vary for each patient.

"Different people will react to these metal particles in different ways," the FDA notes. "At this time, it is not possible to know who will experience a reaction, what type of reaction they might have, when the reaction will occur or how severe the reaction will be. However, it is known that over time, the metal particles around some implants can cause damage to bone and/or tissue surrounding the implant and joint."

Patients who experience damage to the tissue and/or bone may suffer pain and may experience loosening of the device. In such situations, the patient may require revision surgery to remove and replace the device.

The FDA further notes that some patients who had high levels of metal ions in their bloodstream experienced symptoms or illness in other parts of their body, including their heart and nervous system.

Signs that a hip replacement device is failing include pain in the groin, hip or leg; swelling at or near the hip joint; and a change in walking ability. Other symptoms of problems related to metal ions in the blood stream include a change in general health, chest pain, shortness of breath, numbness, weakness and change in urination habits.

The FDA recommends that surgeons not use all-metal implants in patients who have metal sensitivity or a suppressed immune system. Meanwhile, the agency has requested that manufacturers send analyses of hip replacement parts that are retrieved from patients. The FDA also published a series of Web pages regarding metal-on-metal hip implants.

If you or a loved one have suffered losses in this case contact the experienced Attorneys at Buttafuoco & Associates who can evaluate your DePuy Hip Replacement claim for free and help determine your next best course of action.

What Are the Dangers of Dental Malpractice?

2010-10-14T11:55:00.002-04:00

Dentists, like other kinds of health practitioners, are accountable for upholding the highest standards in the treatment they give to their clientele. Because dentists are also health specialists, when they err or infringe on their duty, they too can be held accountable to have committed medical malpractice.

While not quite on the same degree as cutting off the wrong limb or leaving surgical instruments behind in the body cavity, Dental Malpractice Lawyers can still hold some severe consequences in the situations that it occurs. A dentist is the first one who will notice the signs of cancer in your mouth. Usually before someone notices anything is not right or feels anything, there will be symptoms evident in the mouth that don’t look right.

Because dentists have such an up close and personal relationship with all of the parts of the mouth, they should see things like tumours or pre-tumors in the mouth. As a result, a dentist may give a patient with very early signals or early caution or early signs of cancer. This can make a massive difference in the treatment necessary and how much tumour has to be eliminated from the mouth. It also reduces the probability that the cancer will continue to other parts of the body.

Oral surgeons, who are also dentists, are also capable of being liable for Dental Malpractice Lawyers. Because they carry out surgeries, oral surgeons are more in danger of having to face a malpractice charge.It is hard for an oral surgeon to leave an instrument in the mouth but extracting the wrong tooth or performing any number of potential blunders can be similarly as damaging. An oral surgeon, as an example, may incorrectly position the placement for a dental implant.

When anaesthetics are used, there are a number of other potential errors that can result. Some topical anaesthetics may cause an allergic reaction that is on the patient’s information. Leaving out that small detail has the potential to be extremely dangerous to the patient.

In addition to failing to see the early stages of oral cancer, a dentist may miss the first signs of vascular problems. As the teeth are such a great gauge of troubles with circulation, not noticing problems with circulation is a problem.

While not noticing these signs is not as detrimental as missing the signs of cancer, it can still be very dangerous for the patient. As small as the space in the mouth is, there is still a lot of room for dentists to make mistakes.

If you have suffered the negligence of another call Buttafuoco & Associates at 1-800-Now-Hurt. www.1800NowHurt.com

Parents beware! Maclaren Stroller Recall - Safety Hazard! Slam dunk products liability

2009-11-12T13:57:00.004-05:00

See the below ad on the msnbc website from Monday Nov. 9th. Please call our office as soon as possible with any Maclaren stroller injuries!

Stroller company announces major safety recall

Maclaren umbrella strollers pose risk of injuries to children's fingers

updated 5:02 p.m. ET, Mon., Nov . 9, 2009

Maclaren is recalling at least 1 million umbrella strollers because of a potential hazard to children's fingers. A side hinge mechanism poses the risk of cutting or amputating a child's fingers when the stroller is being opened or closed, the British company said Monday.

The voluntary recall applies to all Maclaren strollers sold in the U.S. since they were introduced in 1999.

The U.S. Consumer Product Safety Commission and Maclaren have received reports of 15 incidents in which children were hurt over the past ten years.

The affected models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin Techno and Easy Traveller, according to the stroller company. The strollers, which are manufactured in China, are sold nationwide.

Maclaren, in cooperation with the CPSC, is providing consumers and retailers free repair kits which will cover a joint on the faulty hinge mechanism.

Consumers should stop using the strollers immediately...

IF A CHILD YOU KNOW HAS BEEN INJURED BY A MACLAREN STROLLER, PLEASE DO NOT HESITATE. CALL OUR OFFICE TODAY. WE ARE ALREADY HANDLING THESE CASES AND ARE FAMILIAR WITH THEM. 1-800-NOW-HURT

Construction Accidents, Unions, and Their Lawyers

2008-10-29T12:45:00.001-04:00

Injured construction workers, unfortunately often use a lawyer recommended by their union bosses. This is not a good idea.

Many accidents happen on construction sites because a construction site is a dangerous place. Just because accidents are common, however, does not mean that an injured construction worker is left without a legal remedy.

There is a set of law in New York that specifically covers construction workers who are injured on the job. That law is called the “Labor Law.” A better name for this would probably be “Construction Accident Law,” but the “Labor Law” is the name by which we refer to all of the laws pertaining to accidents to the construction workers o construction sites. It covers ALL such workers in what are knows as “the trades.” Plumbers, operating engineers, electricians, steam fitters, carpenters, laborers, masons, sheer rockers, painters, window washers, tapers (you name it!), are covered by this law.

These laws provide a legal remedy (in addition to Worker’s Compensation) for any worker injured on a construction site whenever a “violation” occurs. Violations of this law are so common, there is almost always a case whenever a construction worker is injured on an accident site.

Very often, an injured construction worker is steered by his union representative (usually the “shop steward”) to a lawyer who will handle the case. Be very careful of this arrangement! Such lawyers are often referred with “kick back” arrangements that are not in the best interest of the client. Why would anyone want a lawyer that is in cahoots with the union? After all, the workers must sue the General Contractor, the owner of the building, and often the sub-contractors. Will a union lawyer have a conflict of interest? Will he work for the injured victim? Why take the chance?

Typically, the sections of the Labor Law that apply to Construction accidents are Section 240, Section 241(6), and Section 200. Each of these sections permits an injured construction worker of any trade to recover an award against the owner and/or General Contractor.

Section 240 is the law that applies whenever a worker falls from an elevation or any significant height and is injured in that fall. These are the easiest and best cases to win since the owner and General Contractor are both strictly liable when this occurs. This section covers falls from ladders, fall from scaffolds, falls from trenches and other types of “distance” falls.

Section 241(6) covers violations of the New York State Industrial Code. Cases where workers trip and fall on obstructions (or debris), insufficient lighting, unlicensed equipment operators, falling objects, and other types of cases allow a recovery of money against the owner and General Contractor.

Note: The owner and General Contractor are always the target of such claims since they are responsible for overall safety at the construction site.

Finally, Section 200 covers all other types of claims for injuries where general negligence has occurred. This is a “catch all” provision. All of these laws are designed to help construction workers gain a large recovery for their serious injuries. Many times, injured construction workers cannot return to work.

It is important to remember that ALL OF THESE LABOR LAW CASES ARE IN ADDITION TO WORKER’S COMPENSATION CASES!

NEVER use a lawyer referred to you by your union. Understand that such lawyers typically are connected financially to these people who refer them. Always use a Board certified civil trial lawyer if you have a serious case. Check out our website to see a small sample of some of the multi-million dollar cases that our firm, Buttafuoco & Associates, has recovered for our clients. Call 1-800-NOW-HURT for a free consultation and to speak to one of our lawyers today!

Exposing the Dangers of Hospital Runners

2008-09-11T14:25:00.001-04:00

There is a pervasive problem that occurs with alarming frequency in the hospitals of this great nation. No, I am not talking about medical malpractice, even though that does occur at an alarming rate, according to a recent Harvard University study. I am talking about the problem of "hospital runners." These despicable individuals are paid cash bribes to perform the illegal solicitation of personal injury victims sitting in their hospital rooms. Accident victims have often become targets of fraud and poor legal advice. Disreputable, non qualified "ambulance chasers" (sleazy attorneys) are paying these "runners" cash to invade hospital rooms uninvited to try to obtain a signature on a lawyers' retainer for legal services in starting a lawsuit for the victim's personal injuries. The seriously injured are targeted as "sitting ducks" since they are immobilized and often sedated by medication in a hospital room. The fees and expenses are sometimes outrageous and the inflated promises made are never kept. NEVER HIRE AN ATTORNEY WHO APPROACHES YOU WITHOUT BEING INVITED THROUGH THE SOLICITATION OF A "RUNNER!" A "runner" is any non lawyer personnel or his agent (paid in cash illegally) for the sole and express purpose of direct solicitation of injury victims in hospitals. Often they go by the thinly disguised term of "investigator." Sometimes, unfortunately, they are the hospital employees themselves! This is an illegal and unethical practice. It is prohibited by law because it is damaging to clients' rights as clients rarely get decent representation this way and certainly are dealing with unethical persons from the start. They should not be surprised when their case is ruined and their valuable rights are lost. I have seen many horror stories.

This practice is illegal unethical and causes immediate disbarment to the attorney, if discovered. These are the "ambulance chasers" everyone hates and which give honest professional trial lawyers a bad name. These runners, of course, are soliciting people at their lowest moment when they are in their hospital beds, often under heavy medication, unable to think clearly or clouded by distress and grief. This is a high pressure tactic utilized to attract vulnerable accident victims as clients without attempting to build a solid practice based on reputation and consistent results. Making these victims legally obligated while in their hospital beds to these unethical lawyers is a sad commentary on the American legal system. Often what is being implicated by thinly veiled reference is that the injured victim might not receive the proper medical treatment if they do not sign these papers NOW.

This entire practice is forbidden by law. WHY? This never results in good representation. These are usually upstart lawyers, as no reputable firm would ever engage in this sort of practice. It is perfectly appropriate to be brought to a client in a hospital by a friend, relative or pastor (or someone of strong reputation that you trust) to help provide needed counsel in a time of need. That is not what I am speaking about. Our law firm quite often visits seriously injured clients in their hospital beds through the invitation of a concerned friend or pastor. That is very different. A "runner" is not concerned for anything but his bribe. The "ambulance chaser" he works for is concerned for nothing but his fee. Be careful who you sign papers for in a hospital.

This problem has cost our firm thousands of hours in hard work, scholarly research, teaching time, years of experience and countless dollars in advertising costs to get this message across. It is frustrating to have this process circumvented by dishonest people and to see our clients get hurt legally by these evil people. The sad reality is that any lawyer--no matter how inept--can settle a case for ONE-THIRD of its value. This happens all the time. There are countless horror stories where victims had their cases settled for a fraction of what they deserved. I personally was involved in a case where the client's prior lawyer demanded he settle for $600,000 "or else." Thankfully they did not and they changed lawyers to our firm. They came to our office where the case was properly handled and tried to verdict. They received $4.6 million dollars for the same case that the prior lawyer was willing to practically "give away." This is all too common.

The governing authorities do not police this activity adequately so this flagrant abuse of direct client solicitation continues to this day. If you are a pastor or a loved one of someone injured, lying in a hospital bed, do not allow the victim to speak to these crooks or their representatives. Anyone who engages in these practices cannot help your loved one or parishioner brother/sister. This is an awful problem that deserves to be exposed.

Slip/Trip and Fall Cases

2008-05-16T12:31:00.003-04:00

Slip and fall cases are sometimes ridiculed as the most ridiculous and illegitimate of all the cases brought in a legal system that is supposedly overflowing with cases that lack merit. It is somehow believed by some cynics that everyone who falls is always responsible for their own "slip and fall" and that it is somehow inherently wrong to bring a lawsuit for an accident which "must have been caused by one's own clumsiness." This prejudice pervades a large part of our culture where people are always expected to look where they are going. It is not, however, always that simple.
Only the most ignorant and closed minded people can fail to visualize at least some cases where the slip and fall and resulting injury to the victim is caused by the negligence of another - in these cases its the one who controls or maintains the property. In addition, many slip and fall injuries occur to the elderly or to those otherwise incapacitated by some type of physical or mental handicap that prevents them from being so agile as to always land on their feet like a cat when tripping, slipping, or stumbling on some hazard.
The law is clear. A person lawfully present on the land is entitled to a safe walking passageway, free of defects, debris or other tripping or slipping hazards. These cases are straightforward, but are not always easy to prove. For example, take the classic example of a banana peel. While a banana peel on the floor is potentially dangerous o pedestrians, it does not automatically give rise to liability on the property owner or controller and is not automatically a valid claim. The issue is one of negligence - Was the controller of the property negligent in allowing that condition to exist or did he create the condition himself? Where did the condition come from and how long was it there before the victim fell because of it? These cases often turn on such issues.
For a property owner to be liable for such a fall, he/she must (1) have notice of the defect, (2) have a reasonable opportunity to correct the defect, and (3) he/she failed to have done so, thereby causing the victim's fall. It is difficult to prove that a landowner had actual knowledge of a defective condition. The usual exception to this is if the defect was caused by the landowner himself, or by someone that works for him. If, for example, the defect is a poorly constructed sidewalk with a large raised edge or a gap, then such notice is sufficiently proven since the property owner or the controller of that property had to have known of the problem - they created it!
In debris cases (garbage, our banana peel example, other "temporary hazards") the way to prove that the landowner had notice is not that he/she had actual knowledge, but rather the law permits negligence to be proven based on "constructive" notice. Constructive notice exists and can be proven if it can be shown that the defective condition existed in an obvious place for such a period of time that the controller of the property simply MUST have noticed it (or should have noticed it!) if they would have exercised reasonable care. In other words, the slip/trip and fall case can be won by simply proving the defect and the length of time it existed in a sufficiently noticeable location. If a jar of olive oil is spilled onto a supermarket floor and it can be shown (through witnesses, surveillance tapes) that it existed on the floor and was not cleaned up for a sufficient amount of time, long enough to create a hazard and cause the victim to be injured, then the fall victim will win the case. How long does it take to get a "clean up in aisle 7?"
Another type of slip/trip and fall case is based on a recurring condition which will automatically establish notice each time it occurs. A typical example of this would be a leaky roof resulting in a wet floor each time it rains. Since the condition is recurring (the puddle will inevitably form each time it rains) the property owner/controller is "on notice" that the floor will become wet and create the usual slippery puddle. The victim does not need to prove that the owner/controller saw or should have seen the actual puddle or wet area on which the victim fell. It is enough to establish that the owner/controller knew that the roof regularly leaked in that location.
Lawyers must be creative in overcoming these obstacles. Lawyers in slip/trip and fall cases must also overcome the prejudice of the public that tends to automatically blame the victim, and chalk it up to another "klutz" being responsible for their own actions. In reality, many times a person is seriously injured a slip/trip and fall. Falls, especially in older persons, can result in nasty injuries such as fractures, hip replacements, and serious head injuries. We have even seen slip/trip and fall cases in where the victim died as a result of his injuries.
While some slip/trip and fall cases are insignificant, our firm has settled such cases for many hundreds of thousands of dollars, and more. Also, the often ignored aspect of slip/trip and fall cases is there is usually a significant amount of insurance coverage available to pay serious claims (unlike some care accidents where they coverage is often limited!) If you or someone you know has been injured in a slip/trip and fall, please call our firm today at 1-800-NOW-HURT so that we can help you as we've helped thousands of other fall victims.

Think Tort Reform is a Good Idea? Think again!

2008-04-28T16:03:00.003-04:00

This article was written by the managing attorney of my firm in response to an article calling for tort reform printed in The Village Times Herald in March 2005. Though this article is already a few years old, it's still very relevant as those in favor of tort reform (namely physicians and insurance companies) are, as recently as last month, still issuing articles pretending that it is a good idea. I bet the doctors who almost killed actor Dennis Quaid's twins (when they were accidentally given an adult version of particular drug called Heparin at 1,000 times the dosage that was required) think tort reform is a good idea too...

“Round Two of the Bugle Call For Tort Reform” – by Mark. T Freeley

Okay, as one of those “trial lawyers” (which seems to be a dirty word these days), I will jump in the ring again for round two of your bugle call for tort reform. You begin (after apologizing for printing fictional stories” by claiming that the need for tort reform is “undisputable except perhaps by trial lawyers.” I beg to differ. What about our neighbors, friends or family members who sustain serious injuries due to the negligence of others? Does the person who can no longer work to support their family, or the family that has lost a loved one feel “tort reform” (which is simply code words for “loss of your right to seek compensation”) is needed? Should these people just “take it on the chin” so insurance companies and big businesses make even greater profits? Isn’t it in society’s best interest to reasonably compensate people (who are injured at the fault of another) for their loss of enjoyment of life, loss of wages and medical expenses rather than cater to claims by insurance companies that these “frivolous” cases are causing them to lose money? Every time we turn on the radio or TV we hear insurance company ads pleading to insure us. Surely there must be a profit squeezed in somewhere!

You then focus on the $137 million that was awarded (by a jury, not by “trial lawyers” and which will undoubtedly be substantially reduced on appeal* ) for the two year old ventilator-dependent quadriplegic girl paralyzed by a drunken driver who was over-served (16 beers) and whose parents both had to quit their jobs to take care of her. I believe you described these circumstances as an “alteration of that child’s life.” I’m glad the jury determined it was a bit more than an “alteration” and I’m sure they didn’t consider the award a “free lunch.” As for the increase in insurance premiums, punitive damages (which are virtually non-existent in tort litigation) do nothing to raise insurance rates because in most states (New York included) they are not covered by insurance policies and they too are typically greatly reduced on appeal.

On the issue of contingency fees, which you claim trial lawyers “do not share,” you seem to be mixing personal injury claims with class action suits, two entirely different animals. The standard contingency fee in personal injury cases in New York is one-third of the net recovery after expenses. It is even less in medical malpractice actions. Therefore the injured person always gets the lion’s share of every recovery. Going head to head with insurance companies and their lawyers is time consuming, expensive, and the overhead is tremendous. Contingency fees allow people (regardless of income level) access to lawyers and the courts. Imagine if an injured person already unable to work was compelled to pay an attorney an hourly fee up front to take on the insurance companies. How many accident victims would be in a position to do so? They also assure that attorneys accept only meritorious claims because the attorney will only be compensated if he or she is successful. The attorney that brings “frivolous” cases will soon find themselves out of business.

Sure its easy to attack trial lawyers and wave the “tort reform” flag, but the real victims of these attacks are really not us trial lawyers. The true victims will be those of us who may become injured in the future only to find our rights to a full and fair recovery vanished in the name of “tort reform.” I can only hope that when the public realizes this, it will not be too late.

______________________________________________________

*Later the $137 million dollar verdict was overturned, prompting another letter to the editor by Mr. Freeley, dated August 16,2006:

As you may recall early last year the bugle call for tort reform was sounded by your paper and was responded to by many including myself, a confessed “trial lawyer,” in an attempt to set the record straight. Specifically you found the $137 million dollar verdict for the two year old ventilator-dependent quadriplegic girl paralyzed by a drunken driver who was over served (16 beers) at Giants Stadium quite perturbing. Well, this month the Appeals Court overturned the verdict and ordered a new trial to take place. As it stands now this girl has collected the whopping sum of $200,000 from the insurance company that insured the drunk driver that struck her, even though she will require $42 million worth of care for the rest of her life. Is it really that disturbing when jurors hold entities accountable for their actions? Is it too much to ask to refrain from serving someone 16 beers? If businesses and their insurance companies are let off the hook because of a fear of increased premiums, doesn’t that just pass the buck to us taxpayers in the end anyway? If there is no insurance to cover the medical costs for this girl, they will in all likelihood be paid by governmental social services programs, which will in turn raise everyone’s taxes. Since insurance companies are in the business of managing risks, shouldn’t they (on behalf of their culpable insureds) pay such costs instead of already strained social programs? I don’t know, maybe we shouldn’t hold anyone accountable anymore and let the insurance companies make even more profit. Its almost unbelievable, but the propaganda sponsored by insurance companies and big businesses has many citizens feeling almost embarrassed to stand up and do the right thing for fear of premium increase retribution. Wow, are they good or what?

$600,000 Structured Settlement (ultimately worth $1.3 million) for Boy Attacked by Dogs

2008-03-04T15:18:00.002-05:00

Many of the cases that our firm has handled resulted in record breaking numbers in New York State, including the case we handled where we won for our client over $14 million dollars, which was the largest settlement in New York State History. Another one of our record settlements is the following dog bite case.

In a case that settled prior to jury selection, the lawyers at Buttafuoco and Associates were able to reach a significant settlement in the case of an 11 year old boy who was attacked by Rottweilers while playing with friends at a Queens, NY park. The dogs escaped from a nearby yard enclosed by a chain link fence and bit the boy repeatedly about the body. In an intense rescue effort, it took three grown men, including an off duty police officer, ten minutes to save the boy from the attacking dogs. After 9 days of hospitalization and treatment including stitches, tetanus shots, rabies shots, and psychological counseling, the boy remained traumatized and retains a large Z-shaped scar. One of the dogs was shot and killed by a police officer at the scene and the other was put to sleep by the ASPCA. The firm was prepared to call witnesses who lived near the defendant and could testify to the violent nature of the dogs. The case settled for a $600,000 structured settlement, ultimately worth $1.3 million. This is one of the largest reported dog bite cases in New York. If you or someone you know has been the victim of an animal attack, have them call us at 1-800-Now-Hurt for help so they can get the compensation they deserve!

A Must Read for All Those Who Have Had Jury Duty or May Be a Juror One Day!

2008-02-21T12:02:00.002-05:00

Awarding Future Damages in Jury Trials

By Daniel and Kristen Buttafuoco

In New York personal injury and death actions, damages for future losses (future medical bills and future lost wages) must be stated in future dollars. This means that the attorney for the accident victim (or the deceased’s family) must project these losses to the jury in terms of the cost they will be in the future. The reason for this is that all future damages in jury trials get reduced after the verdict by the trial judge who must get involved with complex calculations necessary to reduce the verdict to present day value. The injured plaintiff then gets the reduced amount, not what the jury gives!

This is tricky for plaintiffs. This law forces the plaintiffs attorney to ask the jury for what may seem to be an outrageous sum of money. Yet, it is NOT at all outrageous because these amounts will look very different once they are reduced by the judge after the verdict. The jury must follow the law and state the verdict in future dollars. If the jury does not take this into account and states the verdict in what they believe is reasonable for today’s economy, the plaintiff gets cheated because the amount will essentially be reduced twice (first by the jury, who took matters into their own hands, and second by the judge who must act under the assumption that the jury followed the law and did render a verdict in future dollars)!

Other means of resolving cases, such as settlements and payments are always in present dollars. If the defendant offers a sum of money to the plaintiff for damages caused and the plaintiff accepts that offer instead of proceeding further with the lawsuit, that amount is in present dollars. Jury verdicts, however, as previously stated, are in future dollars. This is because a jury verdict (in civil personal injury cases) is only for informational purposes. It is raw data that is used for a series of complex calculations after the trial is over. Juries should not think that plaintiffs will receive the amounts stated in the verdict. They do not. They receive a greatly reduced amount after those complex calculations are performed on the jury’s raw verdict amounts.

For this reason the jury must follow the law and, if they believe that the plaintiff will have future damages, award the amounts projected. The plaintiff’s attorney will often bring in an expert economist to testify what is necessary in future dollars. The jury should not be put off by these seemingly large numbers. These projections are very real and not inflated.

It is a matter of simple economics. For example, in 1958, the cost of a movie ticket was $0.58. Fast-forward 50 years to the present and a movie ticket is a whopping $10.00. That is over 17 times the amount that it was in the past! Now, $9.42 may not seem like a great deal of money to most people. But our clients are not worried about whether they are going to have enough money to go see a movie in the future, so let’s talk about things the injured plaintiffs will really need.

Assume the plaintiff was in a car accident and suffered neck or back injuries as a result of that accident. Now the plaintiff needs physical therapy. We’ll start with a very modest estimate, 18 visits per year. That’s an average of 1-2 physical therapy appointments per month. Physical therapy in 2008 costs an average of $100 per visit, for a total of $1800. Now increase these amounts by 5% per year (as per data provided by the U.S. Bureau of Labor Statistics) and 30 years from now the plaintiff will be paying $7,779 per year for physical therapy visits. If you add all those yearly numbers in between, by 2038 the plaintiff will have spent $127,370 on physical therapy visits alone!

But that’s not all…if the physical medicine and rehabilitation doctor prescribes trigger point injections (which they often do) once a week at $75 per session, with that same 5% increase, by the year 2038 the plaintiff will have spent $349,560 on that!

Now how about some medication? Muscle relaxers or pain killers? Let’s say in 2008 those things cost $50 per month. Medication costs, according to the U.S. Bureau, increase at an even faster rate of 6%. So by the year 2038, the plaintiff will have spent $50,881 on necessary medications.

Add these three basic categories together and already that is over half a million dollars in future medical costs! And that is not counting doctor visits, additional x-rays or MRI’s, possible surgeries, or lost wages because the plaintiff is unable to return to work!

Let’s say that taking all this into account, a jury gave a verdict of $1 million dollars. Does that mean that once everyone leaves the defendant’s insurance company hands the plaintiff a check for $1,000,000? Absolutely not! That $1,000,000 is reduced by the court, using those complex calculations we discussed earlier and the plaintiff ultimately will receive that value in today’s present dollars, which hopefully will cover their medical expenses.

If you are ever chosen for jury duty in the future, please keep this in mind. Being a juror, while sometimes inconvenient, is a great honor and responsibility. It is one of the institutions that makes this country great. We are telling you this information because one day you might be chosen to be a juror, in which case you can help us do our job. We take our job very seriously. Our job is to help accident victims rebuild their lives.

Harvard Study Casts Doubt on Claims that the Legal System is Plagued with Frivolous Med Mal Lawsuits

2008-02-20T14:58:00.004-05:00

Very often we hear claims that the legal/litigation system is full of frivolous lawsuits, especially frivolous medical malpractice lawsuits, that are brought by money hungry uninjured people or people whose injuries were not the result of malpractice. But this is not at all the case according to a recent study done by the Harvard School of Public Health.

The results, in fact, are the opposite of what the tort "deformers" claim, based on results from 1,452 randomly selected, closed medical malpractice files. The reviewers found that 97 percent had indeed suffered harm. In about one-third of these patients, the damage wasn't clearly attributable to negligent medical treatment, a wrong prescription, or a misdiagnosis. Most of those claims were correctly denied compensation, the team reports.

According to the study, 73 percent of plaintiffs whose claims had merit received compensation.

The study also found that just six people had received compensation that were uninjured and 145 had injuries that had not been convincingly linked to medical error. On the other hand, 236 plaintiffs who did suffer an injury from medical error received no compensation. The authors wrote:

One in six claims involved errors and received no payment. The plaintiffs behind such unrequited claims must shoulder the substantial economic and noneconomic burdens that flow from preventable injury. Moreover, failure to pay claims involving error adds to a larger phenomenon of underpayment generated by the vast number of negligent injuries that never surface as claims.

Eighty percent of the claims involved injuries deemed to have caused significant or major disability or death. In only 3% of the claims, no adverse outcomes from medical care were evident.

Since the majority of payments from insurance companies went to people who had been harmed by medical errors and not to people with baseless claims, the authors said that the "moves to combat frivolous litigation will have a limited effect on total costs."

Taking direct aim at politicians and business lobbyists, the authors wrote that:

"The profile of non-error claims we observed does not square with the notion of opportunistic trial lawyers pursuing questionable lawsuits in circumstances in which their chances of winning are reasonable and prospective returns in the event of a win are high. Rather, our findings underscore how difficult it may be for plaintiffs and their attorneys to discern what has happened before the initiation of a claim and the acquisition of knowledge that comes from the investigations, consultation with experts, and sharing of information that litigation triggers. Previous research has described tort litigation as a process in which information is cumulatively acquired."

For more information on this study, you can check out Harvard's School of Public Health and view their article on the following link: http://www.hsph.harvard.edu/news/press-releases/2006-releases/press05102006.html

If you or a loved one has been injured due to medical malpractice or negligence by a health care professional, you may be entitled to compensation. Call our law offices at 1-800-Now-Hurt and visit our website at www.1800Nowhurt.com for more information. We help medical malpractice victims rebuild their lives.

Is it morally wrong to sue?

2008-02-11T14:27:00.001-05:00

Many of our clients are devoutly religious people, since a good part of our practice is referred to us from the church. It is not unusual for Pastors, Priests, Deacons or other church leaders to recommend our firm since we are so actively involved in ministry to the poor and other church related missions.

As a result we are often asked this question: “Is it morally wrong for a Christian to bring a lawsuit for personal injuries?” Fortunately our firm is well equipped to answer this question. Dan Buttafuoco is an active elder in his church and possesses a Master’s Degree in Theology from Alliance Theological Seminary. He is also an amateur Bible scholar and has taught graduate students at both seminary and law school.

The Bible (neither the Christian nor the Jewish version) and the Judeo-Christian religions do not prohibit lawsuits. Scripture prohibits only unjust lawsuits. The Bible, the teachings of Moses, and the teachings of Jesus are very concerned with the concept of justice. Continually we are told in scripture to “defend the poor, the weak and the fatherless” in court. In fact, Exodus 22 sets forth legal guidelines for God’s people to recover compensation in personal injury accidents when these accidents are caused by the fault of another, either through negligence or other wrongdoing. It is a simple but profound concept. If you break it, you must fix it. If you hurt someone, you must pay for it.

These very same moral and just principles are embodied in our law today, especially in America with its strong Judeo-Christian founding. While lawsuits, like anything else, can be abused by dishonest people, they need not be. Furthermore, insurance companies and corporations are often just as immoral and corrupt in denying valid claims than any dishonest claimant. Because they have money for “PR” this sad fact is often not publicized, but any lawyer and judge knows that insurance companies and defendants often go to great lengths, sometimes unfairly, to deny valid claims.

In just about every jury case brought in America there is liability insurance that will pay the verdict. This is true even if the named defendant is a private individual and may in fact be some “sweet little old lady.” Jurors and the public are never told that the ultimate payment for injuries in these cases will be made by an insurance company. In court it is illegal to tell the jury that insurance money is involved. Consequently, jurors are never aware of the truth that the money being sought in the verdict will be paid by “XYZ Insurance Company.”

Insurance companies exist for the sole purpose of paying claims. Yet they hide behind the fiction of the appearance that in court the person being sued must pay the plaintiff (the person bringing the lawsuit) out of their own pocket. Simple economics will tell you that the average person has insufficient money to pay damages on any significant personal injury claim. Therefore always assume that insurance money is lurking behind any claim made in court.

It is certainly not immoral to accept money for injuries from insurance companies since they exist for this very purpose.

Legal Caps on Pain are Wrong

2008-01-21T10:41:00.000-05:00

Caps on pain and suffering and the loss of quality of life of victims of medical malpractice are not a legitimate solution to recent insurance-rate increases. Caps only unfairly discriminate against those patients who have been injured the most seriously, or those too young or old to show an economic loss from their injuries. In California, which has such a cap, victims of medical malpractice have had difficulty in retaining attorneys to take their cases, because typically malpractice cases are difficult, time-consuming and expensive to litigate. In New York attorneys in malpractice actions are forced to accept reduced fees because of legislation that has been in effect for many years. By placing such minimal caps on a victim's potential compensation for his or her pain and suffering and loss of enjoyment of life, in addition to the already imposed legal fee cap, the courthouse doors will clearly close for good for many legitimate victims of medical malpractice. This is exactly what the malpractice insurance companies would like to see.

Solving Malpractice Costs

2008-01-18T13:05:00.000-05:00

This article is on display in my office. It appeared in Newsday on July 24, 2007. It is entitled "Don't Blame the Victims: Other ways to solve malpractice costs."

Costly medical malpractice insurance is a real problem, particularly on Long Island. Unfortunately the solution most often touted - limits on jury awards - is bogus. The debate over the rise in the cost of premiums has to get beyond demonizing trial lawyers if solutions are to be found.

Nobody likes being sued. And trial lawyers are a tantalizing target for retribution. But its the people they represent - those injured due to medical negligence painstakingly proved in a court of law - who would be the victims of dollar limits on damages for pain and suffering.

There's no magic bullet to miraculously control the cost of malpractice insurance. So debilitated patients shouldn't be singled out to bear the brunt of reform, when there are so many other players in this drama with deeper pockets.

The problem was laid out last week by Newsday reporter Ridgely Ochs. The cost of medical malpractice insurance is on the rise in New York after years of relative stability, and the highest rates in the state are here on Long Island .

With HMOs and insurers playing hardball to keep a lid on costs, doctors are getting squeezed. Some are altering their practices: ob/gyns, for instance, opting to stop delivering babies. That's worrisome and, if unaddressed, could become a problem for patients. But the assertion that all this is being driven by rapacious lawyers is unconvincing.

The size of jury awards has gone up in recent years. But according to the Center for Justice and Democracy, a consumer group that tracks such things, payouts from verdicts and settlements have risen no faster than the rate of inflation in medical costs. And while some doctors have left or altered their practices, many have set up shop on Long Island , driving an overall increase in the number of obstetricians and surgeons, including neurosurgeons, in the area.

Still the cost of insurance is a problem, and there are approaches to slowing the increases that merit consideration. A specialized medical court without juries, for instance, or a no-fault system for claims involving neurologically impaired infants. A crack down targeting the licenses of incompetent or chronically negligent doctors would help. So would still penalties for lawyers who filed frivolous suits.

There are bound to be other, more creative ideas. Unfortunately, they may never be explored if the debate remains fixated on attacking damages awarded to patients for their pain and suffering as the root of all evil.

Protection of Construction Workers and Workers in the Trades under the NY state "Safe Place to Work Laws"

2008-01-17T12:41:00.000-05:00

In NY state, construction workers in the “trades” (carpenters, plumbers, electricians, steel workers, steamfitters, laborers, masons, painters, and every other trade) are protected under the “safe place to work” laws. These laws are known in the legal arena as the “labor law” and there are different sections covering varying types of work related activities and injury causing situations. Labor Law cases are very favorable to construction workers. These laws hold the building/structure owner as well as the general contractor liable for certain injuries suffered by workers in the trades. What this really means is that in addition to having a worker’s compensation claim against their employer, the injured worker may also have the right to bring a lawsuit against the owner of the building/structure and against the general contractor overseeing the job. Thus, the injured construction worker has two claims.

In order for the safe place to work laws to apply and provide protection to the injured worker, certain criteria must be met. First, the work being performed by the injured worker must be the type that is covered under the law. All trade work is typically covered if its being done for construction, erection, repairing, demolition, or altering of a building or structure. The injury does not have to occur on a construction site or project. As long as the work being performed is trade type work there is typically protection under these laws.

So, for example, if the trade worker’s company was hired to by a building owner to simply paint, replace electrical wiring, or install an alarm system, or to install a new boiler, these types of activities will normally be covered under these laws.

In addition, the safe place to work laws concentrate on providing workers in the trades with protection from elevation-related accidents, such as falls from a height (ladders, scaffolds, platforms, etc.). When a worker falls from a height and is injured because a ladder/scaffold is inadequate, unsecured, unstable, or defective these laws mandate “absolute liability” upon the owner and general contractor. This is true regardless of who owned the ladder or scaffold. The owner and general contractor are required to ensure that workers working at a height are provided with proper safety devices. So, if a ladder or scaffold collapses, breaks, tips, slides, etc., and causes injury to the worker, both the owner and general contractor are liable. The same is true if materials, tools, or supplies fall from a height striking a worker below. There is even a special section of the law providing heightened protection for window washers who are injured on the job due to height/fall related injuries.

The safe place to work laws also provide protection for injuries caused by slipping/tripping on a work site, injuries caused by lack of eye protection, injuries caused by electrocution, injuries caused by unguarded power equipment and many other types of trade related activities.

Of course with all laws there are certain exceptions and exemptions. It is crucial to hire a lawyer who is fully familiar with these laws and has had repeated success with lawsuits against owners and general contractors. At Buttafuoco & Associates, Daniel P. Buttafuoco and Mark T. Freeley have a proven track record of success in handling labor law cases and in taking on the owners, general contractors, their insurance companies, and their attorneys. Dan and Mark take a personal interest in every injured trade worker and prepare an individual case strategy for every client. The injured worker does not become a case number, as is the common practice in other firms, but instead becomes a case partner. We help injured construction workers rebuild their lives.

Frivolous Lawsuits

2008-01-11T14:15:00.000-05:00

Everywhere I go, whether it be a dinner party, nonprofit organization meetings, church or on the golf course, people always ask me why trial lawyers file frivolous medical malpractice lawsuits. "Don't insurance companies raise our rates when they have to pay for those suits?" they ask.

Here's my answer: Frivolous lawsuit claims are overblown. They're circulated by powerful corporate interests that want to escape accountability for the dangerous products they market to the public. Government agencies that track civil suits report declining numbers.

The real problem is the insurance company gouging physicians. Annual statements of the 15 largest companies handling malpractice insurance show that premium collections increased by 120 percent between 2000 and 2004, while claims rose by only 5.7 percent.

The rate of premium increase was 21 times greater than the rate of increase in claims payments during the same period. None of that has anything to do with lawsuits and everything to do with the insurance industry stuffing its pockets at the expense of the American public.

Voted Best Lawyer of Long Island 2008!

2008-01-09T12:34:00.000-05:00

Daniel Buttafuoco, of Buttafuoco & Associates, has just been voted the #1 lawyer on Long Island for 2008 by readers of The Long Island Press. This is the second year in a row Dan has won the honor and both he and his firm wish to thank all those who took the time to vote. Winning this honor shows that we are successfully doing our job and our clients are happy, which is of utmost importance to us. We will strive to continue our success and make the coming year even better. Thank you again!

Train Accidents - Falling through the gap

2007-04-12T10:14:00.000-04:00

Railroads, like anybody else, are responsible to maintain the safety of the public. Whether at stations or in rural areas, whether on station platforms or on the tracks, these accidents can be deadly. Sometimes people fall through the gap between the train car and the platform. We recently had a case settle for well over a million dollars when a poor commuter slid through a gap and landed on the ground below the station platform.

Special rules apply for those “working on the railroad”. These cases are called FELA cases and our office handles them.

We welcome you to call our offices anytime and we will help you through the process or at the very least lead you in the right direction.
Daniel P. Buttafuoco
1800NowHurt.com

Work Place Accidents

2007-01-08T10:41:00.000-05:00

Work place accidents occur everyday and in many instances you may have the right to seek compensation for your injuries in addition to Workers' Compensation benefits. Although you may not be able to bring a personal injury action against your employer, there may be other persons or entities responsible for your accident and we may be able to obtain a settlement from them on your behalf. You should call our office anytime you are injured at work as we will not only assist you in obtaining representation for your Workers' Compensation claim, we will carefully listen to and evaluate the facts surrounding your accident to see if a personal injury claim can be pursued as well. For instance, if you fall on a defective stairway or get injured by a defective elevator we may be able to bring a claim against the building owner and/or manager for your injuries. This would be in addition to your Workers' Compensation benefits. If you work in any of the trades ie: painters,carpenters,electricians,roofers,steamfitters, iron workers,alarm installers, you may be entitled to special protection under the New York State Labor Law which requires that owners and contractors assure that all trades are provided with adequate safety protection. Most workers are NOT provided with the required safety protection and we are able to successfully obtain large settlements from the insurance companies for the owner and general contractor. We have handled many of these cases with tremendous results as can be seen in our Verdicts and Settlements section on this site. However, each case is very fact specific so please call our office to discuss your accident so we can make a proper determination. Injuries sustained on any construction site or while performing repairs, alterations, installations and demolition are covered under the Labor Law, there is also a special section just for window washers so please call us to see if we can help you.

Daniel P. Buttafuoco
www.1800NowHurt.com

Case Brief: Labor Law

2006-12-20T13:32:00.000-05:00

I have had several inquires for examples of a Labor Law cases. Posted below is a Labor Law - Fall from Ladder case:

XVII/11-38 LABOR LAW - FALL FROM LADDER - SUMMARY JUDGMENT ON LIABILITY
FRACTURED PATELLA
SETTLEMENT: Scott and Jamie B. v. U.S. Tennis Association, Inc.; Turner Con & Lehrer; McGovem Bovis, Inc. 129112/95 Date of Settlement 3/16/99 New York Supreme
Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, Woodbury.

This Labor Law action settled during trial for $1,250,000, plus the waiver of a $67,000 Workers Compensation lien. On 10/20/95, Pltf., a 38- year-old union iron worker, fell from an unsecured ladder while working at the construction site of the U.S. Tennis Center in Flushing Meadows. Prior to trial, Pltf. was granted summary judgment pursuant to Labor Law § 240. There was no Third-party action against Pltf.'s employer.

Injuries: comminuted fracture of the patella with displacement of the bone fragments. Pltf. underwent excision of the patella and open reduction and internal fixation. Pltf.'s knee is disfigured. Pltf. did not return to work, and he claimed that he will require a future knee replacement. He was earning approximately $60,000 a year, plus benefits, at the time of the accident. Deft. claimed that Pltf. would not need a knee replacement, that he had good range of motion in the knee, and that he was able to return to work. Demonstrative evidence: model of the knee; photographs; diagram of the knee and surgeries.

Daniel P. Buttafuoco
www.1800NowHurt.com

Slip and Fall Injuries

2006-12-14T12:22:00.000-05:00

Have you or a friend/family member recently been a victim of a slip and fall accident? Just because you slip or trip and fall doesn’t mean you are a “klutz” and solely responsible for your injuries. It all depends upon what caused you to fall. Was there a defect on the floor (like a raised or cracked surface tile or sidewalk) or perhaps a pothole defect? Sometimes people fall because there is a “foreign substance” on the floor that is slippery (like oil, floor wax, water or ice, or even something that has broken in a supermarket). Our firm has handled many “fall” cases over the years - one client fell on an overwaxed dance floor, one on icy steps outside a diner, one elderly gentleman tripped over a broken, uneven sidewalk.

There are many conditions that are “unreasonably dangerous” that cause people to take serious falls that result in all types of injuries (occasionally, even in death!).

Falls are serious, especially in older people. It is not uncommon to have fractured hips and major surgeries resulting from a serious fall.

A property owner or business or homeowner must keep the floor and ground in “reasonably safe condition”. If not, then you can sue (slip and fall) provided they had some notice (or should have known) of the condition.

In these cases it is extremely important to 1) make an immediate report 2) take photos as soon as possible and 3) call us immediately if you or a loved one is seriously injured in a fall at 1-800-Now-Hurt. Time is important in these cases because conditions change rapidly.

Call 1-800-Now-Hurt to have Daniel P. Buttafuoco & Associates investigate your case as soon as possible.

Daniel P. Buttafuoco
www.1800NowHurt.com

Car Accident - Can I recover damages?

2006-12-05T13:22:00.000-05:00

Auto Accident

If someone is injured in a car accident, all medical bills and wages (to a limited amount) are typically paid by the No-fault insurance company up to $50,000. The accident victim merely needs to file a No-fault application within thirty (30) days of the accident. The No-fault insurance company is typically the insurance for the car the victim was seated in at the time of the accident.

In addition, an injured victim may also sue the negligent driver and owner of the car which caused the accident. Such a case may be worth a substantial amount of money. There is an important requirement here that is unique to automobile cases. The injured victim can only sue if he/she has sustained a “serious injury”. The law involving a “serious injury” is extremely complex. Generally, a fracture, even a minor one, qualifies. A soft tissue injury (“whiplash”) generally is not sufficiently “serious” unless the victim is out of work for ninety (90) days. There are many exceptions to this. Call us for free advice - 1-800-NOW HURT - if you have a question.

Daniel P. Buttafuoco
1800NowHurt.com

State found liable for hazard in unofficial beach path

2006-11-11T10:30:00.000-05:00

Officer paralyzed when ATV hits fence stake

By Natalie White Contributing writer
New York state recently agreed to pay $14.8 million to a police officer who was paralyzed while driving an ATV along an unofficial pathway behind Fire Island beach.
The case turned on the question of who should be held responsible - the owner of the land or the intruder - when a person is injured on a pathway that is not open to the public.
Judge James Lack found the state 100 percent liable for the accident, which prompted the state to settle the suit for $14.8 million.
The plaintiff's attorney, Daniel Buttafuoco, said he believes it is the largest settlement in state history for a single person in a personal injury case. Seven million of the settlement was paid in September and the rest will come in monthly installments.
The path was in Robert Moses State Park on the western end of Fire Island, off the southern shore of Long Island.
Short cut to agony
After finishing his shift in May 2002, police officer Scott Brumber decided to avoid the Memorial Day crowds by zipping his all-terrain vehicle down the short-cut path, known locally as the "Coast Guard cut."
The ATV snagged on a metal pipe that was sticking up from the sandy roadway, causing the vehicle to flip in the air and land on Brumber, crushing his spine. The accident left Brumber, who has a wife and three children, confined to a wheelchair.
The state contended that Brumber had no right to be driving on the path and that he was therefore responsible for his own injuries. Brumber's attorney countered that the state, which owns the area, was responsible for keeping the path clear of dangers even though it was not open to the public.
"Yes, it was not an official path, but the state was negligent in not closing it off," said Buttafuoco. "They just looked the other way."
The plaintiff's team used aerial photographs and live testimony to show that the short cut path had been in use for many years when the accident happened on May 27, 2002. Witnesses testified that several government agencies, particularly the Coast Guard, used the path on a regular basis.
Buttafuoco also called witnesses who testified that the stake was leftover from a snow fence that had been installed by the state several years prior to the accident but not maintained.
"Not only did they neglect the path, but they created the hazard," he said.
Buttafuoco emphasized that although the state knew the path was used by various agencies, it never bothered to post warning signs or notify the agencies of the potential hazards.
"They never told anyone not to use it. They never put up signs or tried to find a way to close it off," Buttafuoco said. "Basically they just kind of winked at it. What they should have done is make sure the path was safe and get all the crap out of there. If they had pulled this stake, this accident never would have happened."
He described the crash as a "freak accident."
"If you were walking you probably would have seen the stake and if you didn't you might have tripped on it," he said. "But on a four-wheel motorcycle you are never going to see the stake."
Buttafuoco said that he would normally prefer trying this case before a jury, but as the trial progressed he realized that the knowledge of the judge worked in his favor.
"Typically you would want a jury for this kind of case, but in the Court of Claims in New York there are no juries, only bench trials," Buttafuoco said. "In the end I think there were a lot of subtleties that typically a jury would not appreciate."
Plaintiffs' attorneys: Daniel P. Buttafuoco and James S. McCarthy of Daniel P. Buttafuoco & Associates in Flushing, N.Y.; Thomas Spreer of the Law Offices of Thomas Spreer in Babylon, N.Y.
Defense attorney: John Shields of the Office of New York State Attorney General Eliot Spitzer in New York.
The case: Brumber v. State of New York; September 2006; New York Court of Claims; Judge James J. Lack.

Daniel P. Buttafuoco
Daniel P. Buttafuoco & Associates
www.1800NowHurt.com

Top 10 Things Most People Do Not Know

2006-11-02T13:18:00.000-05:00

1 The McDonald's "coffee" case is a just result when you know all the facts. Click here to read about the true merits of the case.
2 Most good Personal Injury lawyers are honest people who care about their clients.
3 You would never trade places with someone who has $1 million settlement.
4 Juries usually get it right.
5 Judges watch over juries to make sure they get it right.
6 Appellate judges watch over judges that watch over juries.
7 Lawsuit filings are way down over the last five 5 Years (statistics to follow).
8 Smart lawyers don't typically bring bad cases because they know they won't get paid (i.e. the contingency fee system works).
9 You need a “serious injury” to successfully pursue a car accident case even if you were hit by a drunk driver.
10 The wrongful death of an innocent child in New York is worth no more than approximately $100,000, without proof of prolonged, conscious pain and suffering..

Extremely Important info -> Your Auto Insurance!

2006-10-20T00:34:00.000-04:00

SUPPLEMENTARY UNINSURED/UNDERINSURED
MOTORISTS COVERAGE

Every auto policy with Liability Coverage includes protection at minimum bodily injury limits of $25,000 per person/$50,000 per accident for you and your passengers in the event of bodily injury sustained in an accident in the State of New York for which an unidentified or uninsured driver (i.e., stolen car, hit and run, policy cancelled) is legally liable. As additional protection, Supplementary Uninsured/Underinsured Motorists (SUM) Coverage is available. It provides protection for both in- state and out-of-state accidents.

SUM coverage may be carried with limits up to the bodily injury limits you have chosen. Below is a list of the limits that are typically available.

SUM Coverage Limits
Per Person/Per Accident
$ 25,000/$ 50,000- Not recommended.
$ 50,000/$100,000- Not recommended.
$100,000/$300,000- The least you should have.
$250,000/$500,000- Strongly recommended.

SUM coverage is described below.

Basics of SUM coverage

1. A person should purchase SUM coverage in order to protect against the possibility of an accident involving another motor vehicle whose owner or operator was at fault and who:

a. May have no insurance whatsoever; or
b. Even if insured, is only insured at relatively low liability limits, in comparison to your own liability limits for bodily injury.

2. By purchasing SUM coverage, you and your family can:

a. Be protected for bodily injury to themselves, up to the limit of the coverage purchased; and
b. Receive from your own insurer payment for bodily injury sustained due to the fault of the other motor vehicle's owner or operator.

3. Your SUM coverage protects you and your family even when you are not in your car. It is a layer of protection even when you are in someone else's car, riding your bicycle or crossing the street. SUM is in fact one of the most essential coverages to obtain for you and your family.

Daniel P. Buttafuoco
www.1800NowHurt.com