Syracuse Personal Injury Law Blog

Could future surgeries be recorded?

Published on: August 27, 2015 | By Jeff DeFrancisco

The increased use of body cameras by police agencies across the United States has been a hot button issue in 2015. Some departments may see it as an expensive proposition to protect what the integrity of their work when it is not necessary, while civil rights groups believe it will level the playing field when making excessive force claims.

This new use of cameras may also find its way into the medical field in protecting doctors against medical malpractice cases. The use of cameras in surgical rooms may become mainstream as state legislatures contemplate how to procedures could be recorded and preserved.

In New York, such a law is being proposed. It is named “Raina’s Law” after 19-year old Raina Ferraro who went into cardiac arrest after the negligent application of anesthesia during a surgery.

FDA approves the use of OxyContin for young patients

Published on: August 26, 2015 | By Jeff DeFrancisco

In a prior post, we highlighted the practice, as well as the dangers of off-label marketing. For those unfamiliar with the practice, off-label marketing (or use) is when doctors prescribe medications for uses that they were not intended for, or approved of by the U.S. Food and Drug Administration. Because of the long and arduous process of gaining approval through the FDA, off-label marketing and uses has become commonplace. A prime example of a successful off-label use is Viagra, which was initially intended as a drug to lower blood pressure, but is now the most famous erectile dysfunction drug in the world.

Another example of off-label use is OxyContin for juveniles. OyxContin is a version of oxycodone, which is a powerful, opiod-based painkiller. Because OxyContin is so powerful and highly addictive, the FDA had not previously approved it for use in young people under the age of 18.

However, the drug’s manufacturer, Purdue Pharma LP, conducted clinical trials and submitted data to FDA regarding its findings on OxyContin use in young people. Essentially, since the drug has been reformatted, it is less likely for it to be abused by being crushed or dissolved so that it may be taken through the nasal passages or intravenously. As such, the FDA has approved it for young people.

What to know when buying a car – Part I

Published on: August 24, 2015 | By Jeff DeFrancisco

Labor Day weekend is known for different things depending on who you are. If you are thinking about the last summer holiday, Labor Day represents the last opportunity to get out to a vacation hotspot before fall begins. If you are a student, classes have likely started and after this holiday the only break you will get is during Thanksgiving.

If you are a car salesman, you have an incentive to sell as many 2015 models so that the 2016 models will have a place on the lot. If you are in the market for a new car, you want to take advantage of these Labor Day weekend sales. But when shopping for a new car, it is important that you know exactly what you are getting into (literally and figuratively). With that, we offer the following tips for prospective new car buyers.

Do more than just one test drive – The first 30 seconds of the test drive probably drew you into the car, and you probably loved it. This is understandable, and the salesman wants you to be impressed. But when you are making a decision that will affect you for years to come, it is important to know what you like, beyond the initial selling points.

85,000 Chrysler 200’s to be recalled

Published on: August 18, 2015 | By Jeff DeFrancisco

As we near the end of August, it is common for dealerships to advertise steep discounts for prior model year vehicles in an attempt to make room for new cars as they are introduced by automakers. This year is no different. As Chrysler dealerships make room for 2016 Chrysler 200 models, 2015 models will generate a discount, and sales of the prior model will expectedly go up.

However, the 2015 models are not without their flaws. According to recent media reports, Chrysler-Fiat will recall more than 85,000 new Chrysler 200’s because of an electrical problem that could cause the cars to stall unexpectedly. Essentially, the car could suddenly shift from drive to neutral or the engine could shut down by itself.

Chrysler-Fiat maintains that the problem was based on a supplier’s post production tests and that it will honor any repair request based on the recall. So far, the company does not know of any accidents or injuries based on the electrical defect.

Ambulance and fire truck involved in a crash

Published on: August 17, 2015 | By Jeff DeFrancisco

It is common knowledge for drivers to yield the right of way or pull over to the side of the road when an emergency vehicle approaches. This is why when police cars, ambulances and fire trucks come down the road, most cars get out of the way.

But should this rationale apply to the drivers of emergency vehicles themselves? Conventional wisdom would suggest that it would. After all, they have to follow the rules of the road just like everyone else, and they must check to see if intersections are clear and safe before passing through them.

Nevertheless, an accident involving an ambulance and a fire truck in Florida suggests that the driver of one, or both, vehicles were not paying attention. According to an ABC News.com report, the two vehicles were responding to separate emergencies but had to cross paths at an intersection. A traffic camera video showed that the ambulance crashed into a fire truck that had just crossed into the intersection.

How common is drunk driving in New York state?

Published on: August 14, 2015 | By Jeff DeFrancisco

In a perfect world, there would be no drunk driving. Unfortunately, the world we live in is far from perfect and drunk driving is something that occurs throughout the country. How common drunk driving is varies from state to state.

This can be seen in the results of a recent survey. The survey results show estimates of around how many drunk driving incidents different states have per every 1,000 people. Of the states for which the survey yielded data, the state with the highest rate (995 incidents for every 1,000 individuals) was Hawaii and the state with the lowest rate (217 incidents for every 1,000 individuals) was Utah.

What rate did the survey results show for New York state? The results indicate that, in the state, there are 372 drunk driving incidents for every 1,000 individuals. Thus, New York is closer to the lower end of the spectrum than the higher and has a lower rate than quite a few other states.

After death of children, IKEA warns consumers not to use chests and dressers

Published on: August 14, 2015 | By Jeff DeFrancisco

IKEA is currently being sued by the grieving mother of a little boy who died in February 2014 after a piece of furniture made by the manufacturer tipped over and fell on him. The suit claims that IKEA was aware of the tip-over risk but failed to provide the hardware necessary to prevent accidents.

In response, the company, along with the U.S. Consumer Product Safety Commission, has warned that people “should immediately stop using all IKEA children’s chests and dressers taller than 23 ½ inches and adult chests and dressers taller than 29 ½ inches, unless they are securely anchored to the wall.”

The CPSC also stated that another child died in June 2014 when an IKEA-made chest tipped over, trapping the 23-month-old beneath.

What could have caused an Oswego diner to catch fire?

Published on: August 13, 2015 | By Jeff DeFrancisco

City landmarks are cherished venues, and they have a knack for standing the test of time. However, sometimes landmarks can succumb to disasters; as did an iconic restaurant in Oswego. According to a Syracuse.com report, Wade’s Diner was severely damaged by a fire last night. The popular restaurant had been serving customers for more than 75 years.

The diner had opened for business on Monday morning and had closed at noon. When firefighters responded, they had to cut a hole in the roof so that the heat and smoke could escape so that they could control the fire.

Fortunately, no one was hurt.

Several people sickened by carbon monoxide fumes inside Walmart

Published on: August 13, 2015 | By Jeff DeFrancisco

It is unusual to talk about shopping center disasters outside of Black Friday sales, but invariably shoppers can be hurt in stores even without a crush of people involved. Last week, shoppers at a Walmart in Florida were exposed to carbon monoxide and were taken to the hospital. In all, 13 shoppers were treated for poisoning.

According to an ABC News.com report, carbon monoxide levels were at critical levels by 4:00 a.m. at the 24-hour Walmart in Orange County. While the cause of the incident is still under investigation, officials believe that construction workers using propane tools while inside the store may have caused fumes to collect in the store.

Indeed, the small number of shoppers in the store at the time prevented this from being a disaster. First responders treated employees working in the store, but other shoppers reportedly refused treatment.

The stoplight turns 100 this month

Published on: August 12, 2015 | By Jeff DeFrancisco

The next time you are in a traffic jam in downtown Syracuse, are frustrated with metering lights or are waiting for traffic to loosen up, you may wonder if the traffic signal gods simply don’t have your best interests in mind. You may also wonder if the traffic signal was invented yesterday and whether it will ever evolve.

As for when it was invented, the traffic signal is officially 100 years old this month. The very first one was installed at the intersection of Euclid Avenue and East 105^th Street in Cleveland, Ohio. The signal’s inventor, James Hoge, envisioned a device that would essentially improve his commute. At this time, Cleveland was going through an industrial renaissance, and this led to population growth. With many more people coming in and out of the city for work in cars, bicycles, horses and even streetcars, this inevitably led to traffic snarls.

The first traffic signal featured four pairs of red and green lights that stood for “stop” and “go.” Of course, this design went through a host of changes before the traditional three color semaphore system that we see today was enacted.