|

Last week, a federal advisory panel of the Food & Drug Administration (FDA) voted 20-17 to recommend a ban of Percocet and Vicodin, two very popular painkillers, due to their damaging effects on the liver. Percocet, also known as Oxycodone, and Vicodin, another name for Hydrocodone, are controlled substances due to their addictive nature, and combine a narcotic with high dosages of acetaminophen, a painkiller found in such medications as Excedrin, Tylenol and Nyquil.

Acetaminophen is combined with different narcotics in at least 7 other prescription drugs, and each of these drugs would be banned if the FDA takes the advice of its panel. Vicodin is prescribed more than 100 million times per year in the United States, according to the study, and patients who take these potentially dangerous drugs often need progressively larger doses to obtain the same pain relief.

In 2005, Americans bought 28 billion doses of products containing acetaminophen. Although it is effective in treating headaches and reducing fevers, even recommended doses can cause liver damage. More than 400 people die and 42,000 are hospitalized in the U.S. every year from overdoses according to the panel. One panel member, an associate professor of medicine from Duke University Medical Center, noted that: “We’re here because there are inadvertent overdoses [of acetaminophen] which are fatal, and this is our opportunity to have a big impact.”

Continue reading ›

|

When you have been injured in a New York car crash, you will be contacted by two insurance companies–your own, and the carrier for the car that hit you. As will be described below, the simple rule is: cooperate with your insurance company, and hang up on the other driver’s representative. In New York, your medical, hospital, and miscellaneous bills and expenses are paid through your own No-Fault insurance coverage. Therefore, you must cooperate in every way with your own insurance company to ensure that your bills are paid, lost wages compensated, and other expenses such as property damage are paid for.

However, soon after the New York car accident, you will invariably hear from the other driver’s insurance representative. Under the guise of simply “wanting to know how you are doing”, this insurance representative will request that you provide a written or recorded statement regarding the accident, and what measures you took to avoid the accident. YOU MUST NOT COOPERATE. Remember that these insurance adjusters are trained to ask you leading, misleading or confusing questions with the goal of attributing some or all of the fault of the accident to you. Their hope is to obtain a damaging statement from you before you have had the opportunity to speak with a lawyer who would obviously advise you against providing the other driver’s insurance company with anything. Sometimes, these adjusters will attempt to visit you with a release and small settlement check in hand, to try to get a settlement before you have met with a lawyer. Bottom line–when the other company calls, tell them you are meeting with your attorney, and hang up the phone. Don’t say anything, don’t write anything, and whatever you do, DO NOT SIGN ANYTHING.

If you or a loved one is injured in a car accident, or any other type of accident, contact the personal injury lawyers at The Law Office Of Mark A. Siesel online or toll free at 888-761-7633 for a free consultation with an experienced, aggressive and knowledgeable advocate who will fight to obtain the maximum possible compensation for your injuries.

|

In a national written driving test sponsored by GMAC Insurance, New York drivers scored lower than any other state in the nation this year, according to the company. New Jersey drivers scored the lowest last year. The test consists of 20 questions about driving rules that are uniform across the U.S. New York drivers averaged 70.5%, passing the test, but barely. Conversely, Idaho and Wisconsin drivers tied for first place with average scores of 80.6%.

However, a spokesman for the Department of Motor Vehicles, NYDMV noted that there are substantially fewer fatal car accidents in New York per capita than in Idaho or Wisconsin, where drivers scored the best on the written driving tests. The New York DMV suggests that drivers go to the DMV website for information on defensive driving classes which can reduce points on your license and lower insurance payments.

To try out the written test yourself, go to the GMAC test page. For the record, I took the test and got an 80%, meaning that I missed 4 questions out of the 20. I must say that I was surprised to learn that you are permitted to pass on the right (obviously, everybody does it but I did not know it was legal) when traveling on a multi-lane highway carrying two or more lanes of traffic in the same direction–just shows that you can always learn something new!

Continue reading ›

|

When you are injured in a New York car crash, here are ten things that you should do:

1. Make sure to call the police. The other driver may ask you to “work it out between us”, but that is always a bad idea, and will certainly hurt your prospects for a settlement with the other driver’s insurance company if the accident was not reported.

2. Report all injuries to the investigating officer. Frequently, new clients come to our White Plains, New York office with a police report which states that “no injuries” were reported by either driver in the car accident. Insurance companies always refer to this in settlement negotiations, so don’t let this happen to you.

3. Go to the hospital immediately and make sure that all of your injuries are noted by the triage nurse at the hospital.

4. If at all possible, get the names, addresses and phone numbers of any witnesses. Once you are taken for medical treatment, this information is very often lost forever and this can be absolutely vital to the success of your case.

5. Document the accident scene, the location of the vehicles, accident debris, the damage to your car, and any visible injuries with photographs. If you don’t have a camera, use your cell phone if you can. This cannot be emphasized enough.

6. Treat immediately for your injuries to avoid insurance company claims that your injuries were not from the New York car accident.

7. Don’t speak with the other driver’s insurance company, and don’t sign any papers or fill out any reports for the other insurance company.

8. Obtain the police report right away and if the other driver hasn’t reported the accident, you or your lawyer must do so right away to preserve your rights.

9. Make sure you report the accident to your own insurance company to ensure that your no-fault coverage, which will pay for your medical treatment and lost wages, is immediately in effect.

10. Contact a New York personal injury lawyer immediately to represent you throughout the process, which is designed with many filing deadlines which must be met to protect your legal rights and insurance coverage.

Continue reading ›

|

The family of the late Jon-Kely Cassara, a seven year old boy who died on the Ye Old Mill ride at Playland Park on August 3, 2005, settled this New York dangerous premises case for $1.25 million on March 23, 2009. The Westchester fatal accident occurred when Jon-Kely got out of his boat and fell in a dark tunnel, apparently getting stuck under the ride apparatus and drowning. The settlement offer was made by Westchester County after the devastating testimony of former Playland director Joseph Montalto, the first and only witness to testify. Montalto testified that he would not have allowed Jon-Kely on the ride if he had known that there were insufficiently trained workers on the ride that day.

The settlement must be approved by the Westchester County Board of Legislators, which was scheduled to vote on the settlement this week. It is expected that the Board will vote to approve the settlement; if not, the case would have to be retried, with the seven year old victim’s family and lawyer determined to obtain a verdict on the heels of that vital testimony by Mr. Montalto.

Jon-Kely’s death was the third at Rye Playland in the last five years. On May 22, 2004, 7 year old Stephanie Dieudonne, was thrown from the Mind Scrambler ride and killed. Three years later, 21 year old park employee Gabriela Garin was also killed on the Mind Scrambler, which has since been removed from the park.

Continue reading ›

|

In a great decision for victims of dangerous drugs throughout the United States, on March 4, 2009 the Supreme Court upheld a Vermont state court decision awarding 6.7 million to a woman who suffered permanent injuries from an anti-nausea drug. The case involved a Vermont resident who developed gangrene after a botched injection of the drug, which tragically resulted in the amputation of her hand and lower arm. The tragedy was compounded by the fact that the plaintiff was a musician, and lost her livelihood due to her injuries.

The physician’s assistant who performed the injection used a highly risky intravenous push technique, which allowed the drug to enter an artery, rather than the intravenous drip technique, the much safer method in which the drug is injected into liquid already flowing into a vein. Allowing the drug to enter the artery causes immediate and irreversible gangrene. Wyeth’s lawyers requested that the Supreme Court set aside the verdict, attempting to rely on the fact that they had complied with FDA labeling requirements. (In a case last year against medical device manufacturers of heart defibrillators, stents, and artificial hips, the Court had ruled that federal law and FDA scrutiny prevented product liability lawsuits in state courts). However, in a decision written by Justice John Paul Stevens, the elder statesman and most liberal member of the Supreme Court, the justices determined that Wyeth’s warnings were insufficient and should have made abundantly clear the dangers of serious injury if the drug was injected improperly.

The decision to allow state damage suits will undoubtedly cause manufacturers to use greater care in the production and labeling of their products. We would also expect a revisiting of last year’s decision protecting device makers, which seems somewhat inconsistent with the Court’s welcome decision protecting the public this week.

Continue reading ›

|

The tobacco giant Phillip Morris was ordered to pay 8 million dollars this week to Florida widow Elaine Hess, whose late husband Stuart Hess died of lung cancer at age 55 in 1997. A jury in Fort Lauderdale awarded compensatory damages of 3 dollars and a whopping 5 million dollars in punitive damages, obviously convinced that Philip Morris knew that the cigarettes they marketed and sold are a dangerous product but that the company was more concerned about profit than safety.

Philip Morris USA announced that they would appeal the verdict, certainly to be expected after a major verdict against the tobacco giant in the first of what will likely be thousands of cases in Florida. Back in 2006, the Florida Supreme Court threw out a 145 billion dollar jury award in a dangerous product class action suit filed in the early 1990’s on behalf of 8,000 sick smokers. Undoubtedly, the Hess verdict will encourage the families of those 8,000 smokers to pursue their cases as well.

Compensatory damages are awarded for injuries including pain and suffering, lost earnings, loss of enjoyment of life, and medical bills. These type of awards are more likely to be upheld by an appellate court. Conversely, punitive damages, which as the name suggests, are imposed to “punish” the defendant for intentional or malicious conduct, are frequently either reversed or substantially reduced by higher courts on appeal.

Continue reading ›

|

You have been involved in a New York car accident, or a slip and fall accident, or you have been the victim of a defective product in New York. You hire a lawyer, who commences a lawsuit on your behalf when the insurance company won’t make a fair offer to settle your case. Approximately 45 days after your deposition, during which you are asked questions under oath by the defendant’s lawyer about your accident and injuries, you will be required to attend what is commonly known as an “IME.” (Independent Medical Examination). This name is in actuality quite laughable, as there is nothing at all “independent” about the examination. It is scheduled by the insurance company lawyer with an orthopedist, neurologist or other doctor who is known for giving opinions that minimize injuries as slight and not permanent, (or that you can return to work) despite your treating doctor’s opinion otherwise. The insurance company doctor will then give trial testimony as to your supposed miraculous recovery for a fee, usually in the range of $7,500 to $10,000 for a few hours in Court!

At The Law Office Of Mark A. Siesel in White Plains, New York, we take these “IME’s” very seriously, and instruct our clients exactly how to approach them so as to limit any potential damage to their case by the insurance company doctor’s opinion. First, make sure that you have your watch with you, and something to take some notes at the conclusion of the examination. Here are the instructions to our clients:

1. When you are presented pages of an intake form requesting personal information such as your social security number and home address (totally for the doctor’s convenience and with no benefit to you) write your name, age and injuries you suffered, and nothing else, and hand the form back to the receptionist;
2. Remember that this is not your doctor, and that his or her main purpose is to be able to write a report and testify in Court that you are either fully recovered, are not in any way disabled, and can return to work if you are not working. Thus, it is critical that when the doctor requests that you do certain tasks, such as walk on your toes or heels, touch your toes, lift your legs to a 90 degree angle from a sitting position or bend in some awkward way (all for the purpose of testifying that you have “normal range of motion”), YOU MUST STOP THE DOCTOR WHEN WHAT HE OR SHE IS DOING IS HURTING YOU! Take control of the exam in a firm fashion and let the doctor know that you do not want to reinjure your back, neck or other part of your body by the examination;

3. The doctor is entitled to ask you about your injuries, past related injuries, treatment you are undergoing and medications you are taking for your pain. If he or she begins asking questions such as what color the traffic light was, or if you were distracted when the accident happened, politely remind the doctor that he or she is supposed to be doing a medical examination, not cross examining you–that role is for the lawyers.

4. When you walk into the examination room, check your watch, and write the time down. Similarly, when the exam ends, jot down the time that it was completed. This is absolutely critical! The reason? Because these “IME’s ” are generally no more than 10 minutes, maybe 15 at the most. When we have the opportunity to cross examine this very wealthy IME doctor during your trial, imagine his or her surprise when they are confronted with the question: ‘Doctor, how could you possibly have conducted a complete examination of my client when you began the exam at 10:54 AM and she left your office at 11:03? Believe me, these insurance company doctors have no good answer for that question.

Continue reading ›

|

If you are injured in a New York car crash, a Westchester slip and fall accident, a Bronx dog bite, or Brooklyn construction accident, (among numerous other types of accidents) after you have consulted an attorney and started a lawsuit or claim, there is another possible way to resolve your case with the insurance company or defendant. Alternative Dispute Resolution, or ADR, has become a frequently used method of resolving cases.

The two basic types of dispute resolution in New York car crashes or New York slip and fall cases are mediation and arbitration. In a mediation, the two sides agree to an impartial mediator, usually a retired judge, and submit written submissions with their respective positions in the case. At the mediation, the judge listens to a brief statement from each side, then commences negotiating with both parties to try to work out a settlement. The parties are not obligated to agree to the judge’s settlement recommendation, but in my experience, approximately 75% of cases do settle when they go to mediation.

In an arbitration, the big distinction is that unlike a mediation, the judge’s decision is binding on the parties. The arbitration is similar to a mini trial, with parties questioning and cross examining witnesses, and testimony from experts such as treating doctors. Unless the judge makes a substantial error in his determination of the facts and the law, the decision in an arbitration is final. At The Law Office of Mark A. Siesel in White Plains, New York, we prefer mediation to arbitration and encourage our clients to consider mediation to resolve their case. Mediation is much faster than going to trial (often, a case can be mediated within the first year after the accident), much less costly (there is no need to have the treating doctor testify in Court, which in 2009, generally costs between $7,500 to $10,000), and the process is non-adversarial.

Continue reading ›

|

According to a study by the Network of Employers For Traffic Safety, distracted driving is a factor in 25% to 30% of all car accidents, or 4,000 car crashes every day. As hard as it is to believe, drivers make an average of 200 decisions for every mile traveled, making it all the more critical that your attention is on the road, not on that important meeting you are heading to or a cell phone call you need to make in the car. The same study found that distracted drivers fail to recognize potential safety hazards on the road and react more slowly to traffic conditions, decreasing their margin of safety.

To know if you are driving distracted, take the following test: Have you ever slammed on your brakes because you didn’t see the car in front of you stop? Run a stop sign unintentionally? Forgot entirely that you drove from one place to another? If so, you have been “driving while distracted.”

The study identified the percentages of distracting activities that drivers engage in: 96% talk to their passengers; 89% adjust vehicle climate and radio controls; 74% eat a meal or snack; 51% use a cell phone; 41% tend to children; 34% read a map; and 19% groom themselves for work.

It is certainly a given that you will be speaking with your children in the car, but I have seen people shaving, putting on makeup, reading a map, making a cell phone call with no hands on the wheel, adjusting their radio, and turning around to speak with their passengers on many occasions, and have had to avert numerous wayward drivers due to these activities.

The best advice is to eat that snack, make that call, comb your hair and get your directions before getting in the car, so we can all be safer on the roads!

Continue reading ›