Syracuse Personal Injury Law Blog

Close call with waiting school kids causes anger, concerns

Published on: April 29, 2015 | By Jeff DeFrancisco

The images of three school children near Seattle, Washington nearly being hit by a car made national news this week, as it served as a poignant reminder that drivers must be aware of their surroundings and obey traffic laws pertaining to school buses.

The security video from the bus driver showed the bus doors opening as normal, and the children getting ready to step out into the road and on to the bus; when out of nowhere, a car zips by; nearly hitting the startled children. This is not the only instance of a close call involving inattentive drivers and children waiting to board school buses. In Minnesota, video of a semi-truck driver bypassing a stopped school bus likely made parents angry as it nearly plowed over a child who was waiting for the bus.

In fact, according to an ABC News.com report, school bus drivers across 29 states, including New York, indicated that they saw more than 70,000 violations. While no statistics were given regarding the number of children injured by inattentive drivers, it is a concern that should raise an alarm with parents and drivers alike.

Glances away from the road could lead to accidents

Published on: April 28, 2015 | By Jeff DeFrancisco

Think about how often you glance away from the road while driving. Some glances may be innocuous and necessary, such as checking your blind spot before a lane change. Looking in the rear view mirror to see if someone is riding your bumper, or just checking out what is causing a stoppage in a particular lane.

But when we take our eyes off the road for things that are not imitable for driving safety, such as changing a radio station, checking or sending a text message or even entering numbers to dial a phone, this could lead to devastating accidents. This possibility is especially important given how drivers who look away from the road for two seconds while travelling at 70 miles per hour, for instance.

A car going at that speed will travel more than half the length of a football field in two seconds; which is why researchers at the National Highway Traffic Safety Administration suggested publicly that glances away from the road should be two seconds or less.

Homeopathic medicines could see more scrutiny

Published on: April 27, 2015 | By Jeff DeFrancisco

With the use of marijuana as a medicinal alternative for pain medication growing, it is no wonder why the homeopathic medicine industry is experiencing a growth spurt as well. According to a recent CNN.com report, the industry experiences nearly $3 billion in annual revenue. This means that more Americans are purchasing and using creams for pain relief or certain liquids for male virility.

There are many promises behind these products that the work just as well compared to over-the-counter drugs. And since the consumers who purchase them have not fared well with Western medicine, homeopathic medicines appear to be smart and healthy alternatives.

However, concerns are growing over such medicines, as they commonly do not go through the scrutiny provided by the Food and Drug Administration. Because of this, some medical professionals believe that homeopathic drugs may not be as safe. In fact, an Australian medical council published a report suggesting that they were no more effective than placebo, and that there was not medical evidence indicating that they work at all.

Blue Bell announces reboot after listeria outbreak

Published on: April 25, 2015 | By Jeff DeFrancisco

While many of our posts have focused on defective products relating to automobiles (e.g. defective airbags) products liability cases can relate to many other items that consumers use every day. One of the more recent issues involves Blue Bell Ice Cream. According to a recent ABC News.com report, the century old ice cream company had recently shut down its operations after finding that a batch of chocolate chip cookie dough ice cream had tested positive for listeria.

Fortunately, officials at Blue Bell were able to identify the tainted piece of equipment and were able to shut down their operation so that other listeria contaminated batches were sold. Additionally, the Centers for Disease Control and Prevention found that additional listeria cases were tied to Blue Bell as far back as 2010.

Despite these issues, the company announced publicly that it intends to start fresh and bring customers the highest quality (and safest) ice cream. Specific steps to achieve this goal include intensive cleaning of equipment and enhanced training.

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.