Syracuse Personal Injury Law Blog

Family of injured child reach $30 million settlement

Published on: March 8, 2016 | By Jeff DeFrancisco

We hear about a lot of different types of medical malpractice cases but the stories that are often the hardest to hear about are those involving children. As parents, we will often trust medical professionals in terms of their treatment recommendations when our children are facing serious medical problems. We want what is best for our children and hope experienced medical professionals can help our family.

A case involving a toddler has recently reached a settlement of $30 million to be paid to the family. The toddler apparently suffered a catastrophic brain injury due to surgical complications. The child reportedly underwent around 25 experimental surgeries after he was born with a leak in his esophagus in 2009.

The last surgery performed on the child was in 2011 and involved using a suturing device. That device severed the child’s pulmonary artery. The child currently deals with cerebral palsy and an irreversible brain injury. Other surgeries performed involved the use of a stent to fix the leak. The family’s attorney says the doctor who performed the surgeries deviated from the acceptable standard of care and was medically careless.

Child seat safety laws in New York

Published on: March 8, 2016 | By Jeff DeFrancisco

New York, like every state across our country, has specific car seat laws. These laws are put in place in order to protect children who are traveling in vehicles. Children have fragile necks and spinal cords and need extra support and protection in the case of an accident. Just a seatbelt alone is not adequate enough to keep a child safe.

In New York, the laws are very specific:

-Children who are under 4 years old and weigh less than 40lbs must be buckled into a restraint system.

Self-driving cars: where does the liability lie?

Published on: March 7, 2016 | By Jeff DeFrancisco

Here’s an interesting topic to consider: self-driving cars. It may seem like a concept out of a futuristic movie, but as many of us know, it’s something that is quickly becoming a reality. It may not be commonplace to see a self-driving car right now, but they are out there.

These types of cars definitely change the liability playing field a bit. Once these types of cars become more common, who would be liable for an accident? Would it be more difficult to find fault or perhaps a lot easier since the cars’ movements are determined by sensors and a computer? If a self-driving car causes an accident, can we sue the driver or the maker of the car?

Google is at the forefront of these types of cars. They have quite a few cars out on the streets being tested. Currently there are two dozen Lexus SUVs out on the roads that have cameras and sensors on them. Although these cars have been involved in a handful of accidents, most of them involved the Google car being rear-ended. And it doesn’t appear that any serious injuries were involved.

Pistachios recalled due to possible salmonella contamination

Published on: February 26, 2016 | By Jeff DeFrancisco

In our last post of the week concentrating on the topic of recalls, we discuss the very dangerous threat of food contamination. When we think about food recalls we often think about foods that are easily contaminated such as raw meats or products that need to be refrigerated. The scary thing is that just about any food that is distributed nationally or even locally carries a risk for some sort of contamination. While some contaminations may be low-risk, others can have deadly effects. For this reason, the Food and Drug Administration does not mess around, and as soon as they learn about a possible contamination, they do their best to alert the public in an urgent fashion.

Recently, the FDA announced a voluntary recall of raw pistachios from a specific company. The recall was issued by International Foodsource, LLC on four separate products that all contain pistachios. Thankfully no illnesses have been reported due to the contamination as of the second week of February but as we all know, sometimes it takes quite a bit of time for an illness to be linked to a specific food contamination.

The product apparently poses a possible salmonella risk. Laboratory analysis found the presence of salmonella in a five-ounce bag of one of the four products being recalled. While healthy adults may be able to get through salmonella poisoning with just stomach pains and diarrhea, this type of poisoning poses a great threat to children, the elderly and anyone who is frail or has a weak immune system. That covers a very large percentage of our population.

Hoverboard drama continues: may be seized or recalled

Published on: February 24, 2016 | By Jeff DeFrancisco

In our last post we started a discussion on recalls. The www.recalls.gov website is a great place to start if you are curious about what recalls are out there. Although the site exists, the big problem is that consumers can’t constantly be hovering on the site waiting for the next dangerous product to pop up on the screen. If you think about it, we buy tons of new products every week, from grocery items to articles of clothing to gasoline. Any product that a consumer can buy has a potential of being dangerous. There’s no way for consumers to constantly know if one of the products they bought over the last decade may eventually harm them.

Recently a huge issue has come up in regards to hoverboards. These boards, which are self-balancing scooters, were really popular over Christmas. They made it under the tree in many homes in New York and across the nation.

Unfortunately, as reported by the U.S. Consumer Product Safety Commission, these hoverboards have been linked to as many as 52 fires so far. The boards have caused more than $2 million in property damage. They have even destroyed two homes.

Where can I find information about recalls?

Published on: February 23, 2016 | By Jeff DeFrancisco

This week we will be taking a deeper look at defective products and how the government issues recalls. We often hear about products being recalled from news reports either online or during a television broadcast. Some of our readers may wonder if there is one place they can go to find out about all possible recalls that could affect them.

There actually is a convenient place to find out what products are considered hazardous, unsafe or defective. The site is called www.recalls.gov. The site came to be as a group effort between six different agencies: the United States Department of Agriculture, the U.S. Food and Drug Administration, the United States Environmental Protection Agency, the United States Consumer Product Safety Commission, the United States Coast Guard, and the National Highway Traffic Safety Administration.

The site lists recalls in various categories including cosmetics, environmental products, food, medicine, motor vehicles, boats and consumer products. The site will help you figure out what the most recent recalls are and who to contact regarding the recall.

What does a misdiagnosis look like?

Published on: February 19, 2016 | By Jeff DeFrancisco

We often talk about cases where someone was misdiagnosed by a medical professional. These cases can be extremely stressful because the victim may not be able to treat a condition properly if they do not know the facts. This situation can happen in many different ways.

For some people, it may be that the medical professional diagnosed them with the wrong ailment, causing them to put money and energy into treating the wrong condition. For others, the main issue may be that the doctor dismissed the patient’s concerns and told them there was no ailment in the first place. This can often happen if the proper medical tests are not ordered and the patient is not properly examined.

Finally, an individual may actually be diagnosed with a very serious condition that they do not actually have. Imagine being told that you have cancer and then later getting a second opinion just to find out that you are actually cancer-free. It seems unlikely, but it has happened before.

Woman misdiagnosed with MS filed negligence claim

Published on: February 19, 2016 | By Jeff DeFrancisco

In our last post we started a discussion on the different types of cases that may involve misdiagnosis. While a small misdiagnosis may be temporarily inconvenient and may cause some serious frustration, if an individual lives out their life not treating the proper condition, it can be devastating.

As an example we can discuss a story that comes from abroad. Back in 1972 a woman was pregnant and started feeling weakness down her left side. The following year the woman was diagnosed with multiple sclerosis.

According to the Mayo Clinic website, multiple sclerosis (or MS) is a disease that affects the spinal cord and brain. Basically a person’s own immune system attacks a protective sheath in the body that causes communication issues between the brain and the body. Over time the condition can cause nerves to deteriorate and they may become permanently damaged. There is no cure for the condition, although there are some treatments that may help manage the symptoms.

Slip-and-fall accidents can happen year-round

Published on: February 12, 2016 | By Jeff DeFrancisco

When a snowstorm hits, many people take cover until it passes. Sometimes it’s the best option in order to avoid injuries due to slippery roads and sidewalks. Once the snowstorm subsides, the city works hard to clear the roads and sidewalks so that people can start commuting without a fear of being injured.

While we may sit around and wait for the city to do its job, it’s important for private entities to do their job as well. A company cannot rely on the city to clean its private parking lots or the sidewalks leading up to their property. Unfortunately, all too often, companies neglect to follow through on their duty to keep their property safe, leading to injuries.

And while the winter season can be notorious for slip-and-fall accidents, these types of accidents can happen during any time of the year. There may be various hazards that can cause someone to fall, such as spilled food, leaking water, unsecure rugs, and poorly maintained stairs.

Consumers say hair care product causes hair loss, file lawsuit

Published on: February 11, 2016 | By Jeff DeFrancisco

Although most New York residents would hope that various industries are regulated in order to make sure a bad product does not injure consumers, that is simply not always the case. Take, for example, beauty products. Such products that do not make medical claims or contain drugs are not really regulated by the Food and Drug Administration. Nor can the administration force them to reveal results of their testing or make them recall a product. Unfortunately, some products end up slipping through the cracks and injuring many individuals.

Currently, there is a class action lawsuit filed against the company that sells the hair care product called Wen. Some 200 women have joined the lawsuit and there have reportedly been some 17,000 complaints sent to the company regarding their cleansing conditioner and other Wen products.

According to news reports, the product is apparently causing hair loss for many individuals who use it. Some women experience large clumps of hair loss ending up with small bald spots. The company claims there is no scientific proof that their product is causing any problem.