While it is not necessarily unusual for pharmaceutical companies to put profits above all else, the fact that this company apparently knowingly put dangerous drugs on the market is very disturbing. Medication that fails to meet certain standards can cause serious injuries, and even death.
]]> According to a news report, the drug company has agreed to pay $500 million in civil and criminal fines to settle the allegations related to drug safety. It has been reported that this is the largest settlement ever reached with a generic drug maker regarding safety issues.
The allegations against this company involved a number of drugs that it produced, not only the generic Lipitor. In fact, in 2008 the Food & Drug Administration went as far as to ban imports of 30 medications made in two of this company's plants in India. Additional bans and various legal actions followed.
This large-scale case is a reminder of the important responsibilities that drug makers have. When people are harmed by dangerous medications, the results can be catastrophic. It is often possible to hold pharmaceutical companies liable and accountable in such cases. Those who have been harmed by a potentially dangerous or defective prescription or non-prescription drug may wish to seek legal counsel to learn about their rights.
Source: CNN Money, “Maker of generic Lipitor pleads guilty to selling ‘adulterated drugs,’” Katherine Eban, May 13, 2013
]]>That case involves a 27-year-old lawyer who died a few months after undergoing lap-band surgery at the clinic in 2009. A wrongful death claim filed in that case states that a pre-operative test revealed a condition that should have been addressed by the medical staff at the clinic prior to the surgery.
]]> In addition to this wrongful death lawsuit, it appears the clinic has been under fire in the past. Three years ago, three patients died following procedures there prompting an investigation by New York authorities. One of those women was the New York lawyer mentioned above.Lap-band surgery is a type of gastric band surgery that is less invasive than other forms. It involves a surgeon making a few incisions in the abdomen, and then using thin instruments to encircle the patient's stomach with a titanium and silicone band.
At the time that the investigation began, Christie's surgeon and his wife, who is also a surgeon, were reportedly subject to six medical malpractice claims.
Reporters from the Courier-Post were not able to obtain information from the New York Department of Health regarding the results of its investigation. The news report also does not contain additional information about the medical malpractice allegations against these surgeons or the clinic.
While we do not know enough about these specific cases to comment on their merit, when patients are injured due to the negligent actions of medical professionals, they may file medical malpractice claims to hold them responsible and liable for related costs. In the case of a fatal medical error, the patient's loved ones may wish to file a wrongful death lawsuit. This can result in compensation for funeral expenses, lost income and pain and suffering.
It is important to note that medical malpractice is not always synonymous with a poor medical result. In order for a bad result to be considered related to medical malpractice in New York, it must be proven that a doctor or medical care provider deviated from the accepted standards of medical care.
Source: courierpostonline.com, "Christie doc sued, lap-band clinic probed over woman's death," Bob Jordan, May 8, 2013
]]>A lot of parents in New York probably think that their teen does not drink alcohol or use drugs, and that if they do they certainly would not do so while driving, but the group Students Against Destructive Decisions recently found that a very large number of teens are driving under the influence.
]]> According to the survey, which was also sponsored by Liberty Mutual, of the 1,708 11th and 12th grade students polled, 23 percent admitted that they have either driven while drunk or under the influence of drugs. While that seems pretty bad, it may be even worse that a great number of teens do not even consider those decisions to be mistakes. Twenty percent of teenage drivers said that they believe alcohol improves their driving; 34 percent said that marijuana improves their driving.Parents should note that the survey found that teens are most likely to drink during unsupervised events, such as the Fourth of July or summer parties, rather than during events such as proms.
SADD's senior advisor has suggested that part of the problem may be that parents are not talking to their children enough about the dangers of drinking and driving. Parents may think that their children hear the message "don't drink and drive" all the time, but in fact many teenagers still feel very much invincible.
The risks of drunk or impaired driving are very dire. Not only can a teenager injure or kill him- or herself and his or her passengers, but also anyone else on or near the roads. It is important to prevent drunk driving here in the Albany area because the results are often catastrophic for victims.
Source: USA Today, "Survey: Nearly a quarter of teens drive while impaired," Larry Copeland, April 25, 2013
]]>Just earlier this month, a young man was killed in Ballston, New York, while installing a gas line on East Line Road and state Route 67. Apparently, a one ton pipe fell on top of the contractor while the pipe was in the process of being unloaded from a truck at the construction site. The 24-year-old contractor was taken from the scene to the Saratoga Hospital where he was later pronounced dead.
]]> The man was reportedly working as a subcontractor for a National Grid gas line project. He was an employee of a Massachusetts company.The fatal construction accident is under investigation by the New York State Police, the National Grid Internal Audit Team, the Occupational Health and Safety Administration and the Public Service Commission. According to an initial investigation, the victim was assisting to unload the pipe from the tractor-trailer at the time of the accident. He was reportedly holding onto a guiding rope while the pipe was being lifted by an excavator with hooks and steel cables; investigators think that the pipe shifted, causing one of the hooks to dislodge, allowing it to fall.
After any construction site injury or death, it is important that a complete investigation is done in order to learn why the accident happened and whether it could have been prevented. When property owners or general contractors and subcontractors fail to meet safety regulations and provide safe workplaces for their workers, they can be held liable for any accidents that ensue.
In the case of a fatal accident, the surviving family members may be able to recover compensation for funeral expenses, a lost source of income and the other costs associated with such a tragedy.
Source: The Saratogian, "Ballston construction site accident kills 24-year-old," April 14, 2013
]]>Google currently is testing driverless vehicles, and the company hopes to have the vehicles on the market in three to five years, according to USA Today. Many other automakers have already added semi-autonomous features to cars, and some are also developing completely autonomous cars. Industry experts have predicted that it will be about 20 years or so before a completely driverless car is actually available for use.
]]> Many people do have their fears when it comes to driverless cars. Some are worried about whether it is possible for the technology to fail and for accidents to occur, and if this does happen, who should be held responsible?According to Michigan's Governor Rick Snyder, who is hoping to allow autonomous vehicles on his state's roads for testing, autonomous vehicles do still actually need to have a human driver ready to grab the wheel should it become necessary. That might make it even more confusing to know what party is liable for accidents caused by these vehicles.
If autonomous vehicles are going to be the way of the future, it will definitely be important for lawmakers to look into some of these issues. With today's vehicles, when a car accident results in injuries, negligent drivers can be held responsible for any medical expenses, lost wages and other costs of such an accident.
Source: USA Today, "Governor wants Michigan to approve driverless cars," April 15, 2013
]]>Super-absorbent polymer balls have been banned in several countries, and multiple injuries and even one death have been linked to the toys in countries other than the U.S. Here in the U.S., one brand of this type of toy has been recalled after a baby was injured, but several other similar and potentially dangerous toys are still on the market.
]]> Water Balz toys by Dunecraft were recalled in late 2012 after an 8-month-old girl swallowed one and had to be rushed to the hospital. By the time doctors were able to remove the toy from her intestine it had swelled to a diameter of about 1 ½ inches.Doctors said that if the baby had not received medical care in time, she could have sustained a serious and possibly fatal infection.
While Water Balz are now off of the market, a similar toy called Orbeez is on the shelves at toy stores and Consumer Reports is now investigating that product.
Orbeez are smaller than Water Balz, but Consumer Reports has reported that they are still hazardous. They reportedly look like candy or gum, which might entice young children to swallow them, and in the matter of only a few hours they can expand enough to block the airway or intestine of a small child.
Oddly, the packaging of Orbeez apparently says on the front that the toys are not suitable for children under 3, and on the back that the toys are not meant for children under 5.
Even when packages contain warnings, companies can still sometimes be held liable when their products injure consumers. Products generally need to be safe not only for their intended use, but also for their likely use. Those whose children are injured by toys may be wise to seek legal guidance to learn how to obtain compensation and hold the company accountable for selling a dangerous product.
Source: WSBT-TV, "Toy balls caution," Rick Schutt, April 10, 2013
Up until recently, the main thing that parents could do to make sure that their teenagers were safe drivers was to encourage them to take driver's training seriously, and to talk to them about the risks of speeding, drunk driving and distracted driving, etc., as well as lay down household rules related to driving. Parents are now able to have a little extra help when it comes to keeping teenage drivers safe.
]]> New technology, including dashboard cameras, is available for parents who actually want their teenage children to be monitored while they are driving. Families can install Drivecams into their vehicles that activate when a driver does something unsafe, such as speeding. The camera footage is viewed by the Drivecam company, which then reports to the teenager driver's parents about how the teen can improve his or her driving. Simply knowing that the cameras are in cars is also meant to encourage teens to drive safely.Although this service is costly, it has been reported that some insurance companies may begin offering them for free.
Another type of technology that some New York state residents may be using is called Geofencing, and this comes installed in some new vehicles. This technology tells parents when a vehicle is speeding or when it goes outside of a certain area; parents can also go to a website where they can see exactly where the car is.
Whichever method parents decide to use to encourage their teens to drive safely is up to them, but it is important to do something to make sure teens are responsible drivers. When teenagers, or any drivers, fail to drive safely they risk critically injuring themselves as well as anyone else near them.
Source: CBS New York, "New Technology Could Help Teens Stay Safe Behind The Wheel," April 4, 2013
But is the amount of the fine really sufficient to truly discourage the risky behavior? In New York, for example, state law bans the use of handheld cellphones for all drivers. Texting while driving is also banned. Under legislation passed in 2011, the fine for violating either one of these bans is $150, plus 2 driver penalty points against a driver's license.
]]> In this context, when a distracted driving accident can kill or seriously injure other people at any time, $150 does not seem like a lot of money. It is fair to ask whether it should be higher, or whether other sanctions against violators should also be used.Meanwhile, distracted driving accidents keep happening. According to the National Safety Council, the number of car accidents that have occurred already this year in which distracted driving was a factor is more than 176,000. Nationally, that translates into a distracted driving about every 24 seconds in which a mobile device played a role in interfering with a driver's attention.
Many of these crashes are fatal. In both 2010 and 2011, distracted driving crashes claimed more than 3,000 American lives.
Of course, it isn't only the relative weakness of distracted driving laws that is of concern. Far too many drivers continue to fail in their individual responsibility to drive safety. So both individuals and society must look in the mirror for more effective safety solutions to bring the toll of distracted driving accidents down.
Source: "Distracted Driving: The High Price of Texting While Behind the Wheel," LongIsland.com, Robert Ottone, 2-20-13
Our firm handles situations similar to those discussed in this post. To learn more about our practice, please visit our motor vehicle accidents page.
]]>Most people in their right minds will not make the mistake to drive the wrong way down a highway. Of course, people who have had too much to drink are not in their right minds. A new study by the National Transportation Safety Board (NTSB) has found that 69 percent of all wrong-way accidents studied were caused by drunk drivers and nearly 59 percent were caused by drivers whose blood alcohol concentrations (BACs) were more than twice the legal limit.
]]> Some drivers even thought they were going the right way. Others turned into the wrong lane of traffic and could not turn around in time. Most wrong-way accidents occurred on the highway, usually in the fast lane.What these statistics tell us is that almost all wrong-way accidents are the result of bad decisions.
Drunk driving continues to be a serious problem in the United States. In fact, more than 31 percent of all traffic fatalities in 2010 (32,000 total) were caused by drunk driving. Unfortunately, the statistics do not seem to reach many people, since, according to the NHTSA, more than eight percent of Americans admit to driving drunk. Imagine how many potential fatalities that is!
There are some recourses for victims injured by drunk driving. A drunk driver may lose his or her license, end up in jail and pay hefty fines. He or she can also face a drunk driving lawsuit and hundreds of thousands of dollars in damages, including punitive damages. Yet, while victims' families can breathe easier knowing their damages will be covered, no amount of money can bring a loved one back.
Please, give your friend your car keys or call a cab if you plan on drinking.
Learn more about drunk driving lawsuits by visiting our page on drunk driving accidents.
Source: SCNow.com, "Wrong-way driving crashes claim hundreds of lives," Associated Press, Dec. 11, 2012
]]>Earlier this month, two teenagers were injured in an Albany car accident. Two of their friends did not survive. Other friends began Twitter campaigns that, to their surprise, trended nationally. One was #TebowCallMatt. The other: #MissyCallBailey. Two hours after the first tweet, New York Jets quarterback Tim Tebow called the hospital and spoke with Matt. He said that Matt "truly inspired" him. Olympic Gold Medalist Missy Franklin also left a message for Bailey.
Stories like these help us remember the good in life during our most challenging times.
]]> Yet, Matt and Bailey should never have faced those challenging times. Their pain is the result of one terrible decision that so many people make; the decision to drive drunk. Every day in the U.S., nearly 30 people die in drunk driving accidents and many more are injured. In fact, nearly one-third of all traffic fatalities are alcohol-related.Few will receive phone calls from celebrity heroes, but they may be able to find some relief by holding the drunk drivers accountable for their decisions.
Through a personal injury lawsuit, those who have been injured can recover compensation for economic damages and noneconomic damages. Economic damages are quantifiable financial damages, such as medical bills and loss of income. Noneconomic damages compensate a victim for his or her pain and suffering. In drunk driving accident cases, a drunk driver may also be ordered to pay punitive damages, which are meant to deter drunk driving behavior.
Please visit our page on drunk driving accidents to learn more.
Source: ESPN New York, "Tim Tebow calls injured teen," Rich Cimini, Dec. 5, 2012
]]>Earlier this year, the state of Tennessee reported a spike in biker deaths. According to the Tennessee Department of Safety and Homeland Security, almost 100 bikers have died as of August 2012 - up from 87 for the entire year of 2011.
In Minnesota and South Carolina, the trend is similar. The Minnesota Department of Public Safety indicates that biker deaths are on the rise as well with 47 motorcycle deaths this year, up from 42 for 2011. South Carolina officials reveal that 40 fatalities were reported this past summer - eight more than last year.
The latest statistics from the state of New York are the same. Over 5,500 total New York motorcycle accidents occurred in 2010, over 500 more than in 2009. Out of those numbers, there were 180 fatalities in 2010 and 152 in 2009.
]]> According to a May report from the Governors Highway Safety Association, the data shows that "motorcycle deaths remain one of the few areas in highway safety where progress is not being made."Some say inexperienced bikers and left-turning vehicles are the main causes of motorcycle accidents. However, others indicate that it is potentially due to milder climates experienced across the country, distracted driving and more motorcycles on the roads because of high gas prices.
It remains to be seen whether the U.S. will see warm conditions again this upcoming winter. Thus far, however, the summer months in various parts of the country, like New York, have seemingly been extended allowing bikers to enjoy the last bits of good weather.
Source: CDC, Motorcycle Crash-Related Data, 2012
]]>In general, all applicants must demonstrate a "willingness and ability to comply with applicable regulations imposed by FMCSA." Those regulations include adherence to the following standards laid out by the FMSCA: the duties of employees and employers; safety fitness requirements; accessibility requirements; and minimum financial responsibilities.
If an applicant cannot meet these standards, they will not be granted operating authority registration, and in cases where a registrant demonstrates a "willful disregard" of the rules, their authority will be revoked, suspended or amended.
]]> In making its initial determination whether to grant authority and whether to amend, revoke or suspend it, the FMCSA listed the following as factors for consideration:The FMSCA stated that it uses a six-year compliance history and that all available information will be taken into consideration when making its determinations. Factors considered in evaluation include: state and federal records; complaints by private individuals filed with the FMCSA against carriers; and mitigating circumstances related to the applicant's conduct.
Candidates that intentionally provide false or misleading documentation and those who fail to disclose all relevant information will not be granted registration. Further, the FMSCA stressed that it will deny authority to commercial carriers who attempt to "reincarnate" their businesses by creating a new identity or related affiliate in order to hide a previous suspension or revocation of registration.
Applicants who have had their registration revoked or suspended and those who have been the subject or more than one "unfit safety fitness determination or imminent hazard out-of-service order" will face a higher level of scrutiny and burden in reviving their authority to operate.
Hopefully the new guidelines will help reduce the risk of truck accidents that occur all across the country.
Source: truckinginfo.com, "FMCSA Spells Out Policy on Applications," 8/15/2012
]]>The Bumbo is a comfortable sitting chair made of a foam material intended to cradle babies that are still too young to hold themselves up. But, there have been reports that babies are able to wiggle out of the seat. Many have fallen and sustained head injuries.
]]> Bumbo International Trust, the product manufacturer, first issued a recall in 2007 and placed a warning label against using the product on a surface other than the floor. However, since then, incidents of babies sustaining skull fractures from falling out of the Bumbo while being used even on the floor have been reported.As a result, the makers of the Bumbo have recalled about four million seats. They are offering consumers a repair kit, consisting of a restraint belt and an enhanced warning label. Parents are encouraged to order the repair kit instead of returning the product to the retail outlet where it was purchased. The kit can be ordered at www.recall.BumboUSA.com.
Source: Kare11, Popular Bumbo infant floor seat recalled, Aug 15, 2012
]]>According to the National Transportation Safety Board, the bus was returning overnight to Manhattan's Chinatown after a trip from Connecticut last year. The bus crashed into a guardrail on I-95 near the Bronx, rolled over and ran into a signpost that sliced through the roof of the bus. The crash killed 15 passengers and injured 7 including the bus driver.
]]> The NTSB revealed that "sleep-deprived driver's fatigue" was the main cause of the accident. Cellphone records and car rental information showed that it was very probable the driver was not getting the requisite sleep needed prior to driving back.Soon after the accident, federal officials shutdown 26 bus companies that operated out of Manhattan's Chinatown after discovering that many weren't following required safety regulations and protocols.
The safety board has since made several recommendations to improve bus safety including limiting the speed of passenger buses and an applicant's 10 year driving history.
Source: The New York Times, Driver Fatigue and Speed Caused Fatal Bus Crash, Investigators Say, Patrick McGeehan, June 5, 2012
]]>As part of the study, paralyzed rats learned to walk and run after following a physical therapy regimen that included electrical and chemical stimulation of their injured spinal columns. Because of the therapy, the rats' brains were able to sync up with their limbs, essentially teaching them how to walk again. According to the scientists, this process is akin to the process used by infants who have to learn how to crawl, stand and then walk.
]]> In the next couple of years, scientists are hoping to conduct these tests on humans and are optimistic about its ability to assist those with spinal cord injuries. While the treatment may not be a cure, it could improve the lives of many of those dealing with spinal cord injuries.There are approximately 250,000 Americans who live with spinal cord injuries and the majority of them are paraplegic. And many are injured as a result of auto accidents caused by negligent drivers.
Fortunately, victims can seek to recover compensation to pay for medical expenses, lost wages and even pain and suffering.
Source: The Star Tribune, "A Tiny Step of Hope for Spinal Cord Injuries," Melissa Healy, June 3, 2012
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