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Tuesday, August 12th - Half of Overweight Adults Prove to be Heart Healthy...
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Tuesday, August 5th - Anti-Snoring Machine and its Marketing Tactics are Stirring Sleepers...
Thursday, July 31st - Cigna & Express Script to pay $27 million in settlement of a New York State drug switching case...
Tuesday, July 29th - Senate Republicans to Campaign against Medicare Fraud...
Friday, July 25th - Authorities Seize Xiadafil VIP Tablets after SEI Pharmaceuticals Refusal to Recall Product...
Monday, July 14th - FDA issues warning: Heparin Sodium Injection (Baxter)...
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New York Auto Accident and Malpractice Lawyers

Napoli Bern Ripka, LLP Blog

Auto Accidents: Bicyclists Take Caution

With gas prices still on the rise, it is no surprise that people are starting to take notice. The SUV’s are now locked up in the garage with specific instructions not to use the gas-guzzling monstrosity. People are now switching to other forms of transportation such as the bus, train, and the bicycle. People are more now than ever getting their bikes out of storage and taking them to the open road. Since the price of gas is most likely to reach $5.00 per gallon by the end of the summer, it is very likely that people are going to be hitting the road on their bicycles. More bicycles on the road translate into more accidents that are apt to cause devastating effects.

Now its time to be honest, when is the last time you rode a bike? Okay, let me refine it a little bit, when is the last time you rode a bike on a street filled with cars, trucks, SUV’s etc? If you are one of the few who has, do you remember all of the hand signals, rules, and regulations? I think not. Since more people are hitting the rode on their bicycles without the proper knowledge of common signals and rode rules, there is going to be an increase in bicycle-auto related accidents. When you are driving in your car do you ever get nervous when a bike rider comes beside you? This happens all the time in which either one or both parties do not know the rules of the road when sharing it with one another.

The fact of the matter is that there are two different sets of rules for auto drivers and bike riders. Whether fair or unfair this is that way our system is set up so we must pay attention or there will be consequences to pay. In cases where bike riders are joining the NYC streets it can cause for very dangerous situations. Taxi drivers, commuters, busses, and pedestrians as well as bicyclists and autos are all sharing the road, and all with different rules and regulations. With more bicyclists on the road the chance for an auto related accident is greater because there is going to be more inexperienced bike riders on the road. This inexperience can cause auto accidents in which it is necessary to contact and auto accident lawyer to help sort out issues and problems that might arise.

If you or a loved one has been involved in an auto accident as a bicyclist or in a car, contact auto accident lawyers Napoli Bern Ripka LLP. Napoli Bern Ripka LLP has a legal team dedicated to service auto accidents and making sure that they get a settlement that they deserve. They also have the experience in dealing with large insurance companies. Accidents occurring on the road can lead to devastating effects such as medical bills, pain and suffering, and a loss of wages if injured during the accident.

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7/31/2008
Oguz Ozdemir
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New York Auto Accidents: Can’t Beat Them, Can’t Join Them

Let’s face it, auto accidents that happen New York City are a pain. If even the slightest fender bender happens in the Lincoln tunnel or on the George Washington Bridge, the whole city is paused, frozen in time. People get so flustered and panicked leaving them sitting in their cars for hours at a time. Due to the large amount of cars, busses, and trains leaving the city everyday, can cause for chaos. However, New York City has continued to thrive despite these events happening, and will continue to do so in the future. There is no doubt that these auto accidents will intimidate commuters and travelers alike so much as to stop them from going into the city all together. People in New York City take auto accidents in stride, and just chalk them up to everyday occurrences that are very common. However prevalent this type of thinking is, auto accidents in the city do cause millions of damage every year.

As a matter of fact, due to the slump in our recent economy more people than ever are moving towards taking mass transportation instead of driving their cars. Such modes of transportation include taking the bus, train, and even riding bikes are becoming more popular as the rise in oil continues. Insurance companies are also trying to help consumers out from the spike in oil prices by decreasing insurance premiums. Insurance companies are also trying to save their own butts because people are driving less and even forgoing driving altogether. Therefore less people are going need insurance, so insurance companies thinking is to decrease the price of insurance to give some incentive for people to start driving again. People will thus save money on insurance and able to afford money on gas.

We cannot predict the future, so the only thing we can do is plan for today. No one knows what to expect, so people are starting to panic. This ties us back to the Lincoln Tunnel, George Washington Bridge example. New York will continue to go on this way, because frankly, there is nothing else we can do. Accidents, increase in oil prices, and a lowering of the economy will all continue to happen. So what can we do? First things first, when these accidents happen we can get the right type of help. Hiring a New York accident lawyer with the knowledge and expertise needed to serve justice is something that you can do to protect yourself. To help save money in the oil crisis, drive less. It’s that simple and it’s that hard. If you need to make some sacrifices then make them. If insurance companies lowering their premiums makes it affordable for to continue to drive, then good for you. Just remember that the more drivers on the road, the more accidents. Are you starting to see the trend, the continuous cycle? The more accidents the more panic….One thing you can control is the New York auto accident lawyer you hire. You will be able to collect what is rightfully yours, and thus able to put you back into the game of life the fastest.

Don’t waste time and get a skilled auto accident lawyer that can guide you through every step of the way of the legal process. An injury lawyer has the power and knowledge to deal with insurance companies refuting complicated claims that can leave you at a loss. Napoli Bern Ripka, LLP are experts in New York, New Jersey, and Pennsylvania state laws that are able to help you to understand the value of your car accident case and explain how to proceed in obtaining justice

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7/19/2008
Oguz Ozdemir
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Auto Accidents: How Much Insurance Fraud is Costing You

From staged auto accidents to the sale of fake medicare cards, insurance fraud is an increasing problem across the state and country. Napoli Bern Ripka would like to shed light on this crime that is estimated to cost the average family an additional $300 per year in increased premiums .Insurance fraud can be committed against policyholders or insurance companies. It occurs when a person intentionally deceives another about an insurance matter to receive money or other benefits to which they are not otherwise entitled. Since insurance companies divide the costs of claims among policyholders, fraudulent claims force increased premium costs for all policyholders.
     Insurance industry studies reveal that 10 percent or more of property/casualty insurance claims are fraudulent. This equates to about $30 billion a year, according to the Insurance Information Institute. The most common insurance frauds include "padding" actual claims, misrepresenting facts on an insurance application, submitting claims for damage or injuries that never occurred and "staged" auto accidents.
     The best way to fight auto accident insurance fraud and the criminals who commit it is to remain alert and follow the proper procedures should you become involved in or witness an auto collision. Be aware of possible fraud schemes. If you are involved in an accident and are approached by someone who suggests a doctor or lawyer who can help you "make money" or by a mechanic who offers to "bury" your deductible by inflating the estimate, do not accept these offers. Scenarios such as these are likely fraud schemes. Report auto accidents to the police, whether you are involved or are a witness. If you are involved, let your insurance company know, regardless of who was at fault. Your report is important to establish the legitimacy of your auto accident claim, as well as to determine if auto accident claims made by others are fraudulent. Record pertinent information and take note of it. If you are involved in an auto accident, keep a record of what happened and what was said. Get the names and phone numbers of all involved parties, passengers and witnesses, along with the names of their insurance companies. Keep a disposable camera in your glove compartment so that you may take pictures of any damage to vehicles immediately after a auto accident.
    When someone acts out of negligence and causes an auto accident, it is their responsibility to own up to their actions, if intentional or not. Auto accidents are inevitable, especially if they are planned. If you have been suffered a personal injury or loss or damage as either a driver or passenger in an auto accident, you may be entitled to compensation at law for the consequences of the accident. Don’t waste time and get a skilled auto accident lawyer that can guide you through every step of the way of the legal process. An injury lawyer has the power and knowledge to deal with insurance companies refuting complicated claims that can leave you at a loss. Napoli Bern Ripka, LLP are experts in New York, New Jersey, and Pennsylvania state laws that are able to help you to understand the value of your car accident case and explain how to proceed in obtaining justice

For more information on auto accidents involving insurance fraud click here

Labels: napolibern.com, New York City

6/30/2008
Oguz Ozdemir
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Less Driving Means, Fewer Accidents: Benefits go to the Auto Insurer

With less people driving on the road, accidents are going to occur less frequently. Due to the increasing rise in cost of gas, a toll is being taken on the U.S. economy. However, auto insurance companies are the ones who are reaping the rewards. Less people driving on the roads will cause fewer accidents; therefore boosting auto insurance earnings.

The U.S. Department of Transportation reported that vehicle travel mileage dropped by 4.3% in March compared to the year-ago month, and that March marks the first 12-month period in which the total number of miles driven dropped from the previous 12-month period since the agency started keeping the records in 1983. This increase in gas price is a good sign for auto insurers because they will no longer have to cut their rates, like they have done in the past, in order to gain new business. These insurance businesses are also relating to consumers by offering new programs such as “drive less, pay less” to reward them for their less risky driving habits.

This connection between driving less and fewer accidents makes sense, which would cause the frequency of accidents in the present and future to decline. Even if drivers get into fewer accidents, the benefit could be partially outweighed if the cost of repairing vehicles rises due to higher material costs, Allstate spokesman Rich Halberg pointed out. Lehman Brothers analyst Jay Gelb says higher gasoline prices adding 30 cents to his 2008 per-share earnings estimate for Allstate, and 15 cents to Progressive’s. “We are not making a call today on the sustainability of high gas prices, but we believe this trend will be strong enough at least in the near term to result in a return to favorable loss frequency trends for auto insurers,” Gelb wrote.

A similar gas increase occurred in the 1970’s where there was a decrease in driving and thus a drop in accidents. However, as soon as the increase dissolved, people began to drive again and thus more accidents occurred. We will not know how our economy is going to respond to our oil situation; however we can see the pattern with gas, driving and accidents. Auto accidents are inevitable and if you have been suffered a personal injury or loss or damage as either a driver or passenger in a car accident, you may be entitled to compensation at law for the consequences of the accident. Don’t waste time and get a skilled auto accident lawyer that can guide you through every step of the way of the legal process. An injury lawyer has the power and knowledge to deal with insurance companies refuting complicated claims that can leave you at a loss. Napoli Bern Ripka, LLP are experts in New York, New Jersey, and Pennsylvania state laws that are able to help you to understand the value of your car accident case and explain how to proceed in obtaining justice

Source: WSJ, to read more about the article auto insurers benefiting from accidents click here

Labels: napolibern.com New York City

6/20/2008
Oguz Ozdemir
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Auto Accidents

Auto accidents can be cause by a multitude of reasons, including intoxication, operator error, or poor eye sight. When an auto accident is caused by negligence, determining rewards is based on proving who was at fault and battling against insurance companies. In some cases the person found negligent may not have the insurance needed top take care of the victims medical bills, pain & suffering, and out of work expenses. An auto injury lawyer is needed to get what you deserve, not what the other party offers.

Cars, motorcycles, and trucks make up the broad skype of vehicles on the road. Common auto accident injuries include whiplash, head and brain injury, damages to joints, bones, and muscles, as well as other various soft tissue injuries that are often the subject of personal injury lawsuits and litigation. Motorcycle accidents result in injuries due to collisions with cars and other motor vehicles. Motorcyclists are 83% more likely to be injured in an auto accident than a person riding in a car which is cause of a frightening experience. Truck accidents are escalating due to the increase of trucks dominating the road that are large in size, carry dangerous blind spots, and constantly speed due to strict delivery deadlines. If you, a friend or family member has been involved in any type of these accidents, don’t waste time and get a skilled auto accident lawyer that can guide you through every step of the way of the legal process.

The result of an auto accident injury can leave you with costly bills, complicated claims, pain and suffering, loss of wages, and emotional distress that can take a toll on your life. If you have suffered a personal injury or loss or damage as either a driver or passenger in a car accident, you may be entitled to compensation at law for the consequences of the accident. Don’t waste time and get a skilled auto accident lawyer that can guide you through every step of the way of the legal process. An injury lawyer has the power and knowledge to deal with insurance companies refuting complicated claims that can leave you at a loss. Napoli Bern Ripka, LLP are experts in New York, New Jersey, and Pennsylvania state laws that are able to help you to understand the value of your car accident case and explain how to proceed in obtaining justice.

FDA and Prescription Drugs

8/14/2008
Paul Napoli
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Seroquel

Seroquel, also known as Quetiapine, is a drug that is used to treat schizophrenia and other psychotic disorders. Seroquel, manufactured by Astra-Zeneca Pharmaceuticals, was approved by the FDA in 1997. Seroquel was also used to control bipolar disorders as well as hallucinations, delusions, and hostility that were effects of having this disorder. After use of the drug, it was found that it produced some common negative side effects including nausea, vomiting, dizziness, constipation, weight gain, and fatigue.

After some time Seroquel was linked to complications that involved muscle deterioration, distorted state of mind, and irregular blood pressure. These symptoms are linked to Neuroleptic Malignant Syndrome in which is a very serious condition that must seek medial attention. Seroquel was also linked to Tardive Dyskinesia, which is linked to a disorder found in the central nervous system that causes ticks and involuntary movements of the arms and legs. By 2003, the FDA realized what was happening with Seroquel and recommended that a warning be published since studies showed the links to the complications. In this study it showed that people who took Seroquel were more than twice as likely to develop diabetes than people who took another drug.

People who took Seroquel that developed NMS have seen horrible side effects and complications. NMS is a fatal neurological disorder that can be formed by unfavorable reactions to antipsychotic drugs such as Seroquel. NMS can cause a decrease in attention and focus, as well as perception. Seroquel has also been marketed as a drug for ill-tempered and grouchy teenagers. However, studies have shown that those under the age of 18 who take Seroquel can cause suicidal thinking. Seroquel is known as a controlled substance, however the abuse of the drug is common. People will crush it and snort it to get high. Seroquel is also more prone for abuse because the drug is easier to get than other well-known sedatives such as vicodin or oxycotin.

Not only where there complications that cam along with taking Seroquel, there was also problems with prescriptions. It turned out that another drug called Serzone was getting mixed up with Seroquel because of the closeness in spelling, strengths, and dosage forms. Obviously because the two drugs were made for different purposes, the effects of switching them could lead to harmful side effects. If you or a loved one has been harmed either from the harmful side effects when taking Seroquel, or mistakenly being prescribed Seroquel, contact Napoli Bern Ripka LLP. Napoli Bern Ripka LLP has a dedicated team of lawyers ready and willing to take a look at your Seroquel case. They have the experience needed to deal with large pharmaceutical companies that intimidate others

FDA Prescription Drugs: Ortho Evra

Ortho Evra is a contraceptive method using a patch to transmit hormones through three layers at a sequential pace. The hormone that is released is a combination of estrogen and progestin that work together to provide women with the same protection as if taking the pill. Ortho Evra is to be worn on the lower abdomen, buttocks, or outer arm to allow the hormones to be released in places where high blood flow occurs. Ortho Evra works to prevent ovulation so that a woman will not get pregnant while taking the drug. Ortho Evra gives warning to women that if being taken along with antibiotics, antifungals, anticonvulsants, or pretty much any other drug that will increase metabolism of contraceptive steroids, will reduce the effectiveness of the contraceptive.

The side effects that come along with taking the drug reported by women include nausea and or vomiting, rashes from patch application, pain in the breast area, UTI infections, abdominal pain, and headaches. These negative side effects were consistent in over 10% of all patients taking the drug. When taking any type of birth control there are certain risk and side effects that go along with use. When taking birth control on a daily basis, there is an increased risk of thromboembolic happenings. Even though there is research being done about the risks, it has been shown that taking Ortho Evra instead of a oral contraceptive can be attributed to being susceptive to an higher risk of thromboembolic events. It is known that women who take birth control should not smoke because the risk for cardiovascular disease is significantly increased in women over the age of 35 taking the drug. Ortho McNeil, a subsidiary of Johnson & Johnson indicated that, “the patches introduce a 60% higher level of estrogen into the bloodstream as compared to oral contraceptives; however, the clinical significance of this difference is unknown.”

In 2005, Ortho Evra had to revise its label, deeming it necessary from the FDA. This new label indicated a warning in bold that the use of Ortho Evra increased the risk of getting blood clots due to high exposure of hormones that the patch gives being directly placed on the skin. There are a couple of lawsuits being drawn up for causing worse then warned side effects that have attributed to serious illnesses and death. For example, a young women studying fashion in New York died because of a blood clot. This death was linked to Ortho Evra because the young women was taking the birth control when she died, and the increased risks of blood clotting was not put on the label at the time.

If you or a loved one had suffered adverse side effects from the use of the birth contraceptive, Ortho Evra please contact a Ortho Evra lawyer to help you to stand up for your rights. Napoli Bern Ripka is experienced in complex product liability and medical litigation. We will determine if the drug caused injury or death to our clients and their families, and whether they are entitled to compensation. We can help, without putting you at risk.

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6/30/2008
Oguz Ozdemir
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Ancure

The Guidant Ancure system is a blood vessel graft that is used to repair an abdominal aneurism. An Aneurysm is a diseased or weakened section of the artery wall that tends to balloon or bulge due to arterial blood pressure (defined by the FDA). It is used instead of the more invasive open surgery in patients who have an abdominal aortic aneurysm and whose anatomy is not suited for the use of the single tube or bifurcated endograft device. The Ancure device, as part as the Ancure Endograft System, was suspended in 2001 by its manufacturer Guidant. Ancure is a synthetic graft device that is used to repair abdominal aortic aneurysms. The device was suspended due to the fact that Guidant admitted to making false statements to the FDA and not submitting required reports of injuries that occurred in patients who received the Ancure device. Injuries occurring with the Ancure device include leaks, aneurysms, and ruptures which resulted in extended hospitalizations, additional surgeries, and sometimes death.

In June 2003, Guidant and its subsidiaries agreed to pay fines of $92.4 million after pleading guilty to 10 felonies for not disclosing malfunctions of their Ancure Endograft System. Also, Guidant admitted to failing to report thousands of fatal or life-threatening malfunctions of the device or the highly invasive operations required to correct the damage when the device failed. The complaint suspected that Guidant reported only 172 malfunctions since the product was marketed to the public in 1999. The complaint also alleged that Guidant had 2,628 records of adverse event incidents, including reports that the malfunctions led to 12 deaths and 57 open heart surgeries. In April 2001, the FDA sent a letter to health care professionals who had used Ancure, warning them that “serious problems occurred” with the device. Guidant pleaded guilty to nine counts of introducing a misbranded medical device with the intent to defraud or mislead.

If you have occurred any of these complications from using the Ancure device, please consult a doctor. In addition, it may be in your best interest to contact a personal injury lawyer at Napoli Bern Ripka who can obtain legal rights on your behalf. They have the legal expertise in dealing with large pharmaceutical companies, insurance giants, and the government. Don’t waste another moment flirting with time, for there may be limitations regarding your case

FDA & Prescription Drugs

Prescription drugs that are recalled by the FDA pose a lot of questions such as: why was the drug approved in the first place, why was it taken off the market, and for how long did the FDA know about the side effects? If the FDA approves a product that is later recalled because of ill side effects with use of the product, consequences should be warranted. When buying a product that is approved by the FDA, a consumer should have peace and mind. This is not the case when the popular drug Fen-Phen was approved by the FDA then later found to cause valvular heart damage and a deadly condition known as primary pulmonary hypertension (PPH). Fen-Phen was used by many consumers as an appetite suppressant. Fen-Phen was very popular as a health kick invaded the United States in which people were trying to live a healthier lifestyle. However after using the product they did not end up any healthier, what they ended up with was severe medical problems.

A prescription drug is different from an over the counter drug because a prescription drug is a licensed medicine that is regulated by legislation to require a prescription before it can be obtained. The whole reason for issuing a prescription is to regulate its use due to the fact that it can cause ill side effects. When the FDA approves a product, it gives its stamp of approval. People thus entrust their lives based on this stamp, and when it fails it fails big time. Other drugs such as Ancure, Baycol, Fosamax, and Ortho Evra just to name a few are all FDA approved drugs that have been recalled. People that have been prescribed these drugs have been affected in ways that they never imagined. Whether it is a first hand account or one of a family member or friend, recalled drugs play a big impact on people’s lives. The fatalities due to the use of these drugs have caused much pain and grief for the patients, family members, and friends.

Napoli Bern Ripka is extremely experienced in cases regarding recalled FDA approved drugs. They have successfully won their clients millions of dollars in damages due to the Fen-Phen recall. Due to pharmaceutical companies constantly pushing new products out on the market, these types of recalls are going to continue. Napoli Bern Ripka is more than willing to be the advocate for the public to stand up against large pharmaceutical conglomerates, insurance companies, and the government

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Labor Law

8/7/2008
Oguz Ozdemir
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Pilot Union Sued by United Airlines

United Airlines has asked that the Air Line Pilots Association to stop from supporting its pilots to participate in an illegal and disorderly sickout, or protest against United’s plan to cut its pilots in an effort to reduce expenses. United Airlines brought this suit up with the U.S, District Court in Chicago. United Airlines’ claimed that the Air Line Pilots Association Union and four specific pilots had violated the Federal Labor Law that forbids transportation workers from performing work slowdowns. Pilots and flight attendants work on a pay system that is determined from the length of the trip, in which employees can gain more revenue if there is some type of hold up. Due to some of United’s workers deliberate slow downs, United was forced to delay and or cancel over 300 flights occurring in the last two weeks in July. These cancellations amount up to a big sum of lost revenue. Specifically, the cancellations cost upwards to a multiple of millions of dollars, a tainted reputation, and the interference of over 30,000 passengers travel plans.

The lawsuit intended to not include most of the pilots who issued good behavior, but to, “serves to underscore the growing antagonism United's wrenching cost-cutting measures are creating between the airline and its pilots.” However substantial United Airlines claim may be the Union had this to say the following statements about the situation, “it is inaccurate and alarmingly misleading information…also not a constructive approach to labor relations."Another first in the company’s history is that United Airlines has never sued its pilots before, and why would they. The Pilots are the talent in their business and without them United would have no service to provide to their customers.

Since the Airline industry is at war with the economy, aka fighting high gas prices, the lower amount of travelers, and the peoples decision to not travel as much this summer has caused the airline to evoke new cost cutting tactics to reduce the number of aircrafts they carry, the amount of routes they currently offer, and the amount of pilots they currently employ. The employees that will be seeing this cut are junior officers, that currently help to operate the 737’s of which half will be seeing ground time due to these new cost cutting measures. Another reason supporting United Airline’s decision to sue the labor unions is that the number of employees calling in sick has doubled since last year. These increased efforts in the sick rate amounts only to a slow down could only be done by a concerted action by United’s employees.

At Napoli Bern Ripka LLP, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.

For the full article click here

Labels: napolibern.com, New York City

7/28/2008
Oguz Ozdemir
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Lobbyists Push Law Reform, Regardless of Abundant Labor

The vagueness of immigration reorganization and the mounting confidence of immigration law enforcement continue to aggravate growers, labor lobbyists believed this month. Despite the current condition of the economy and the rising price of oil, the one thing that farmers are not going to be worrying about is the availability of Labor. However, this could turn out to not to be a good thing. The reason for the aboundant amount of workers in the agriculture industry is because workers were formerly employed by contractors building houses and office parks. However due to the slumping housing market in our nation, these workers have returned to agricultural work.

Craig Regelbrugge, vice president for government relations for the American Nursery and Landscaping Association, Washington, D.C. said, “The story isn’t about crops rotting in the fields all over the place,” he said. “The great challenge we face is that a lot of folks either have decided nothing can happen this year or they have decided they have enough labor today and they are sitting on their hands and staying quiet. Even so, growers are just one immigration raid away from disaster.”

Since this is a big year with the election, farmers are awaiting labor reform without much hope. This is due to the fact that this issue won’t get much attention because of the upcoming election. Sen. Dianne Feinstein, D-Calif., is attempting to find legislation to which she can attach an immigration/agricultural labor bill, called the Emergency Agriculture Relief Act of 2008. This bill is reminiscent to long-simmering AgJobs legislation. The difference it’s that it is a 5yr limited program in which workers don’t have a way to gain citizenship The emergency agriculture relief act of 2008 will also reflect the way wages are organized under the H-2A program.

Agriculture growers are going to see some relief however, due to the revising of rules in the H-2A program. This relief is coming to aid because of the proposed changes by agriculture growers, employers, employees, and advocates of the topic. Bush’s administration has proposed some ideas however, the consensus from the industry suggest that they would rather come up with their own methods then take that of Bush’s administration. Another determinant is the no-match regulation that would enforce fines and criminal charges for employers who couldn’t prove their workers social security numbers. Agricultural growers are looking forward to finally knowing what laws and rules they must abide by. No one wants to make a mistake, therefore they are anxious to get everything right. All in all, labor shortage is not going to be of concern but sanctions are expected.

When employees aren’t accustomed to the proper working conditions, problems are sure to arise. When nearly 6 out of 100 workers experience a job related serious injury, there is a need for legal protection. At Napoli Bern Ripka, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented. You may be able to prevent it from happening to someone else. Our clients know they can always rely on us to be there for them.

For the full article click here

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7/9/2008
Oguz Ozdemir
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Wal-Mart Violates Labor Laws, to pay 6.5 million

Wal-Mart Stores Inc. was found guilty of violating Minnesota Labor Laws. The suit, filed on behalf of about 56,000 Wal-Mart and Sam's Club employees, alleged that Wal-Mart managers forced hourly workers to work off-the-clock during training and denied full rest or meal breaks, in order to keep labor costs down. The suit was given class action status in 2003. He also ruled that the company pay current and former employees $6.5 million in compensation for contractual violations. Wal-Mart has been subject to criticism by various groups and individuals. Labor unions fund and lead community groups, grassroots organizations, religious organizations, and environmental groups in protests against Wal-Mart, the company's policies and business practices, and Wal-Mart customers.

Wal-Mart's audits revealed that the company was aware of the problems but "put its head in the sand" and chose to do nothing said Judge Robert R. King Jr. This is just the latest chapter in Wal-Mart's one step forward; two steps back effort to change its public image. Pennsylvania court, also in December 2005, approved a class-action lawsuit against Wal-Mart Stores Inc. by employees in Pennsylvania who say the company pressured them to work off the clock. The class could grow to include nearly 150,000 current or former employees.Wal-Mart was also found in violation of statutes relating to making and keeping employee time records and failing to let employees have any time for a meal break. While the plaintiffs won't receive compensatory damages for those violations, Wal-Mart is subject to a $1,000 civil penalty for each incident.

When work establishments do not practice these health and safety procedures, they are susceptible to major infringements when these problems occur. Workplace hazards fall into three categories: physical hazards (slips, falls, and dangerous equipment), physical agents (noise, vibration, heat/cold stress), chemical & biological agents (solvents), and psychosocial issues (work related stress, violence). Occupational health and safety issues are most prevalent in blue collar workers; however there has been a rise in white collar worker disputes as well. Labor law is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. With all of these regulations set in place you would think officials have a good grasp on the matter. However, due to substandard equipment, poor safety procedure, and a lack of proper training, detrimental accidents occur in the workplace are leaving employees injured and out of work.

For the full Wal-Mart article click here

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6/24/2008
Paul Napoli
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Labor Law

Due to over 6 million occupational work related injuries in one year alone, there is a great need for increased regulation. Labor law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. Occupational health and safety issues are most prevalent in blue collar workers; however there has been a rise in white collar worker disputes as well. Labor law is a cross-disciplinary area concerned with protecting the safety, health and welfare of people engaged in work or employment. With all of these regulations set in place you would think officials have a good grasp on the matter. However, due to substandard equipment, poor safety procedure, and a lack of proper training, detrimental accidents occur in the workplace are leaving employees injured and out of work.

The reasons for establishing proper occupational health and safety procedures in the work place is obvious, however the following reasons specifically explain why they are of such importance. The legal reason is that OSHA may be enforced in civil and or criminal law. It is fairly well known that without the authority breathing down your neck, many organizations would not act upon their implied moral obligations. The economic reason is that governments realize that poor occupational health and safety procedures end up costing the state through high medical treatments, social security payments, and the loss of employability of the worker. The moral reason is that an employee should not have to risk injury at work, nor should others associated with the work environment.

Medical Devices

8/5/2008
Oguz Ozdemir
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List of Drugs, Medical Devices, and Procedures that Medicare no Longer offers Released

The first ever list of drugs, medical devices, and procedures that Medicare patients will no longer be able to access were released by The Centers for Medicare and Medicaid Services. The list of medical products and services was posted on the CMS website that provided this information to what would become in the upcoming year something of a downer for many. The Centers for Medicare and Medicaid Services determines which drugs, devices, and procedures will be on the list for Medicare Patients to receive or use. They have a large amount of power in the Medicare field that warrants much research. Since the decisions what to and what not to put on the list affect many people, all members of the public will able to provide CMS with their thoughts and recommendations.

The Centers for Medicare and Medicaid Services impacts not only Medicare patients, but also private insurance companies tend to adopt the same principles, recommendations, and policies as Medicaid. Ultimately the list of drugs, medical devices, and procedures that are up to be evaluated, “all appear to either have some controversy about them … [or] they are topics that there isn’t a whole lot of evidence as to what their exact use is in all circumstances,” CMS Chief Medical Officer Barry Straube said. The Food and Drug Administration (FDA) have not even approved some of the products on the list yet, he noted. One of the drugs that are on the top of the list for consideration is Amgen’s anti-anemia drug. Also known as Epogen, Procrit, or Aranesp, is sold under Johnson & Johnson in which the FDA gave warning to instruct the company to put stronger warnings on its labels. The CMS and FDA have suggested that evidence against the drugs proves it to be dangerous when issued to cancer patients.

Much consideration is placed on the issue if new technology is available and ready to be implemented in the Medicaid system. If this is true, the new medical product and or service will be distributed throughout the nation. Straube also said, “We have no plans right now to change the national coverage-versus-local coverage decision process,” noting that CMS lacks the financial resources to take over for the regional contractors. This list of potential topics allows the MCD to attempt to be more willing to get the views of others while also getting ideas on how to execute these new policies. By putting out this list early the CMS intends to give companies time to arrange its strategy and give the capital markets the ability to evaluate the severity it will have on national policies, their own companies, and competitors. However the chance that the CMS must take is that its preview of the list may evoke chaos among competitors.

Product liability and medial device malfunction go hand in hand. Therefore it pays to have a lawyer experienced in both arenas. At Napoli Bern Ripka LLP, there is over 40 years of combined experience in dealing with cases regarding faulty medical devices. They have experience in dealing with large corporations and insurance companies that seem to intimidate others. Contact Napoli Bern Ripka LLP so they can help you gain the compensation that you deserve, not what is offered.

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7/19/2008
Paul Napoli
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FDA Warning: CT Scans May Cause Medical Device Malfunction

CT scans, also known as computer tomography, is a medical imagining method used to used to generate a three-dimensional image of the inside of an object from a large series of two-dimensional X-ray images taken around a single axis of rotation. However, recently the FDA warned CT scan administrators that the use of a CT scan could cause peacemakers, defibrillators, and other electronic medical devices to malfunction. This is causing a big stir in the medical industry because the use of CT scans are very prevalent in testing for different conditions using tying to people who currently use these types of medical devices. Some of the malfunctions that the medical devices incurred include unintended shocks from neurostimulators, malfunctions of insulin infusion pumps, and transient changes in pacemaker output pulse rate.
    After issuing this warning, reports came into the FDA saying that there were no deaths attributed to possibly CT scans causing malfunctions to persons currently using these medical devices. "It is possible that this interference is being reported more frequently now because of the increased utilization of CT, the higher dose-rate capability of newer CT machines, an increase in the number of patients with implanted and externally worn electronic medical devices, and better reporting systems," the FDA said. It is important to get this information out to the public about medical devices that are malfunctioning because it is a big risk to have these types of occurrences happening everyday. Medical devices that are defective could cause devastating affects to the user, ending in further complications and fatalities.
    Some devices that could be affected by the CT scanner include: retinal implants, cochlear implants, cardiac pacemakers, implantable cardiac defibrillators, neurostimulators, and drug infusion pumps. What the FDA is planning to do to get this information out is to issue a public health notice making sure that the public is aware of the reports on the matter. When putting CT scanner in use, the FDA recommends "the operator should use CT scout views to determine if implanted or externally worn electronic medical devices are present and if so, their location relative to the programmed scans range." Other operations musts include: getting rid of external devices out of the rang of the scanner, questioning the patients and asking them if it is possible to temporarily turn off their medical devices, and to minimize exposure to the ct scan by using a low frequency.
    Patients currently using one of the devices affected by the CT scan, and needs a scan should be very observant of the rules and make sure pay attention to all of the precautions. Product liability and medial device malfunction go hand in hand. Therefore it pays to have a lawyer experienced in both arenas. At Napoli Bern Ripka, there is over 40 years of combined experience in dealing with cases regarding faulty medical devices. They have experience in dealing with large corporations and insurance companies that seem to intimidate others. Contact Napoli Bern Ripka so they can help you gain the compensation that you deserve, not what is offered.

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7/8/2008
Oguz Ozdemir
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Faulty Software in Medical Devices

A flaw in a computer code caused a drug pump to administer heavy overdoses - led to a recall, warnings and rewriting of the equipment's software. The discovery also illustrated a new threat behind some lifesaving medical devices. This was found after a routine piece of medical equipment started mysteriously killing hospital patients a few years ago. Microprocessors run everything from patient monitors to artificial pancreases, and potential software flaws are a growing concern. A product might not malfunction because it was poorly designed or badly made - the traditional suspects - but because the computer code running it includes a mistake. The impact of that glitch can be increasingly serious because the latest automation is removing the doctors and nurses who watched for machine mix-ups.

When there are flaws in a medical device’s design and/or manufacturing, it can cause injury and even death. A patient looks to these medical devices for help, but in some cases the devices end up hurting rather than helping. The FDA is responsible for the approval and oversight of these devices, and when flaws arise, major problems arise as well. When a patient with a heart murmur is relying on their pacemaker to keep them alive, the workings of the device is crucial to the life of the patient. What would happen if a pacemaker stopped working and left the patient without the support that they needed? In a situation like this, it is important to have a lawyer that has the experience in dealing with large insurance companies, corporations, and the government.

Of 23 recalls last year that the FDA classified as life-threatening, three involved faulty software. Manufacturers test and inspect the software on their products, such as dialysis systems and patient monitors, before putting devices on the market. But they've been slow to follow the FDA in adopting new forensic technology because it is costly and still evolving, industry officials say. As a result, FDA software specialists are amassing evidence to show companies the value of the new testing. Meanwhile, traditional software checks, while good at detecting some flaws, are not thorough enough to find every mistake, according to computer scientists.

The FDA created the forensic software unit in 2004 which employs about 10 mathematicians, computer scientists and a physicist who once designed military satellites About two years ago, Fitzgerald recalled, the forensic software team was assigned to investigate a dialysis machine, in use for two decades, that suddenly began malfunctioning on patients with terminal illnesses. The team investigated but could not find a problem with the software. Six months passed before the manufacturer finally found a defect that only mattered when the machine worked nonstop, as it did on the terminally ill. "We declared the software innocent," Fitzgerald said.

Product liability and medial device malfunction go hand in hand. Therefore it pays to have a lawyer experienced in both arenas. At Napoli Bern Ripka, there is over 60 years of combined experience in dealing with cases regarding faulty medical devices. They have experience in dealing with large corporations and insurance companies that seem to intimidate others.

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6/25/2008
Oguz Ozdemir
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Medical Devices

A medical device is an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory .Some common medical devices that is useful for diagnostic and therapeutic purposes include: medical thermometers, blood sugar meters, surgical sutures and X-ray machines. The FDA has recognized three classes of medical devices based on the level of control necessary to ensure the safety and effectiveness of the device. Class 1: general controls (bedpans, examination gloves, & elastic bandages), Class 2: general controls with special controls (surgical needles, wheelchairs, & x-ray machines), Class 3: general controls with premarket approval (replacement heart valves, silicone gel filled breast implants, & implantable pacemaker). The classification procedures are described in the Code of Federal Regulations.

Product liability and medial device malfunction go hand in hand. Therefore it pays to have a lawyer experienced in both arenas. At Napoli Bern Ripka, there is over 40 years of combined experience in dealing with cases regarding faulty medical devices. They have experience in dealing with large corporations and insurance companies that seem to intimidate others.

Medical Malpractice

8/14/2008
Oguz Ozdemir
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Navigation System in Car Causes Trouble

Advanced technology has taken hold of our world, turned it upside down, and inside out. With all of the new technologies streaming through our nation, in it no wonder why the United States is one of the most technologically advanced countries in the world. The advances and efficiencies that have come about from new inventions, theories, modifications, and plans have allowed some of the most effective devices to be used by the public. What I am talking about is specifically is navigation system that are used in cars by the driver. When a driver is playing with the address or whatever on the Navigation screen, they are diverting their eyes away from the road and on the device.

Yes, Navigation systems can help decrease the amount of auto accidents when programmed correctly for they can avoid drivers from not knowing where they are going and thus making them able to drive more carefully. However when drivers use navigation systems as they are driving they are susceptible to causing an accident. Auto accidents are the number one killer of teenagers ranging in ages from sixteen to nineteen. Navigation systems have been the subject in a number of wrongful death cases due to the negligence of the driver operating the system. Since the driver did not carry out their duty of care to the other passengers in the car, as well as the other drivers on the road, the driver might be liable.

Wrongful death cases involve situations where someone or something fails to act in a responsible manner that causes a fatality. In these types of situations it can be very painful to think of anything other than how and why did this happen. It is very important for people to take the proper precautions when operating a very dangerous machine, such as an automobile. Even though technology has lent a helping hand to so many different areas in our world, some of these advances have been at the expense of people’s lives. Some people may argue that technology can take some causality so long as it betters the most people with the most amount of good. However, when someone’s life is involved I believe that this theory does not hold true.

Navigation systems in cars that are operated by the driver when driving have proven to be very dangerous to the lives of themselves and others on the road. Officials have suggested that the use of navigation systems by the driver while driving be illegal, much like the cell phone law in many st