New York Personal Injury Lawyer Blog

A study confirmed that changes had to be made to morphine labels due to errors. The FDA along with the manufacturers of the morphine solution gave a warning to medical professionals of the possibility that it can cause health issues if taken in excess. Therefore, they have changed their label to reflect this and to limit the risks of injury that would affect patients.

According to a person close to the scene, there were some severe illness and deaths that occurred due to this morphine overdose accident. In a few cases, the morphine solutions were purchased in milligrams instead of milliliters and this is certainly a huge error. It means that doctors would issue more than what the patient can ingest comfortably.

Before the labels were changed, the manufacturers had put the morphine solution on the market; expressing the strength as twenty milligram/milliliter. The container that this solution was packaged in had a white background and brown lettering, which means it was hard to see.
A source indicated that since the label has been approved and changed, it has definitely reduced the risk for mistakes to happen. On the containing, the manufacturer has placed a warning that is easily visible. The label is specific to warn that only patients who have a tolerance to opoid should consume this product. Now the container has a white background with red lettering, which makes it highly visible. Pharmacists are given a reminder to provide a medical prescription guide about the dosage. Injury because of product liability in Nassau and Suffolk Counties are handled by people who know how to deal with these things.

Continue reading "Mistakes cause morphine label changes" »

The National Commission of deepwater Horizon reported to a commission that BP was to be blamed for its mismanagement that resulted in the oil spill and blow out. Some industry leaders think that this will be very hard to prove and BP might get away without having to pay any liabilities. In fact, the day after the report came out, BP stocks went up instead of going down as some would normally think could happen.

Other officials told the source that there were also some regulatory issues in the government that also caused this problem to take place. There were many mistakes made causing personal injury, risks factors that were not taken into account beforehand as well as oversights that occurred.
“BP’s drilling process was not in line with the appropriate regulations and the company did not wait for the results to a very important test before putting cement in the well,” said one government official to a colleague.

The government is also chastised for being bamboozled by the industry that it failed to pay attention to the discrepancies that took place. No one knows better than the people who suffered the effects of the injuries of this catastrophic disaster.

National disasters affect so many people and it is not something that anyone wants to go through. Of course, BP wants to blame the government and the government wants to blame BP. No one wants to take responsibility for what happened and fixing the problem is going to be a huge issue. It will cost the taxpayers in Brooklyn and Long Island so much money in the end.

Continue reading "Issue too complicated to sue" »

A source reports that Matrixx, makers of Zicam Cold Remedy are involved in a class action suit because their product (Zicam) causes loss of smell in its users.

Matrixx of course wants the case dismissed, relates a spokesman. They claim that this is not true, of course.

The District Court granted this motion, explains the expert, but the Ninth Circuit reversed the motion, saying that the District Court made a mistake when they required an allegation of statistical significance to establish materiality. Instead, they came to the conclusion that the complaint thoroughly claimed information linking Zicam and its user’s inability to smell, otherwise known as anosmia. There were also allegations that Matrixx withheld information about reports to these side effects and about lawsuits already pending by Zicam users that they knew about the wrong doing. This is obvious personal injury.

To prove their accusations, respondents must be able to prove as necessary that there was in fact an omission by Matrixx, as well as a scienter (knowledge of unlawful activities and wrong doing). Matrixx claims they did not come forward because there was no significant evidence that Zicam did in fact cause loss of smell.

Materiality requirement can be satisfied when there is “a substantial likelihood that the disclosure of the omitted fact would have been viewed by the reasonable investor as having significantly altered the “total mix” of information available”, according to Basic Inc. V. Levinson, 485 US 224. The court did not adopt a bright line rule for classifying materiality in Basic, stating that an approach that designates one fact is always dependent on a specific fact finding such as materiality, and it must be inclusive.

The case is still going on, and the defendants are hoping that with all the evidence they have provided, Matrixx and Zicam will be taken off the market and fixed so that it no longer causes tis kind of injury in its users. This is ongoing and could take a while. Companies in The Bronx and Queens are awaiting the results.

Continue reading "Lawsuit claims Zicam Causes Loss of Smell" »

A federal jury in Islip, New York, has ruled for Toyota in a case of sudden acceleration in New York. This is in Suffolk County and near Nassau County.

The jury deliberated for less than an hour before finding Toyota was not responsible for a doctor’s 2005 Scion sudden acceleration and collision into a tree, sources tell us. The jury found the driver to be at fault, instead.

It was all the driver, not the brake or the floor mat which may have caught the accelerator, a lawyer for the car company reported. The doctor “made a mistake in the operation of his 2005 Scion TC”, the lawyer said to the jury. “He made a simple but unfortunate mistake.”

The doctor’s lawyers maintained that either the car’s electronic throttle system malfunctioned or the pedal was caught in the floor mat in the 2005 Toyota TC. Toyota had a great number of displays and video to show the jury otherwise. It took less than an hour for the jury to finally decide.

“It was all about how the mat came into play and it obviously it didn’t,” a 38-year-old juror told the court. According to her, her decision was influenced by “all the testing Toyota did. They had it all on video. It pretty much explained it.”

The case was filed on July 23, 2008 and from there it took nearly three years to arrange the trial and finally come to a verdict, but after a great deal of testimony, it took very little time for the jury to decide, due to what they saw as overwhelming evidence for the safety of the vehicle in question. There was no personal injury involved.

There were last minute attempts to dismiss a juror by Toyota, with the plaintiff resisting, but the motion was denied. Even so, Toyota prevailed. The jury decided for the car company and the judge ruled the case dismissed with prejudice. In the end, it came down to the exhibits and evidence that Toyota was able to present, showing the safety of their cars and how much testing they do to make sure their vehicles are safe and not the caused of personal injury.

Continue reading "Toyota Wins Acceleration Suit in New York" »

A study points out that in the past year, the U.S. Consumer Product Safety Commission (CPSC) has had a slue of recalls for cribs that are both drop-sided and non-drop sided and they have been manufactured all over the world, including the United States.

Investigators in The Bronx and Brooklyn are questioning why products for such a vulnerable group aren’t tested properly. “Why should children’s lives be at risk,” One salesman asks and adds, “Where is product testing when it comes to infants’ and children’s furniture? Why is it taking so long for companies to define, adopt and implement standards of excellence that prevent dangerous children’s furniture from reaching the marketplace at all?”

He sights examples from several manufacturers including Graco in April of 2010, who recalled 217,000 drop-side cribs. The company had received nearly 100 reports of the cribs hardware coming undone and six reports of children falling out of the crib when it came undone. The cribs were manufactured in China and VietNam cost families between $140 and $200.

Next he sighted Simplicity Cribs that were recalled by retailers and the CPSC and are no longer in business because the mattresses were tubular and metal and often bent or detached, which caused a small space for a child to get wedged or trapped in.

“One child actually died from the design of the Simplicity Crib,” an observer said. “I just don’t get how something like that even goes to market.” This is product liability.

International/Sorelle of East Rutherford, New Jersey reported a similar problem with their cribs and had to recall 170,000 of them from the market. These cribs were made in Italy, Latvia, Brazil, China and VietNam and caused entrapment and personal injury for infants too when the hardware became unlatched.

The observer sights several more examples of recalls by Simmons Juvenile Products; 50,000 dope-side cribs, Victory Land Group; 34,000 recalled 3-in-1 drop side cribs, Burlington Bassinets; 500,000 recalls and Ikea; 34,000 recalls.

“It seems like these crib manufacturers haven’t learned anything from past mistakes. Most of these problems are the same and involve entrapment and suffocation risks. I just don’t understand the short cuts!” said the victim.

Continue reading "Crib recalls and defects on the rise this past year" »

Product liability cases are often long and complex. This case was no exception to that rule. A dead woman’s estate brought a wrongful death action, stating that the woman had died in an accident due to the fact that the rear aisle seat of her SUV has only lap belts instead of lap-and-shoulder belts.

The case was dismissed at the state trial court level and on appeal it was affirmed. The court found material that specifically required the installation of passive restraint devices (seatbelts) pre-empted a state tort suit against an auto maker who failed to install airbags.

In this particular case, the Federal Motor Vehicle Safety Standard stated that auto makers are required to install seat belts on rear seats and the must install lap-and-shoulder belts on seats next to car doors or frames. However, they may put in either lap belts or lap-and-shoulder belts on rear inner seats – meaning in an aisle.
The upshot of this case was that section 208 does “not” pre-empt state tort lawsuits that claim an auto maker should have installed lap-and-shoulder belts, rather than simple lap belts on rear inner seats of vehicles such as the minivan in which the woman was riding. There was a further interesting debate about various exemptions and pre-emptions on the state versus federal level. But suffice it to say that in cases such as this, a good representative will have their work cut out for them checking various legal precedents and safety standards.

Cases like this in the Bronx and Brooklyn always take longer to make their way through the courts for the simple reason that the law in this area is complex and often changes quickly.

Continue reading "Deceased died due to a lap belt being installed instead of lap and shoulder belt" »

Various dentists tell New York Injury Lawyer that fluoride causes dental issues and the U.S. Department of Health has decided to lower the level of fluoride in the drinking water. This announcement was made to combat the many dental issues that have arisen across the nation. The Department of Health and Human Services gave a recommendation that the level of fluoride in water should be 0.7 milligrams per liter of water instead of a range recommendation that exceeded that amount.
Of course, according to the dental profession, the recommended level is not going to be in effect right away. The Lawyer who practices in New York City and Long Island agrees that it is in the best interest of the public to have some time to think about this and to comment on so thirty days is the time period to listen to any complaints.
The Department of Environmental Protection has decided to do their own investigation and research in the meantime and so they will be reviewing the highest degree of fluoride that should be allowed in the water.
A reputable doctor said to a New York Injury Lawyer,” We have waited so long to hear this kind of announcement in support of the right amount of fluoride to be allowed in our water irrigation systems. It will lessen tooth decay and other dental issues.”
This recommendation was reached because of the number of people found to have had too much fluoride consumption and the relation it had with tooth decay and other dental problems.

Continue reading "U.S. Reduction of Fluoride in water" »

Royal Caribbean’s latest return to Tampa wasn’t so sunny. After a six-day cruise, many guests came down with what the company has called a gastrointestinal illness. Reports of the intensity or cause of the illness were not released at the time of this statement. Everyone seems to be recovering fine from the ordeal.

Passengers and their families were treated for free due to the large amount of people who contracted the illness, states a New York Injury Lawyer. Passengers stated that they couldn’t have been happier with how the situation was handled. From the captain down to the crewmembers, everyone was the epitome of professionalism and decorum. But this is a case of product liability.

After any outbreak of illness, the ship must be cleaned before any new passengers step on board, reported a passenger. This cleaning isn’t the usual run-of-the-mill cleaning that normally takes place between cruises, but an intense ultra-cleaning.

This super cleaning causes problems for other passengers, to the tune of a 5 hour delay in boarding for the next cruise. Passengers were given the option to wait or to not go on the cruise. Passengers had traveled from as far away as The Bronx and Brooklyn.

No one seemed to mind the delay, however. Many people spent the time touring Tampa, while others wiled away the hours in local bars new the port. Royal Caribbean announced that the ship was undergoing “enhanced sanitation” and would be expected to depart by 9:30 p.m.

Continue reading "Cruise Passengers Catch Illness" »

The Food and Drug Administration recently warned health care workers and patients about a gas-reducing drug that could possible increase the risk of hip, wrist and spine fractures, said a New York Injury Lawyer.

The FDA is saying that proton pump inhibitors (PPIs) will soon be changing its label with these additional risk warnings for patience taking the drug and physicians who prescribe it, explained a Lawyer.

The new label with this safety information is based on FDA's review of several studies on patience who have been given larger doses of the drug and that have been taking it for more than a year. These patients had the highest risk for fracture according to the study and most were older than the age of 50.

Healthcare workers and doctors in Manhattan and Queens who prescribe proton pump inhibitors have been advised to consider these possibilities of fractures and to possibly prescribe lower doses to patients who are at higher risks.

He added that patients who are taking prescribed doses of PPIs should make it a point to comprehend how much a risk they are taking. The likelihood of fractures increases with long-term use of the drug and should be managed by a health care professional on a case-to-case basis according to the FDA’s report.

As a general rule, people who are taking the drug for heartburn should take it for no more than 14 days in a row and not take it for that period of time more than three times per year, a NY City Injury Lawyer concluded.

Continue reading "FDA Warns Doctors and Patients about PPIs and Fracture Risks" »

The Food and Drug Administration recently revealed more than a dozen cases of severe injuries to patient’s livers who used the drug orlistat for a duration of nearly ten years, said a New York Injury Lawyer.
Orlistat, also known as Alli and Xenical, will be changing its label to reflect these new risks, which were uncovered by the FDA’s review, according to New York Injury Lawyers.
The new label will include safety information warning patients that Orlistat will increase their risk for severe liver injury when taken over a period of ten years.
Lawyers clarified that the drug Orlistat does not “cause” liver injury so patients should be told to contact physicians and other health care professionals only if they experience symptoms that may include but are not limited to itchy, yellow eyes or skin, dark urine, light colored stool and/or a loss of appetite. Doctors in Staten Island and Westchester County look for these signs before they treat the illness.
Authorities estimate that nearly 40 million people worldwide have used Alli or Xenical and so far one case of liver injury has been reported in the United States involving Alli and twelve cases of liver injury have been reported in foreign countries involving Xenical.
It is strongly recommended to discontinue use of the drug Orlistat if any of these symptoms should or arise of if liver injury is suspected. Physicians and Healthcare professionals should report any of these findings to the FDA right away.
An Orlistat representative was not available for comment, according to New York City Injury Lawyers.

Continue reading "Weight Loss Drug Changes Label to Reflect Liver Injury Risk" »

NY Product Liability Lawyers say the lawsuits against Bayer Corporation continue to grow in regards to the it’s birth control products Yaz and Yasmin.

In its most recent case, a woman has charged that Yaz birth control pills led to a severe gall bladder problem resulting in surgery.

“I was never warned properly by either Yaz birth control or Bayer Corp. about this type of a side effect,” the woman claimed. She goes on to charge that Yasmin Birth Control and Bayer were aware of the risks and neglected to warn women of the possible serious health risks.

“This woman had to have her gall bladder removed and continues to suffer with severe stomach cramps and frequent diarrhea,” said a NY Product Liability Lawyer and added, “She never would have used this product had she been properly warned.”

As mentioned in the lawsuit, the woman only took the birth control pills to regulate her menstrual cycle. She claims she followed the exact directions for taking the product. Not long after that she experienced the severe stomach cramps and had to have her gall bladder removed..

Currently, there are more than 6,000 pending charges against the companies that manufacture Yaz, Yasmin and their generic counterparts, Gianvi and Ocella explained a NY Product Liability Lawyer. The complaints consistently allege that the manufacturers of the drug did not adequately research possible side effects of their birth control products and did not warn customers of the risk of gallbladder problems, pulmonary embolism, deep vein thrombosis (DVT) and blood clots.

Lawyers pointed out that three bellwether trials have been ordered in the federal consolidated multidistrict litigation in regards to Yasmin and Yaz and have been set for later in 2011 and early 2012. They say the results of those bellwether trials will help determine how settlements are reached in the pending Yasmin and Yaz lawsuits.

Other lawsuits are currently under investigation in Canada as are cases in Manhattan and Staten Island.

Bayer’s response to these allegations states that there is no evidence that Yaz has higher risks than other birth control methods..

Continue reading "Lawsuits continue to grow against Yasmin birth control and its unexpected side effects " »

A three-week trial’s recent outcome awarded $12.9 million to the husband of a woman with severe jaw damage as a result of taking the drugs Aredia and Zometa.
The total award amount was reduced to $1.26 million due to the state’s laws limiting punitive damages, according to New York Injury Lawyers.
Jurors came to the conclusion that Novartis Pharmaceuticals Corp., with U.S. headquarters in New Jersey was responsible for the woman’s injuries because they failed to warn the woman effectively about the effects of the drugs. Product Liability is often brought to firms in Long Island and Westchester County.
“The family is pleased the jurors saw the actions for what they were and they’re hoping that Novartis has heard the message,” An attorney in the case said. Another attorney said it “will probably be one of the largest injury awards in the state this year.”
The woman had apparently been taking the drugs for breast cancer had died of osteonecrosis — or bone death — of the jaw, N York Injury Lawyers report. She passed away last year from the breast cancer, according to court filings.
In the lawsuit, the victim’s husband charged that Novartis failed to notify his wife about the drugs’ possible effects fast enough, which stopper her dentists from taking precautionary measures that could have saved her from the jaw damage.
She experienced several dental surgeries and hyperbaric oxygen treatments, according to the lawsuit. In the end these surgeries and procedures poorly affected the quality of her last years of life, according to court reports.
After the woman’s death, her husband continued the case in her honor and as she had requested. “She wanted him to see it through,” his attorney said.

Continue reading "$12.9 Million awarded in drug Aredia case" »

It was reported in the news recently that the makers of Lean Cuisine issued a voluntary recall of its Spaghetti and Meatball product due to some pieces of red plastic having been found inside the packages, claims a New York Injury Lawyer. What is puzzling the folks at Nestlé, the parent company of Lean Cuisine, is that the pieces of red plastic seem to have come from an emergency stop button.
Sources tell reporters that the emergency stop button is located at various locations along a manufacturing line so that any worker who spots a problem along the line can stop it so that no further problems can occur until that particular problem is corrected. The process has been proven to work at manufacturing facilities throughout the world. What is puzzling about this case is that Nestle says that the way the plant was designed that no emergency stop button is located near those areas that food would be moving past.
As part of Nestlé’s ongoing investigation into how the plastic could have gotten into the product, they have gone so far as to contact their suppliers to see if any of the ingredient shipments could have contained the plastic, the New York City Injury Attorney was informed. Thanks to the implementation of modern technological manufacturing processes, the company has the ability to pinpoint the processed packages down to the minute they are produced. This allowed the company to know precisely which packages to issue the recall.
While the packages that have been affected have thus far been located by consumers in Minnesota, South Dakota, and Wisconsin, the following recall information should be repeated as a precaution in case any of this product has made it to any other location.
The company says to look for the bar code first which is PC 13800-10390, and then to look for production code that is located in the proof of purchase panel, which is 0298595519 P. Each of the recalled packages will have the same production code, and the company says that it must include the P at the end of the production code. That signifies the hour the product was made whether it is made in Nassau or Suffolk County.

Continue reading "Lean Cuisine Recalled Due to Emergency Button?" »

A Manhattan Product Liability Lawyer revealed today that both Sunbeam Products, Inc. and the Consumer Product Safety Commission because of a safety hazard have recalled nearly 160,000 wine bottle openers.
“The products were recalled for injury hazards,” he explained and added, “The Company has received 52 reports of wine bottles breaking while using their opener. 22 of those reports said users had lacerations on their hands.”
“I was carefully opening a bottle of wine when the wine bottle broke and I cut my fingers pretty badly,” one consumer said. “I have to say I am impressed with the way Sunbeam has handled this whole thing. They’ve admitted their mistake and are willing to compensate for it. That seems rare these days!”
The product in question is the ‘skybar™ Air Pump Wine Opener’ model number NBSKWA2600, which was sold as a four piece set in several colors including; gray, blue, red or silver and black-colored with a black storage box. ‘skybar, is printed on the side of the product and. model number NBSKWA2600 is printed on the bottom,” said the spokesperson.
He pointed out that the wine bottle openers were sold at QVC retail and stores nationwide, as well as QVC’s televised shopping programs, and online.
Consumers should return these products to any QVC store and will receive a full refund. Those that purchased the wine bottle openers through QVC’s televised programs or at www.qvc.com were sent written instructions on how to get a refund. Those who have not received the instructions in the mail should contact QVC. Those with wine openers not purchased through QVC, should contact Sunbeam for instructions on how to obtain a full refund.
Sunbeam has been extremely cooperative with consumers for these products and added that various phone numbers and websites have been posted for the convenience of their customers.
A spokesperson from Sunbeam in New York City could not be reached for comment but a Manhattan Product Liability Lawyer said they are busy taking phone calls from consumers and are likely managing the various complaints posted on their company website.

Continue reading "Sunbeam Products Inc. recalls 159,000 wine bottle openers this week" »

Evidence is one of the keys to all cases but especially in product liability cases. People are often injured as a result of a product being defective. Therefore, it is imperative to secure the product and keep it in as close to the exact condition it was when the accident happened. Take pictures of it and the injury as well. If the article is under someone else's control do what you can to protect it. There have been incidents of people attempting to purchase the defective item in order to eliminate it as evidence.

If it is a machine that caused your injury, find out who installed it, conducted the maintenance on it, as well as get the instruction manuels and or packing that the machine was delievered in. If you were involved ina slip and fall, keep the shoes you were wearing and try to find the material that caused the slip.If there are witness to the accident try as best you can to get names and addresses so they can be contacted later by your NewYork Injury Lawyer. Your lawyer will try and get their statements, which also can be used as evidence.

Never create evidence for the defendant's Sometimes after a slip and fall owners or managers of the property where the injury happened will ask you to sign an injury report. As a general rule don't sign anything! Tell them to forward all documents to your New York Injury Lawyer so it can be properly reviewed. You don't want them to use your statement against you when you are at your most vulnerable.

Paper and reports can also be evidence: Credit card slips, medical information, product directions, accident reports, just to name a few types, can all be submitted as evidence to wina case. Take everyting you collected to a New York Injur Lawyer as as quickly was your can so it can be preserved and inventoried for your case..

Continue reading "A New York Injury Lawyer Says Save Evidence For Products Liablility Cases as well as Slip and Falls." »

* Contact our firm immediately.

* SAVE THE DEFECTIVE PRODUCT! Also, do not alter or tamper with the product because this could make it difficult to prove your case.

* Save everything related to the defective product, including the sales receipt, instructions, warnings, and accessories.

* Photograph or videotape the product at the scene of the injury or as soon after as possible.

Continue reading "If you are injured by a defective product...Contact a Personal Injury Lawyer" »

Although Christmas is still months away, it is never too early for parents to be thinking about toy safety. Given the number of toys the average child has, concerns regarding toy safety should never be far from mind.

* Before allowing your children to purchase a toy or giving a toy as a gift, you should read any warning labels. These labels usually carry recommendations about the minimum appropriate age for a given toy. The labels also tell what precautions should be taken when using the toy. Make sure to follow these recommendations.

* Use your own good sense. For example, bicycles are associated with 300 deaths and 400,000 injuries to children under the age of 15 every year. However, the danger of injury can be greatly lessened if parents simply require their children to wear a helmet. If an injury still results then hire a New York Personal Injury Lawyer

Continue reading "How Safe are the Toys Your Kids Play With? " »