Syracuse Personal Injury Law Blog

How off-label marketing can lead to products liability suits

Published on: April 24, 2015 | By Jeff DeFrancisco

If you have watched any of the NBA playoff games, or a golf tournament on a Sunday afternoon, it is hard to ignore the commercials for prescription drugs. From Lexipro to Propecia to Flonaze to Lipitor, drug manufacturers spend billions on television advertising each year. The same could be said about radio ads (even though radio time isn’t as expensive.)

The frequency of advertisements has put more of a focus on off-label marketing; which is defined as the promotion of pharmaceutical drugs outside of their original purpose, or the purpose of approved use by the Food and Drug Administration. Federal rules prohibit the marketing of drugs that have not been approved by the FDA, even though there may be an alternate use for them.

A perfect example is the early use of the drug, Viagra. It was originally approved for improving cardiovascular performance. However, once it was found that it could improve another type of “performance,” a new market was created for which approval was necessary. Viagra’s popularity ostensibly began because doctors may prescribe a medicine for off-label uses if they believe that it can safely be a benefit to a patient.

Beware of dangerous driving habits during prom season

Published on: April 23, 2015 | By Jeff DeFrancisco

There is nothing like the air of spring. It helps people escape from the icy tombs of winter, it brings back sports that we love (baseball) and it signals the coming end of another school year. But before graduations are held, prom season must begin. For teenagers, it is the night of glitz, glamour and fantasy that can make lifelong memories.

Most of these memories are positive, but given teen drivers’ propensity for reckless behavior, it could lead to tragedy when they do not use good judgment. As such, teen drivers and their parents must have honest and frank conversations about the consequences of drinking and driving as well as distracted driving.

Indeed, drinking and driving is universally frowned upon when it comes to teens. Young drivers universally know that they should not drink and drive, even though they may not know that any amount of alcohol in their systems can lead to a criminal charge. While a Mothers Against Drunk Drivers survey indicated that less than 10 percent of teen drivers admitted to drinking and driving, the reality is that more teens actually do so. After all, how many teens are ready to admit to doing something that could get them in trouble?

The importance of diagnosing pregnancy related injuries

Published on: April 22, 2015 | By Jeff DeFrancisco

For most prospective mothers, pregnancy can be a scary, yet exciting time in their lives. After all, they are going to be bringing a new life into the world, and they want to do everything they can to make sure their little baby is safe and healthy in their womb. Because of this, some moms will be hypochondriacs and alert doctors to every pain and discomfort they feel.

While keeping one’s doctor informed is prudent, diagnosing and assessing pain during pregnancy can be difficult. This is because obstetric and non-obstetric pain can have similar symptoms and can be confusing to physicians. For example, a woman who complains of pain can just be experiencing abdominal soreness or simply gas, or pre-term labor or an intra-aminotic infection.

Despite this difficulty, obstetricians have several ways to make distinctions between obstetric and non-obstetric pain. First, keeping a detailed history of previous examinations along with effective physical examinations can help in ruling out critical ailments without the need for more invasive (and potentially harmful) methods.

GM not liable in pre-bankruptcy ignition switch lawsuits

Published on: April 17, 2015 | By Jeff DeFrancisco

By many accounts, 2014 was the year of the recall; especially considering how many General Motors vehicles were affected by the ignition switch recall. As more information about this defect has been discovered, it has been found that GM allegedly concealed it as far back as 2009. Because of this, hundreds of lawsuits have been filed against the company seeking compensation for injuries and other damages suffered in accidents caused by the defect.

However, a federal judge recent determined that General Motors would not be liable to claims asserted before the company emerged from bankruptcy in July 2009. Essentially, the court ruled that the “new” General Motors bought the assets from the “old” General Motors free and clear of any legal liabilities, which meant that the lawsuits against the old company would not be allowed to continue as they were discharged.

Nevertheless, the court ruled that claims against the company for the lost value of vehicles stemming from mass recalls would be allowed to continue. According to legal experts, the ruling saves the company from being liable for $7 to $10 billion in potential damages payouts. Indeed, those who had been injured by ignition switch defect crashes before the bankruptcy was finalized are disappointed and believe that they will never receive justice.

How recovery predictions can be made for brain injuries

Published on: April 16, 2015 | By Jeff DeFrancisco

In a number of our posts we have highlighted how different brain injuries must be diagnosed and treated differently. Essentially, physicians attempt to treat an injury based on physical, mental and emotional symptoms. Despite the universal treatment methods, people may recover differently from their injuries.

Take a football player for example. He may have suffered a concussion during a game and may be ready to come back by the next game. Another player who suffers a similar injury may not be able to play for a few months. Why would there be such a difference in how the two players recover? According to a University of Illinois study, the answer may reside in a single gene.

Essentially, researchers studied the reaction of the brain-derived neurotrophic factor (BDNF) gene and found that it could play a significant part in the formation of new neurons in the brain, which helps in the recovery from traumatic brain injuries. A BDNF gene has two polymorphisms in it. The researchers found that if a person has a particular combination of polymorphisms, it would signal that a person would be more sensitive to brain injuries compared to another person who has a different polymorphic combination.

Who can be held liable for supermarket injuries

Published on: April 15, 2015 | By Jeff DeFrancisco

When you go to the mall or a supermarket, you don’t expect to have to avoid hazards such as spilled milk or falling objects. Unfortunately, things like this happen to consumers every day. When a person is injured while shopping, what are their rights and options? Moreover, who can be held accountable when this occurs?

These are very common questions that injured patrons have. This post will briefly explain why they can be compensated depending on the situation. As always, the following is not legal advice.

Generally, a consumer is considered an invitee; someone who is invited onto the property for a specific purpose. In most cases, invitees are welcomed into a store for the purpose of purchasing a product or service from the owner. When invitees come to a store, there is an expectation that the store owner has taken reasonable steps to make sure the property is free of hazards. If there are hazards (like the spill we mentioned earlier), the store owner is tasked with removing it before a consumer is injured.

Spring is back, and so are motorcycles

Published on: April 14, 2015 | By Jeff DeFrancisco

Spring is officially back in Central New York. Even though the “official” change to spring occurred in late March, spring isn’t emotionally back for New Yorkers until the snow melts and there are consistent 60 degree days.

Another sign that spring is in the air is the return of motorcycles. For those who want to save gas, enjoy the freedom of having the wind in one’s hair, and the versatility of finding parking spaces, there’s nothing like riding a motorcycle.

Unfortunately, riding has its downsides. While there are many more car accidents in New York, motorcycle accidents tend to be crueler on riders. After all, drivers in cars can be assured that they will be protected by a steel cage, even though the force of the accident tends to be harsher. Conversely, motorcycle riders are particularly vulnerable as the only things between them and the asphalt are their clothing and their helmets.

How you can suffer a spinal cord injury

Published on: April 13, 2015 | By Jeff DeFrancisco

The great thing about innovation in the medical field is that it brings us closer to cures to illnesses and injuries that were once thought to be death sentences, or permanent lifestyle changes. Innovations to nerve damage (specifically, spinal cord injuries) are part of this. However, innovation comes slowly, and spinal cord injuries still may have a significant effect on a person’s strength, sensation and function of many body parts.

Because of this, spinal cord injuries must be treated with extreme care. Moreover, actions that can cause such injuries must be avoided at all costs. This post will highlight some of the common ways that a person can suffer such an injury.

Auto accidents – According to the Mayo Clininc, more traumatic spinal cord injuries are suffered in car accidents, compared to other maladies. Particularly dangerous accidents are rollover crashes, because of how passengers’ heads and necks can be compromised when the car lands on its roof.

Can a birth injury lead to a medical malpractice case?

Published on: April 12, 2015 | By Jeff DeFrancisco

The birth of a child can be described as a medical marvel. Being born alive after being nurtured in a mother’s womb just doesn’t happen without some monitoring and careful handling; especially considering all the things that can go wrong during a birth.

Because of these possibilities, many hospitals have established protocols that doctors, nurses and hospital staff must follow so that abnormalities do not turn into tragedies. Also, from a legal standpoint, there is a duty to use reasonable care when overseeing a pregnancy, as well as a birth. Essentially, physicians and medical staff must use such care in administering tests, monitoring the baby for signs of distress, and acting properly when trouble comes about.

Of course, there may be limited times where it is okay to deviate from established protocol. Life doesn’t always allow for rules to be followed when split second decisions must be made. Nevertheless, failing to follow protocol out of negligence (or ignorance) is not acceptable. In these sensitive situations, failing to use reasonable care can create complications that can result in lifelong consequences.

Why moving violations can lead to negligence claims

Published on: April 11, 2015 | By Jeff DeFrancisco

In a previous post, we highlighted how potholes and poorly maintained streets can lead to accidents and how injured drivers can be compensated. However, drivers have to deal with more than just potholes on a daily basis. There are distracted drivers, drunk drivers and even aggressive drivers on the road every day.

If you involved in a crash, proving fault is essential to receiving compensation. This means that you have to show that the other driver failed to use reasonable care in operating their vehicle, and that such a failure was the proximate cause of the accident that caused your injuries. One of the easiest ways to prove fault is by showing that the other driver disobeyed a traffic law.

There are a number of moving violations that can give rise to a negligence claim, including: