Blog

News

Library

Napoli Bern Ripka, LLP Blog

Auto Accidents

8/25/2008
Oguz Ozdemir
Comments (0)

Tips to Prevent Auto Accidents

An auto accident can occur when you least expect it, thus preparing for an auto accident can seem quite difficult. Besides equipping yourself with insurance and a safe vehicle, there is not much more you can do. Being a safe driver earns points but when the number of cars on the road outnumbers you a million to one, you may be doomed from the start. A good rule to follow is to trust in your own driving abilities, not others. This is important to remember because you know how you drive, you know what makes you nervous and what doesn’t, you know what move your about to make next. On the other side you have no idea how they are going to react to an array of situations, therefore it is imperative to trust in your own driving abilities and to not guess what others on the road are going to do.

If you have a legitimate license, then you have been through the necessary training and know the rules. We all know the green means go, and what to do at a stop sign. However, not all of us are paying attention at all times. People may have something going on in their minds and are not paying attention to the parked car that they are heading straight for. In times like these it is once again a time to trust your skills. If you sense something then trust that sense, plan for what you would do if a car would start to merge into your lane instead of trying to figure out what the other cars are going to do. In doing this you are taking a proactive approach in trying to avoid an auto accident. Auto accidents can cause devastating effects resulting in death. A death taken from an auto accident is very disheartening due to the fact that it could have been avoided. Take it into your own hands to make the road a safer place and to make sure that you are not involved in an auto accident.

Lets face it, there are going to be those times where you could do nothing to stop an auto accident from occurring. For example, you are at a stop light in which a car from behind grits its teeth, reeve’s its engine and then proceeds to hit you from behind just because if feels like it. In this situation it is helpful to contact an auto accident attorney. For maybe that tooth grinning driver has claimed that you stopped short to make him collide into you for ulterior motives. Auto accident lawyers, Napoli Bern Ripka LLP have the experience needed to prove that the auto accident occurred by the fault of the engine rever. Auto accidents can occur at anytime, to anyone, at any place so it is in your best interest to be equipped with the best legal team possible. Napoil Bern Ripka LLP has over 60 years of experience, which translates into superior expertise.

Labels: napolibern.com, New York City

8/11/2008
Oguz Ozdemir
Comments (0)

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.

Labels: FDA napolibern.com,

7/31/2008
Oguz Ozdemir
Comments (0)

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

Labels: napolibern.com New York City

7/19/2008
Oguz Ozdemir
Comments (0)

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
Comments (0)

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
Comments (0)

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
Comments (0)

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

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

Labels: napolibern.com New York City

Labor Law

8/21/2008
Oguz Ozdemir
Comments (0)

Wal-Mart may be at fault for Violating Election Laws, Labor Unions to Question

It has been alleged that Wal-Mart was prompting its higher-level managers and supervisors that if the Democrat party wins, it would enable Wal-Mart unions it easier for workers to unionize companies. Wal-Mart told its employees that if the Democratic Party wins the election it would prompt employees to have to pay large union dues while getting nothing in return. Wal-Mart also told employees that if the Democratic Party wins if a strike occurs they will not be compensated as well as the possibility that fewer jobs could emerge as labor costs rise. “The actions by Wal-Mart, the nation's largest private employer, reflect a growing concern among big business that a reinvigorated labor movement could reverse years of declining union membership. That could lead to higher payroll and health costs for companies already being hurt by rising fuel and commodities costs and the tough economic climate.”

Wal-Mart addresses other serious issues in relation to the election in these meetings in which the top dogs at Wal-Mart do not specifically tell its employees to vote republican, but it makes it pretty clear what will happen if the Democratic Party prevails. If Barack Obama wins the November election it will be almost that a bill will be passed that will not give employees as choice as to whether a union will be put together. Employees of Wal-Mart who attended the meeting said that Wal-Mart’s advisors made it pretty clear on which way they wanted us to vote.

What is at the middle of this whole labor law equation is the Employee Free Choice Act. This legislation act is intended to allow unions to acquire millions of new members at a rapid pace. David Tovar, Wal-Mart spokesman said " We believe EFCA is a bad bill and we have been on record as opposing it for some time. We feel educating our associates about the bill is the right thing to do." However, it seems that Wal-Mart is not the only companies warning their employees what would happen if the Democratic Party won and the Employee Free Choice Act was passed. Laundry Co. Cintas Corporation has also been alleged with making the same types of claims as Wal-Mart. "We feel it's important that our employee partners fully understand the implications that the Employee Free Choice Act could have on their work environment and benefits," said Heather Trainer, a Cintas spokeswoman.

Labor law issues are something that is really important to large corporations due to the effects they have on the company. These labor laws are what will either enable or disable Wal-Mart to continue to offer its consumers the low prices they are accustomed to. Wal-Mart is able to provide consumers with such low prices because there overhead and labor costs are so low. This is a whole other issue to say if this type of behavior is ethical or not. Labor law issues are something that can completely devastates employee’s earnings and leave them struggling to make a decent life for themselves and their families.

At Napoli Bern Ripka LLP, our attorneys have the resources and the eagerness to litigate labor law cases. Our firm’s experienced attorneys 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 on Wal-Mart click here

Labels: napolibern.com, New York City

8/7/2008
Oguz Ozdemir
Comments (0)

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
Comments (0)

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

Labels: napolibern.com, New York City

7/9/2008
Oguz Ozdemir
Comments (0)

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

Labels: napolibern.com New York City

6/24/2008
Paul Napoli
Comments (0)

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

8/21/2008
Paul Napoli
Comments (0)

Lawsuit Issued do to Use of Illegal Kickbacks for Medical Devices

Intermedics-McCullough, a Pennsylvania medical supply manufacturer, is suing six other manufacturers for using illegal kickbacks to sell their medical devices to medical institutions, hospitals, and doctors alike. Intermedics-McCullough is stating that the manufacturers are offering these illegal kickbacks to have exclusive rights for their products to be sold despite the fact that they are more costly and are inferior to McCullough’s products. The medical devices in question are those in the orthopedic industry, specifically manufacturing replacement hip, knee, and joint implants. The six medical device manufacturers involved in the lawsuit are Zimmer Inc & Zimmer Holdings Inc, DuPuy Orthopedics & Biomet Inc, all of Warsaw, Ind, Smith and Nephew Inc. Of Memphis, Tenn.; Stryker Orthopedics of Mahweh, N.J and Stryker Inc of Kalamazoo, Mich.

Unfortunately these types of illegal kickbacks are more common than one might think. The revealing of the illegal kickbacks came from a federal investigation in New Jersey that found the six manufacturers in questions made worthwhile payments to doctors to get them to exclusively sell their products and recommend them to patients. Some of the companies in question agreed to over a $300 million dollar settlement. Since the settlement has come to a close, “some members of Congress have pushed for laws that would require better disclosure of payments made to doctors. The Physician Payments Sunshine Act, for example, would require companies to disclose all gifts, fees or other compensation of more than $500 a year.”

The reason why offering illegal kickbacks to doctors and hospitals is so harmful is because it offers an incentive for doctors to commit medical malpractice. Once a medical device is pushed on doctors for a large monetary amount, all bets are off and recommendations that might not be the best for the patients will be made. This type of behavior is indicative to someone who makes unethical decisions, which is not an appealing trait to have as a doctor. Since doctors are receiving a large amount of money for exclusively using the manufacturers products, they are going to recommend that product to patients even if it not the right medical device for the job. Doctors have even been known to recommend the medical device even if it will do good or even cause harm to a patient. This yupe of behavior is unacceptable and if you think you may have been recommended a medical device that was backed by illegal kickbacks, then contact medical malpractice lawyers at Napoli Bern Ripka LLP today.

If you or a loved one has been victim to medical malpractice due to medical devices being recommended to you because of kickbacks, contact a medical malpractice lawyer at Napoli Bern Ripka LLP. For they have the experience and knowledge to stand up to the insurance giants and the pharmaceutical companies. Instances of medical malpractice due to ill recommendations for medical devices is an emotional and trying time, in which you need the best support around to help you through. Napoli Bern Ripka LLP will be able to stand up for your rights while doing everything in their power to gain the compensation that you deserve. Contact a medical malpractice attorney today, to get back what was taken from you and help the illegal practices from medical manufacturers and doctors alike.

For the full article on illegal kickbacks click here

Labels: FDA napolibern.com, New York City,

8/5/2008
Oguz Ozdemir
Comments (0)

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.

For the full article click here

Labels: FDA, napolibern.com, New York City

7/19/2008
Paul Napoli
Comments (0)

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.

For the full article and more information click here

Labels: FDA napolibern.com, New York City,

7/8/2008
Oguz Ozdemir
Comments (0)

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.

Labels: napolibern.com New York City

6/25/2008
Oguz Ozdemir
Comments (0)

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
Comments (0)

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 states. This would help drivers to keep their eyes focused on the road and where they are going at all times. It would be okay, for the driver to still use the device however it would have to be programmed while the car was turned in the off position. Wrongful deaths due to auto accidents that are caused by futzing around with the navigation system is something that should be taken up with an attorney. Napoli Bern Ripka LLP has a legal team devoted to working with wrongful death cases and are willing and able to discuss your case.

Labels: napolibern.com, New York City

8/11/2008
Paul Napoli
Comments (0)

Medical Malpractice

Medical malpractice can become a very controversial issue if pursed in a certain direction. When kids are growing up they say they want to be an astronaut or a ninja but their parents chime in, “little Johnny is going to become a doctor or lawyer, isn’t that right.” Doctors are thought as the crème of the crop, the cat’s meow, and any other ridiculous metaphor for the big cheese you can think of. Doctor’s represent the top of the class and are thought of as healers, fixers, and miracle workers. However, what happens when they make a mistake causing serious injury or death to their patients. Are doctors still looked up to and idolized now? I don’t think so.

People are engaged in a dilemma that poses the following question trust the once trusted, or trust the proof. All of this time a person has put complete trust in their doctor revealing things that not even their spouses knows. However when a doctor breaks this trust it is hard for a patient to completely abandon them. In instances of medical malpractice sometimes patients that were harmed look the other way. People do this for a couple of reasons one being that they don’t want the person they have been seeing for years to get into trouble. I know this sounds wacky, but it is completely legitimate. People have put so much trust in their doctors that when it is broken they don’t want to realize that they might have made a mistake. Therefore a patient will not hire a malpractice attorney, will not file a lawsuit, and will not gain compensation that their doctor caused them.

When a trusted doctor commits medical malpractice another reason why a patient will not contact a malpractice attorney to file a claim is because they think it is their fault. This happens a lot because a patient thinks it is there body and therefore their fault. However this is false thinking because even though it is their body, the doctor has a duty of care to their patient. This duty of care includes coming up with the best treatment plan and performing it to the best of their abilities. When a doctor fails to live up to his or her end of the agreement it is their responsibility to face the consequences. This is when a malpractice attorney needs to be called by the patient so that they can litigate for proper compensation.

Patients also will think that suing their doctor will cause the community to look down on them. The same doctor that committed the medical malpractice against you has also been seeing others in your community. Therefore, if you file a lawsuit against both your and their doctor, it could cause problems for others as well. Whether it is having to get another doctor, or realizing that the doctor they trusted is not what he or she lived up to be. This could also be a good thing because people in your community might realize that the same doctor, who committed medical malpractice against you, also committed medical malpractice against them. Therefore the members in your community will more likely benefit from you filing a suit then from letting it go.

If you or a loved one has suffered medical malpractice contact Napoli Bern Ripka LLP to have your case looked at to see if you are legible to receive compensation. Napoli Bern Ripka has an experienced legal team ready and willing to take your case to the next level.

Labels: napolibern.com, New York City

7/31/2008
Oguz Ozdemir
Comments (0)

Medical Malpractice: Decrease In Insurance Rates

Over the past year we have been seeing an increase in gas, oil, and medical malpractice insurance. However, the latter may be seeing a trend in the opposite direction. ProMutual Group of Pennsylvania announced that there would be a decrease in it rates. An approximate 6% decrease has been issued to individual practitioners and surgeons. This drop in the rate applies to the base rate, which is constant throughout their medical industry that will be applied as of the first of July for both renewed and existing policies.
A six percent decrease in insurance prices is a big weight taken of the camel’s back, to say it one way. Doctor’s were really struggling to the high price of insurance premiums forcing them rethink about their future in the medical industry. Many doctors in retirement age were retiring early due to the increased costs. Other doctor’s were even quitting the business altogether. I heard about a doctor who recently quit has practice to become a blogger on the web. The wacky thing about this is that he claimed that he made more money than blogging due to the low overhead. The medical industry was panicking, to say the least.

Although insurance premiums had been high, it was deserved. The premiums were so high because medical malpractice was high as well. When doctors, nurses, and other medical professionals do not do their job correctly, it correlates directly to a negative impact on their patients. And this is something that the medical insurance companies could not rely on. The high cost of their premiums was at the fault of those needing it on a daily basis, the medical professionals. Since the rate of medical malpractice was so high, so would be true of medical insurance. However, there is some light at the end of the tunnel. Medical malpractice has seen a decreasing rate in medical insurance, because it has also seen a decrease in medical malpractice. This issue makes sense because it is based on a direct correlation. If practitioners in other states want to see a decrease in their medical insurance, then they have to maintain a safer office with less occurrences of medical malpractice.

One way to decrease the amount of medical malpractice is to not crawl on your hands and knees to large pharmaceutical companies. Although by no means does this apply to every company, pharmaceutical companies push high costing drugs to doctors while offering them generous incentives and perks. This is a sure way for doctors to be tempting these high costing drugs to patients that might not necessarily need it. The bad thing is that being prescribed medication that you might not need can cause harmful side effects and worsen your current condition. However, a decrease in the rate of medical malpractice insurance in Pennsylvania is a good thing. We hope to see an increase of decreased rates in other stated in the near future.

The decrease of medical malpractice shows that we are starting a necessary trend that needs to be kept up. Medical Malpractice cases are generally quite complex in which consulting a medical malpractice lawyer could help you tremendously. Contact Napoli Bern Ripka, for they have the knowledge and expertise to deal with medical giants. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients.

Labels: napolibern.com New York City

7/29/2008
Paul Napoli
Comments (0)

Wrongful Deaths Chalked up to Prescription Drug Use

Many deaths have been attributed to taking medication that end up causing more harm then good. A multitude of drugs used in surgeries, procedures, and those taken on a daily basis have affected the lives of our family and friends. Influence from the pharmaceutical companies on doctors, nurses, and medical institutions play such a big role in deterring what kind of drug you are administered, its ridiculous. Incentives such as lavish meals, vacations, and other types of luxurious are handed to medical professionals to makes sure that they prescribe certain drugs. These “certain drugs’ cost the consumer and arm and a leg, and they pay it because they trust their doctors. The other half of the time patients have no idea what kind o drug they are administered, such as in surgeries. This leads us to the example of a drug called Trasylol that was predominately used in heart surgeries.

Heart bypass surgeries done from the mid 90’s till 2007 used Trasylol to control bleeding among its patients undergoing the procedure. Trasylol was relatively expensive and was used in over 200,000 surgeries. However, it was found that Trasylol was linked to kidney failure, heart problems, and strokes resulting in death. The most concerning part of this whole ordeal is that Bayer Pharmaceuticals, the manufacturer of Trasylol, did their own study which proved that these negative side effects were linked to the use of Trasylol. The horrendous part is that Bayer did not give this information to the FDA in one of their meetings. Therefore Bayer could have stopped thousands of people from using their product; they could have saved thousands of lives. It was also found that using Trasylol increased the likelihood to 50% that the patient would die in five years following the use of Trasylol than if the patient used another comparative drug. Another issue with Trasylol is that it costs $1300 per dosage compared to $45 per dosage of another comparative drug. Not only is Bayer increasing patient’s risk of death by 50%, but they are also emptying their wallets. Wouldn’t you rather have a 50% less risk of dying and $1,255 in your pocket, than the alternative? Yes? I thought so.

It is estimated that over 20,000 deaths could have been avoided if Trasylol was not administered in heart bypass surgeries. Also if you do the math, $25,100,000 would have stayed in the hands of individuals instead of going to the pharmaceutical giant, Bayer. Maybe this lack of $25 mill is something that has contributed to our depleting economy. If the $25 mill was in our pockets today, it would give us a good start to salvaging our economy. So that is exactly what we intend to do. Wrongful death lawsuits due to many different pharmaceutical drugs are becoming prevalent all over the nation, in which people are taking a stand that we will not be victims of this drug and this pharmaceutical company.

If any of your family members have taken a drug that was prescribed by a doctor or medical professional that ended up dying because of it, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party. At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death 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.

Labels: napolibern.com, New York City

7/19/2008
Oguz Ozdemir
Comments (0)

New York Hospital Being Sued Over Death of Jamaican

The family of a Jamaican woman who died after being left unattended on the floor of the psychiatric ward at Kings County Hospital Centre (KCHC) in Brooklyn has slapped the public-run hospital and the City of New York with a $25-million lawsuit.
Tecia Harrison, the eldest child of the deceased, Esmin Green, filed the wrongful death notice yesterday. She is being represented by civil rights attorney Sandford Rubenstein. In an interview at his downtown Brooklyn law office yesterday, Rubenstein said what was important to Green's family was getting justice for their loved one.
Negligence obviously occurred in the New York hospital, which lead to the death of the Green. Whoever was responsible for the acts of neglect, as well as the acts of cover-up, should be held criminally liable under our system of justice, said Rubenstein. "What's important is that they get change, so that what happened to their mom never happens again to anyone else."He said while it had taken Green's tragic death to bring some much-needed reform at Kings County, this was only the beginning.
The family's lawsuit comes even as the Brooklyn District Attorney's Office and the City Department of Investigations continue their probes into allegations that hospital staffers changed Esmin Green's medical chart after she died. The medical record indicates that the sick woman was sitting quietly in the waiting room at 6:20 a.m. on June 19, the day she died. The security camera recording activities in the waiting room contradicted this claim, showing that Green had long fallen off her chair and was still lying on the floor at 6:20 a.m., finally receiving attention some-20 minutes later.
"It's clear from the timeline that exists that records were falsified with regard to what happened," Rubenstein noted. Harrison, Green's 31-year-old daughter, at first said she would not view the tape showing her mother's final moments, but yesterday looked at snippets of it at her lawyer's office. "I had to see what my mother went through, although I couldn't face all of it," she told The Gleaner. "It was heartbreaking, horrifying. A piece of me died when I saw my mother fall on the floor," she added.Green's body has been flown home to Jamaica, where the funeral will take place on Sunday at Point Hill, St Catherine.
If any of your family members had an accident or incident that was caused by the negligence, malicious intent, or carelessness of another party, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party. At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death 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
For the full article click here

Labels:

7/11/2008
Paul Napoli
Comments (0)

Medical Malpractice NY Case: Women Awarded $17 Million

Brenda Schenk, a resident of Henrietta New York, was awarded $17 million in damages for past and future injuries, pain, and suffering. This incident unfortunately happened as Schenk was anticipating the birth of her child. Strong Memorial Hospital was deemed liable for medical malpractice involving the poor decision making regarding Schenk. Schenk had a kidney and pancreas transplant in 1995 for her type 1 diabetes treatment. Once Schenk gained control of her treatment, she got pregnant in 2003 with the go ahead from doctors. This was the fatal mistake that cost the hospital $17 million in damages and their reputation of practicing medical malpractice. The medical malpractice suit alleged doctors failed to plan properly for her pregnancy and neglected to notice that they had cut the connection between her pancreas and bladder during a Caesarean delivery, causing pancreatic fluid and urine to leak into her abdominal cavity.

After the C-Section, corrosive fluid burned Schenk's organs, ate through her abdominal wall, and required doctors to remove her pancreas. After the birth of her child, Schenk under went 7 surgeries to remove dead tissue, drain infections, and repair her abdomen. Schenk’s attorney stated that, “her diabetes has worsened and that because of the damaged abdominal wall, she cannot undergo another pancreas transplant or — if her kidney fails — another kidney transplant. She also uses several pain medications and has trouble moving.”

Strong Memorial Hospital representatives were not pleased in the verdict and their intentions to appeal. A Strong Memorial Hospital official said: "We deeply regret the complications suffered by Mrs. Schenk, yet given what the medical team knew at the time of her delivery, we stand behind the decisions that were made." The actions of Strong Memorial Hospital are following suit of other hospitals that are taking responsibility for their actions. Even though they are not thrilled to be paying that sum amount of money, it is a good sign that they are not going to appeal the decision. There is no reason to put any more stress and heartache on the Schenk family, for they have undergone their fair share.

In a case like this it is important for all involved to use the situation as a learning device. Even though the outcome of the situation is not pleasant from either side, using the mistakes to gain further knowledge is something that must be achieved. Isn’t that what we were told when we were young to learn from our mistakes. However, it is never a good situation when this learning happens at the expense of someone else’s health. Allowing the pressure of insurance companies to influence decision making, doctors are increasingly making more misdiagnoses and medical errors.

If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. With 60 years of experience, Napoli Bern Ripka has the knowledge and expertise to deal with medical giants. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients.

For the full article on Medical Malpractice click here

Labels: napolibern.com New York City

7/1/2008
Paul Napoli
Comments (0)

Medical Malpractice: Doctors Confront Patients with an “I’m Sorry”

In Chicago, what seemed to be a normal C-Section Procedure on Marina Del Rosario Valdez turned out to be just the opposite. When performing the surgery, Dr. Tapas K. Das Gupta mistakenly left an electrode inside the Chicago native. Gupta had no past instances of any type of medical malpractice, so he did what he thought anyone who made a mistake would do, apologize. Dr. Tapas K. Das Gupta wasted no time in admitting his fault to Valdez, in which the hospital quickly acknowledge the mistake and arranged for its removal free of charge in a timely matter.

Medical Malpractice is becoming more of an issue these days due to pharmaceutical giants & insurance corporations trying to increase efficiency at every end of the industry. An article in the NYtimes says, "For decades, malpractice lawyers and insurers have counseled doctors and hospitals to "deny and defend." Many still warn clients that any admission of fault, or even expression of regret, is likely to invite litigation and imperil careers." Pharmaceutical companies pushing new drugs down doctors throats, makes them more susceptible to misdiagnose. Misdiagnoses will lead to patients demanding actions against medical errors drawing in lengthy legal processes. Therefore hospitals and medical centers will take the disarming approach.

By admitting faults and mistakes in a timely manner while offering sincere apologies, hospitals are trying to diffuse the patient’s anger which usually is the fuel that fires litigation and lawsuits. Malpractice lawyers are saying that the urge to go forward with medical malpractice litigation stems from doctors and hospitals using the defend and deny approach. Patients are not only concerned about their own safety, but they do not want it to happen to others in the future.

At the University of Michigan Health System, one of the first to experiment with full disclosure, existing claims and lawsuits dropped to 83 in August 2007 from 262 in August 2001, said Richard C. Boothman, the medical center’s chief risk officer. This proves that coming clean benefits both sides of the confrontation. "Improving patient safety and patient communication is more likely to cure the malpractice crisis than defensiveness and denial," Mr. Boothman said.

Recent studies have found that one of every 100 hospital patients suffers negligent treatment, and that as many as 98,000 die each year as a result. But studies also show that as few as 30 percent of medical errors are disclosed to patients. –

Source NYtimes article

If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients

Labels: napolibern.com New York City

6/18/2008
Paul Napoli
Comments (0)

Medical Malpractice

The increasing rate of prescription drug use among today’s society calls for a closer look into what doctors are prescribing. Drug counselors across the nation are hearing more stories about teenage pill popping parties. Mixing prescription drugs can cause for many visits to the emergency room. The reason for the popularity in this type of drug use is because it is easy to obtain and is a more socially acceptable way of getting high than taking street drugs. The increasing availability to obtain these prescription drugs is a big reason for their abuse.

Trying to reduce the amount of prescription drugs on the black market, authorities have tried to shutdown “pill mills”, where doctors prescribe inordinate amounts of narcotics. These doctors are prescribing people with a large amount of certain drugs that tend to make users dependent on the drug. The FDA and other anti-drug officials have noted that they did not expect to see such an escalation in the use of prescription drugs. This is in part due to the fact that most government programs are focused on marijuana, tobacco, alcohol, and methamphetamine use.

Pharmaceutical companies around the globe are giving incentives to doctors who prescribe patients with their drug. In many cases these drugs may do more harm than good and can cost patients an arm and a leg. In such cases it pays to have an attorney experienced in medical malpractice cases. Napoli, Bern, Ripka (New York based personal injury attorneys) have quality experience in dealing with medical malpractice lawsuits. Allowing the pressure of insurance companies to influence decision making, doctors are increasingly making more misdiagnoses and medical errors.

Labels: napolibern.com New York City

Personal Injury

8/18/2008
Oguz Ozdemir
Comments (0)

Top Contenders for the Most Common Personal Injury Incidents

Lets face it, Personal Injury incidents can occur in any way shape or form. Whether it happens because of the negligence from another, or by the victim itself, personal injuries are one of the most common forms of death. Everyone has heard of freak accidents where someone has faced death and not prevailed. In everyday life circumstance, you face a multitude of obstacles that might seem harmless could be considered as the most commonly forms of personal injury. Yes, millions and billions of people live everyday on this earth without facing death, and seem to do ok. But there are those who do face the same obstacles and do not come out successful. Well here are the top contenders that you should be aware of so that if you face it first hand you can be prepared.

A strong competitor is construction accidents. Construction accidents occur because of faulty equipment, poor safety standards, and sub par training programs. They can occur at the faults of the construction company by not providing these essentials. Individual construction workers can also be to blame if they show up to work under the influence of a controlled substance. Also, other construction workers at the site can cause injury to another by not performing their duty of care. Construction accidents are common in big cities where construction work is heavily needed and renovated.

Another contender is auto accidents. Auto accidents can occur in a split second and can cause devastating effects. Auto accidents can occur to due to a multitude of reasons in which sometimes it can be hard to prove who was act fault. Auto accidents occur frequently when drivers are unfamiliar with new areas when they make sudden turns and movements. Auto accidents not only cause damage to the autos involved, but also when injuries are incurred it makes the accident turn into a whole other story. An injury that occurs during an auto accident can incur costly medical bills as well as a loss of wages.

The last contender is medical malpractice. Medical malpractice is in the lead due to the variety of complications that can come about falling victim to this personal injury issue. Medical malpractice can occur from a true accident, or even a contrived one. Medical malpractice involves misdiagnoses, giving out the wrong prescription, errors in surgery, as well as bad treatment plans. Medical malpractice is an epidemic that is sweeping the country, in which insurance rates have risen to try to curtail the issue. Construction accidents, auto accidents, and medical malpractice are all areas of personal injury that cause thousands of lives a year. By consulting with a Personal injury lawyer at Napoli Bern Ripka, LLP you will be equipped with the best legal team needed to fight against all of these personal injury threats. Napoli Bern Ripka LLP has the much needed and experience necessary to prevail over all of threats out there in the worlds.

Labels: napolibern.com, New York City

8/7/2008
Paul Napoli
Comments (0)

Late-Notice Rule in New York is now in the hands of the Insurer

In 2009, no longer will New York allow a personal injury or wrongful death insurer to file to claim coverage because of a late notice. This new rule will stand despite the fact or not if the insurer experienced harm by the postponement. Governor David Paterson signed the bill that also permits an injured party to seek a judgment for either personal injury or wrongful death. This would allow the petitioner to determine if the extent of the insurance coverage would be worth pursing. Those who opposed the bill said, “it will somewhat level the playing field between insurers and consumers when insures fail to file claims for injuries deemed late for coverage.” This latest law will not allow insurers to disclaim coverage for claims that are past their term, however if they can prove that they were “materially prejudiced” by the postponement they may be able to get out of the new law.

The bill however only has been put into effect in the following states: New York, Nevada, Illinois, Mississippi, Colorado, Arkansas, and Georgia. Theses are the only states that support the law to have a “no predujice” rule disclaiming coverage for claims made past their allotment of time."It was anomalous for so long that New York would allow denial of coverage for claims considered late by insurance companies," said attorney Marshall Gilinsky of Anderson Kill & Olick. "We always thought of it here as a trap door, as a 'gotcha' defense." Those who are in favor of the bill comment that the old way was unfair to those holding that specific policy. This new law has also been revised to lessen the amount of people looking to seek damages that have been denied coverage for having late notices.

The new law will enforce a way of proof in which the responsibility will be on both the insurers and those who hold the insurance policies. Within the first two year of the happenings of the accident the insurer will have to prove how they were prejudiced by claims. And after two years of the accident, the policy holder will have to prove that insurers were not biased by the postponement. A main condition of the new law was made to lessen the number of times the injured party continue on with the claim based on little substance. This new law is going to apply to wrongful death or personal death coverage and nothing else. The new law will also forbid disclaiming coverage relying on late notices unless insurers could prove that they experienced biased tendencies because of the postponement.

Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka LLP, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered.

For the full article click here

Labels: napolibern.com, New York City

7/28/2008
Oguz Ozdemir
Comments (0)

Personal Injury: Summer Time and the Living Ain’t So Easy

It’s that time of year again, summer. The days are longer, the sun is brighter, and unfortunately the number of personal injuries is also greater. The kids are out of school and people are taking off for vacations all over the world. It seems as though this time of year for relaxing and taking a load off. However, the abundance of sunshine and time is not the only thing we should be focusing on. There are things we should be aware of in the summer months that might be more dangerous than we think. Here are some following tips to think of when you are soaking in the summer sun.

Vacations: everyone takes the opportunity to get away from the grueling day to day work in the summer months. When going overseas we have to be very observant of different laws and regulations. Make sure you put your passports in a safe place so that there are no confusions. Alcohol is a big ticket when people are on vacation. They are there to let loose and have fun. That is fine, just be careful when getting your drink and make sure that you see the bartender pouring it. When trying out new activities such as water skiing, wakeboarding, and other thrilling activities make sure to brush up on the do’s and don’ts. Being prepared and fully aware of what is going on is crucial. Make sure that your kids are of age to participate in the activity so that it is a safe and fun adventure for everyone. Also, when on vacation don’t throw your morals out of the window. If you wouldn’t do something at home, don’t do it in a foreign place. When searching for things to do, as for the advice from the hotel staff. Most likely they will have the name of numbers of certified tourist books that will help you to choose the right and safe things to do.

Kids: now that the kids are out of school, there is a whole world of trouble to get into. If you and your spouse are both working, look into sending the kids to a day camp. This will be a safe place for you kids to be kids, while also having the supervision of adults. Make sure that your kids have things to do, then they will be less tempted to get into different types of activities where they could get hurt. If your kids are going on a vacation on another family or relative make sure that you go over the terms and conditions with them as well as the other family. Set ground rules so that they know what they can and can’t do while on their own.

Holidays: Memorial Day, the fourth of July, Labor Day, and all other types of holidays are a susceptible for personal injury. Fireworks are pretty much self explanatory. Don’t let kids use them without any adult supervision. Be careful when setting up bonfires, grills, and any other activity involving fire for it can get out of hand pretty quickly. Don’t use any type of plastic stemware when eating around a campfire for the plastic and toxic. If on a boat for the occasion, make sure that all the safety procedures are in place and are working.

Almost 100,000 people die per year in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Even when taking such precautions injury resulting from fireworks does occur and can cause devastating injuries. Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered.

Labels: napolibern.com, New York City

7/10/2008
Paul Napoli
Comments (0)

4th of July Firework Festivities: Cause of Fun or Personal Injury

As this time of year rolls around, celebrators who set out to have a good time enjoying the 4th of July festivities end up becoming injured by fireworks. Hospitals, clinics and other medical facilities treated more than 21,000 injuries related to fireworks in 2007, according to statistics from the U.S. Consumer Product Safety Commission cited in a news release from the American Academy of Orthopaedic Surgeons. Children and teens younger than 17 years old sustained 11,000 of those injuries.
Most of the cases that occur on the 4th of July tend to be burn victims, Dr. Bill Hampton, an emergency room physician at Holy Family Memorial Medical Center. Bottle rockets are notorious for eye injuries because injuries can come from bending over them or from throwing them at each other.
Besides causing personal injury, use of fireworks also can lead to fires. Deputy Chief Gregg Kadow of the Manitowoc Fire Department said in a news release more fires are reported on July 4 than any other day, and half are the result of fireworks. Citing statistics from the National Fire Protection Association, he said fireworks caused more than 1,800 structure fires and 700 vehicle fires in the latest reporting period.
It is inevitable that people are going to be playing with fireworks; therefore it should be reinforced that the handling should be made by parents and adults. Adults who are going to light fireworks need to be aware of what they have and how it will react, said Two Rivers Fire Chief Kevin Timm. They should light fireworks on blacktop or concrete, not grass, and make sure the device is stable, so it won't topple over. It may be tempting to try to relight fireworks that don't go off the first time, but that's asking for trouble, according to the experts.
The Consumer Product Safety Commission and National Council on Fireworks Safety advise people never to reignite fireworks that malfunction. Here are some recommendations to practice when dealing with fireworks: Always read and follow label directions, have an adult present, buy from reliable fireworks sellers, ignite outdoors, have water handy, never experiment or attempt to make your own fireworks, light one at a time, never give to small children, store in a cool, dry place, never throw fireworks at another person, never carry fireworks in your pocket, never shoot them in metal or glass containers, & dispose of properly.
Every year more than 90,000 people die in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Even when taking such precautions injury resulting from fireworks does occur and can cause devastating injuries. Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered.

For the full article on Fireworks click here

Labels: napolibern.com New York City

6/26/2008
Paul Napoli
Comments (0)

Personal Injury

Every year more than 90,000 people die in an unintentional injury in the United States. The injury, whether intentional or not, may either be physical or emotional that arises from many different circumstances. Some of the most common types of personal injury cases include road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, defective product accidents and holiday accidents. When the accident was at the fault of another due to negligence on their behalf, compensation may be entitled to the victim.

Since personal injury includes such a broad number of categories, it is important to know how to go about determining the worth of your case from the beginning. Insurance companies use formulas to draw up an estimate so that you have an approximate number of what your personal injury claim is worth. Having this information proves to be very valuable when used to aid in the computing of the calculations. Thus when negotiations begin, you will have a good idea to what monetary value to strive for.

Personal injury lawsuits can get lengthy and become costly therefore it’s crucial to hire an attorney that knows the industry well. In recent years, there has been an increased use of mediation in solving personal injury cases. Mediation has been one of the most sought after ways in determining a reasonable settlement for personal injury cases.

Since personal injury is such a specialized concentration, it is important to choose an attorney who focuses specifically on these types of cases. We also know when going through a personal injury lawsuit it can be a trying time in your life as well as in the lives of your family and friends. It is important however to take the steps needed in a timely fashion so that you are able to get the most out of your claim. Personal injury lawyers, Napoli Bern Ripka, have the experience necessary to take your case forward and enable you to understand how to proceed. They have access to the top resources needed to get the settlement you deserve, not what is offered. They are proficient and have deemed successful in personal injury topics such as: medical malpractice, auto accidents, wrongful death, products liability, labor law, and medical devices.

Products Liability

8/21/2008
Paul Napoli
Comments (0)

Class Action Product Liability Case Against DaimlerChrysler Failed

The class action product liability case against DaimlerChrysler was put to rest as the judge sided with the defendant because it was proven that the plaintiffs did not incur problems with head gaskets until after warranty expired. The delayed filing of the class action suit also played a part in the failure of the suit because the complaint was filed after the statue of limitations had run out. The class action suit had alleged that the Neon, manufactured by Dodge, was built with defective head gaskets. The class action case’s complaint sited that DaimlerChrysler broke their duty of express and implied warranties, as well as committing fraud. However, the judge did not find this to be true and found that the plaintiff’s Dodge Neon was no longer under warranty when it began experiencing problems.

In dealings like these not only was the vehicle no longer under warranty, but the statue of limitations was also expired. A big issue for the defense was that the vehicle’s head gasket had already lived through its guaranteed warranty of 3 years or 36,000 thousand miles. What was also said was that upon being sold, the Dodge Neon’s head gaskets were already defective because they were not meant to last forever. Therefore once the head gasket had lived past its warranty without any problems, it was deemed not liable. In a products liability case it is necessary to prove that a duty of care was established and one of the parties breached that contract. In this case Dodge Neon had a duty of care for as long as the warranty was upheld

This instance of product liability is something that can appear to be very controversial because of the commitment and responsibility of the individual dealerships. When plaintiffs go above and beyond a reasonable claim, the dealership will fight it. However, if the claim is semi reasonable the dealership might settle the suit just to stay in good standings with their consumers. In businesses that sell products and services that have fierce competition, reputation is everything. There having a negative product liability suit against a dealership is something that is looked very downed upon. DaimlerChrysler did the right thing in fighting for the reputation of their business because they filled all obligations and contracts.

Products Liability cases can be hard to prove due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence. It is here where an experience team of lawyers can help you can determine how you can proceed with your case. Napoli Bern Ripka has the experience in finding the evidence necessary to show the contrary. Napoli Bern Ripka is a premiere personal injury firm having over 60 years of experience combined. Paul J Napoli and Marc J Bern are Super Lawyers, Members of Law Dragon which represent top performing lawyers. They have access to the top resources needed to get the settlement you deserve, not what is offered.

Labels: napolibern.com, New York City

8/7/2008
Paul Napoli
Comments (0)

Product Liability: Peanut Butter Case Ruled Negative for Class Action Suit

It all started with a batch of Salmonella tainted peanut better, which was found in ConAgra the producer of Peter Pan and Great Value peanut butter. A class action suit was being put together and was brought to court, in which the judge determined that filing a class action suit would not be the most efficient way to distribute compensation because there are two different classes of people involved with the litigation. The first group consisted of people who bought the peanut butter containing salmonella bacterium, and the second group is those who got sick or died from consuming the tainted peanut butter. The judge rules for ConAgra to pay $33million dollars to Peter Pan retailers and consumers would be a far more efficient settlement than continuing on with a class action suit.

Jude Thrash explained, “Under the plaintiffs' trial plan, at least 6,000 individual trials on exposure, injury, causation, damages and other individual issues will have to be prosecuted whether or not a class is certified, presumably by the lawyers already retained by the personal injury claimants. This is not a case where class certification avoids clogging the federal courts with innumerable individual suits litigating the same issues repeatedly. ... If class certification is denied, these cases will go forward in essentially the same manner they would if a class were certified, only without an expensive, unnecessary, meaningless and largely uncontested 'common' issues trial." However, the plaintiff’s lawyers announced that they were not happy with the ruling. Despite the Product Liability case, there were also a number of cases filed with different state courts, however there has been no decision as to whether they will be deemed valid or not.

After the 2007 recall of ConAgra’s product of Peter Pan peanut butter, it was found that the plant had traces of salmonella, which is a very poisonous bacterium that can cause nausea, diarrhea, and stomach pain. When ConAgra realized that the bacterium was taking home in its plant, they closed the plant. During this investigation it was found that on 20% of peanuts contained the conditions for the bacterium to replicate. It was reported by the Disease Control and Preventions that in 2007, over 600 people in 48 states had been affected with the bacteria after eating ConAgra’s brands of peanut butter. Over 70 people were hospitalized containing symptoms synonymous to salmonella poisoning. As far as the ruling held by Judge Thrash to recover damages goes, deemed that because there were so many different claims brought to court that it would be impossible to bring up as a class action suit. Also judge Thrash noted that, "The many differences among jurisdictions would prevent the Court from finding that common issues of law predominate on this claim." It was made known however than anyone who bought the contaminated peanut butter is able to get a full refund.

For the full article click here

Labels: napolibern.com, New York City

7/28/2008
Oguz Ozdemir
Comments (0)

Pet Food Recall: Products Liability Class Action Settlement

If you, a family member, or friend recently bought pet food and or treat products after March 16, 2007, that your pet consumed, you might be legible to join the class action product liability suit. The settlement known as, Pet Food Products Liability Litigation, MDL Docket No. 1850, Civil Action No. 07-2867, is with persons that distributed, handled, purchased for resale, supplied, manufactured, sold, or offered for sale. This includes pet food and or treat products for pets that may have contained contaminated wheat gluten or rice protein concentrate. These products were recalled beginning in March 2007, and any company or person who has sold these products after the recall is liable for the consequences.

The settlement is viable in both the United States and Canada and includes pet food brand such as: Feline Classic, Giant Companion, Hill’s Country Fare, Iams, Master Choice, NutriPlan, Paws, Pet Pride, Wegmans, Natural Balance, Dollar General, Jerky Treats, Hannaford, ALPO, Pet Life and many more (for a complete listing of recalled products click here). Manufacturers that have been cited include the following: American Nutrition, Chenago Valley Pet Food, Menu Foods, American Nutrition, Del Monte, Diamond Pet Food, Nestle-Purina, Royal Canin, Sierra Pet Products, and Sunshine Mills.

After the recall was established in March of 2007, these companies still distributed and sold the left over products to the public. This poor behavior on behalf of the pet food companies resulted in contamination of their products that was resold after they knew the recall existed. People who purchased the pet food and or whose pet consumed the recalled pet food products were damaged and that some pets were taken for screening, or may have became sick and may have died. The pet food companies that sold the recalled products agreed to create a twenty-four million dollar cash settlement fund. Eligible consumers and or pet owners may receive a cash payment for up to 100% of all documented economic damages they incurred related to their purchase of or their pet's consumption of the recalled products. Economic damage means the expenses you incurred related to your purchase or your pet's consumption of the Recalled Pet Food Products, including Veterinary bills, medication expenses, and other expenses such as lost wages and property damage.

Besides recovering economic damages incurred related to the purchase of recalled products causing their pets harm with the proper documentation, consumers may also be able to receive up to $900 per pet who don’t have proper documentation. Consumers will have to complete a claim and give specific information about their economic damages.

This settlement is open to both United States and Canadian residents; however there are different timelines that are being established. Products Liability cases can be hard to prove due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence. It is here where an experience team of lawyers can help you can determine how you can proceed with your case. Napoli Bern Ripka has the experience in finding the evidence necessary to show the contrary

For more information on the Pet Food Recall click here

Labels: napolibern.com, New York City

7/7/2008
Paul Napoli
Comments (0)

Lead Paint Ruling Overturned: Product Liability at Issue

The product that caused more than 30,000 children to be poisoned is a lead based paint manufactured by Sherwin-Williams Company, NL Industries, and Millennium Holdings. In this product liability case, the three companies were subject to pay billions of dollars to clean up contaminated paint around the state. However the companies had asked the Rhode Island Supreme Court to overturn a jury verdict of Feb. 22, 2006. On Tuesday, the court did just that. The Rhode Island’s top court overturned the landmark decision holding the companies not liable.

The lead in paint is added

to speed drying, increase durability, retain a fresh appearance, and resist moisture that causes corrosion. Paint with significant lead content is still used in industry and by the military. Although lead improves paint performance, it is a dangerous substance. It is especially damaging to children under age six whose bodies are still developing. Lead causes nervous system damage, hearing loss, stunted growth, and delayed development. It can cause kidney damage and affects every organ system of the body. It also is dangerous to adults, and can cause reproductive problems for both men and women.

It all started about 10 years ago in which the case was the first in the country seeking to hold pain makers responsible. The reason why this case is such a big deal is because Rhode Island’s decision could influence court decisions in other states, counties and cities where lead-poisoning lawsuits are pending. The lead paint case had drawn comparisons to the tobacco lawsuits that ultimately led to a settlement that cost cigarette makers more than $200 billion. The Rhode Island Supreme Court said the state failed to "establish that defendants interfered with a public right or that defendants were in control of the lead pigment they, or their predecessors, manufactured at the time it caused harm to Rhode Island children."

The three companies made their product available to the public and thus are held responsible for the injuries that the lead pain caused. However, a products liability claim is based on the following causes of action: design defect, manufacturing defect, & failure to warn. It is often hard to prove negligence in product liability cases due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence.

Although, the decision was overturned and the paint manufacturers are not liable, who is? What happens to the victims that were exposed to the toxic paint? Napoli Bern Ripka is a premiere personal injury firm having over 60 years of experience combined. Paul J Napoli and Marc J Bern are Super Lawyers, Members of Law Dragon which represent top performing lawyers.

They have access to the top resources needed to get the settlement you deserve, not what is offered.

For the full article on the landmark decision click here

Labels: napolibern.com New York City

6/27/2008
Oguz Ozdemir
Comments (0)

Product Liability

Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others that make their product available to the public are held responsible for the injuries that their products cause. A products liability claim is based on the following causes of action: design defect, manufacturing defect, & failure to warn. Common cases in product liability include pharmaceutical, tires, automobiles, trucks, children’s products, aviation components, medical devices, forklifts, all-terrain vehicles, military equipment and railroad equipment. Whether it was the Firestone Tire recall to numerous toy recalls, these defective products cause many injuries that involve serious medical problems and fatalities.

According to Section 102(2) of the Uniform Product Liability Act, product liability includes "all claims or action brought for personal injury, death, or property damage caused by the manufacture, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling of any product." Product liability has become a popular topic among manufacturers and anyone involved or in fear of breaking this law. Small businesses must be specifically aware of their responsibilities under product liability due to their limited resources. All businesses should not only be aware of their responsibilities, but they should also be up to date about the proper warnings on products and labels. Also including warnings about potential hazards in regards to materials & ingredients.

There are four main elements that must be present for a product liability case to be considered under the negligent tort principles: 1. the particular defendant owes a duty to the particular plaintiff to act as a reasonably prudent person under the same or similar circumstances. 2. There is a breach of such a duty by the defendant—that is, a failure to act reasonably. 3. There is an injury, including personal injury or property damage. 4. There is a causal link between defendant's breach of duty and injuries sustained by the plaintiff. This concept of negligence emprises everything from the product design to the testing of materials, are all susceptible to negligence.

It is often hard to prove negligence in product liability cases due to the fact that manufacturers must only show that "ordinary care under the circumstances" was applied to avoid liability for negligence. It is here where an experience team of lawyers can help you can determine how you can proceed with your case. Napoli Bern Ripka has the experience in finding the evidence necessary to show the contrary

Wrongful Death

8/25/2008
Paul Napoli
Comments (0)

Wrongful Death In Nursing Home

Children that choose to put their parents in a nursing home have to go through a difficult decision making process. Nursing homes have the capabilities and facilities to care for a parent that no child would be able to. A 24/7 staff is there to tend to every care that an elderly person might need. The assurance that medical help is only a moment away is a very assuring thought. A nursing home also gives an elderly person activities and a social program that enables them to live out their days in the best manner possible. But what if a nursing home turns out to be a nightmare instead of a safe haven. It turns out that medical negligence has been seen in nursing home across the country. The fact of the matter is that some nursing homes take advantage of the elderly and not provide the type of assistance that one may need.

Another instance of a lack of care situation was at a nursing home rehabilitation center in Seattle. The Steele family felt that their daughter was not properly cared for. Lee Ann Steele was turned over to the rehabilitation center after suffering from a stroke. She was supposed to use the rehabilitation center as a crutch to lean on in her time of need. Ms. Steele’s tube ended up getting corroded with mucous which caused a lack of oxygen leading to brain damage. Steele’s complications from the rehabilitation center ended up causing her death. Instances like Lee Ann Steele’s are more common that you might think. Extendicare Homes Inc the owner of the nursing home facility has been sued over this wrongful death case in which the allegations charged were that “Extendicare violated consumer-protection laws by advertising quality standards above government regulations and failing to deliver.”

Steele’s family is file the suit as a class action suit because they have come to see that thousands have suffered from Extendicare’s negligence. This type of action by a nursing home is something that no one should be put through and that more than one person has suffered is enough to put their business to a halt. Extendicare is a large nursing home company that has over 250 facilities nationwide. For a company that promotes safe healthcare and rehabilitation to fail at caring for their patient’s well being is something that should not be happening. People who have suffered from Extendicare should contact a wrongful death lawyer at Napoli Bern Ripka. Suffering from an occurrence of wrongful death is no easy situation.

At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death cases. Our firm’s experienced attorneys 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. We speak for them in the legal arena and we make sure they have someone to talk to when they are ready.

For the full article on the Steele’s struggle on wrongful death, click here

Labels: napolibern.com, New York City

7/2/2008
Oguz Ozdemir
Comments (0)

Scott Peterson Wrongful Death Trial Continues....

Convicted killer, Scott Peterson, will be held in trial again over the wrongful death of his wife Lacey Peterson and his unborn son Connor. His former in-laws are seeking a multimillion-dollar civil judgment against him.

Judge Roger Beauchesne ruled Friday that Peterson's conviction and death sentence would not speak for themselves during a wrongful death trial. Beauchesne stayed his ruling until June 23 to allow lawyers to appeal. Peterson is still insisting that he is innocent and is a victim by the substandard investigation held by the Modesto police.

The trial is set to begin July 8 and should take about five weeks, said Gourjian, an associate of attorney Mark Geragos, who represented Peterson during a trial that garnered nationwide attention.

Attorneys for Laci Peterson's father, Dennis Rocha, and mother, Sharon Rocha, argued that the facts of the case were already settled. Beauchesne disagreed, saying there were still issues in the case sufficient to be re-tried.

Attorney Adam Stewart of Modesto, who represents Sharon Rocha, said Peterson can end the litigation any time he likes by agreeing to a monetary judgment of $10 million or more.

If any of your family members have an accident or incident that was caused by the negligence, malicious intent, or carelessness of another party, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party. At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death 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.

Scott Peterson likely faces second trial in wrongful death case, MiamiHerald.com, June 6, 2008

Labels: napolibern.com New York City

6/16/2008
Paul Napoli
Comments (0)

Wrongful Death

The recent crane accident in New York City is just one example of negligence that unfortunately occurs all the time. In this case as well as other fatal accidents such as: a car or motorcycle accident, drowning, negligence in a nursing home, death by a drunk driver, or an accidental death by a gun, it is best to take legal action as soon as possible. We know that this can be a difficult subject to talk about, however to help these types of situations to occur less in the future, it is imperative for the public to learn from others mistakes.

A wrongful death is a claim in common law jurisdiction against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Investigators are examining in the crane accident how a worn-out part was taken off a construction crane last year, rebuilt and installed on another crane, which collapsed last week in an accident that killed two workers. The wrongful death of the two workers is a tragedy that occurred due to negligence. Since most wrongful deaths are based on negligence, you will need to prove that the wrongdoer had a duty to act in a certain duty, and that person breached their contract to act in a responsible manner, which cause a death.

A wrongful death could occur as a result of a variety of situations, including: Occupational exposure to hazardous conditions or substances (e.g. toxins), Automobile, bus, train airplane or other common carrier accident, Death during a supervised activity (sports tournament, field trip, etc.), Neglect or abuse on the part of a nursing home that results in decedent’s death, or Medical malpractice that results in decedent's death. All of these situations classify as a wrongful death in which compensation

At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death 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. We speak for them in the legal arena and we make sure they have someone to talk to when they are ready.

Trasylol

6/11/2008
Paul Napoli
Comments (1)

Trouble for Bayer as Lawsuits Draw Near

The suspension of Trasylol, a drug used in heart surgeries sales that has been proven to be fatal, has caused for much talk. Trasylol lawsuits from the families of those affected by the drug’s side-effects will be filed soon, and a Trasylol class-action lawsuit can not be far off. With fatalities over 22,000, Bayer is going to be struggling to find a way out. The drug was speculated to have problems back in 2006, yet it was still approved by the FDA. The reason for this is that Bayer failed to present their research about the relation of kidney failure & Trasylol to the FDA in their September 2006 meeting. The chairman of that FDA advisory panel, Dr. William Hiatt, said that he would have voted for a Trasylol recall back in 2006 if Bayer had not withheld the data from their study

The high cost of Trasylol has also posed questions due to the fact that it was a lot more expensive at $1,250, than of competitors at $150. This makes us wonder if Bayer was not only producing a defection medication, but also gouging prices from those who were administered Trasylol. What we do know is that Bayer is going to need more than a drug to cure there worries

Napoli Bern Ripka LLP is an experienced firm in the medical negligence field and can provide you with the right information on how to proceed with your case. If you or a loved one have suffered as a result of Trasylol side effects such as kidney failure, heart attack, or stroke you may be entitled to compensation. We are here to help you questions that you may have regarding Trasylol side effects, a possible Trasylol class action lawsuit, or any other type of Trasylol litigation.

Labels: napolibern.com

6/11/2008
Paul Napoli
Comments (0)

Bayer Recalls Popular Drug Used In Heart Surgery

Bayer Pharmaceutical, the large drug manufacturer, has announced that it has taken its remaining stock of Trasylol out of hospitals. This anti-bleeding medication has been linked to causing kidney damage and death in over 22,000 cases. The reason that Bayer recalled the drug was in response from studies that show Trasylol nearly doubled the death rate in comparison to cheaper alternative medications that were already established in the market. These studies that proved Trasylol, also called aprotinin, is more dangerous when used in heart surgeries were given to Bayer nearly two years before it was taken off the market. Bayer even did their own study, in which the finding also discovered the fatal side effects of the drug.

Now that Trasylol has been taken off the market it is time to recoup all that has been lost. This is another example of large drug company whose questionable motives have cost numerous lives and much grief. The firm of Napoli Bern Ripka, LLP represents victims of such second-rate care and negligence. We have the experienced legal team that has successfully represented thousands of clients injured by medical drugs such as Fen-phen, Baycol, and Rezulin, and are here to help you with any Trasylol questions you may have.

Labels: napolibern.com

General

8/11/2008
Vincent Imbesi
Comments (0)

Napoli Bern Ripka, LLP Files Another FINRA Arbitration Claim Against Charles Schwab & Co.

Investor Seeks Damages for Lost Value of

Schwab YieldPlus Select Fund -- SWYSX

Our firm filed another arbitration claim with FINRA (Financial Industry Regulatory Authority) against Charles Schwab & Co. The claim was filed on behalf of an investor who seeks damages for losses sustained in the Schwab YieldPlus Select Fund (SWYSX).

The FINRA Statement of Claim alleges damages for breach of fiduciary duty, breach of contract, unsuitability, over-concentration and misrepresentations and omissions relating to the firm's failure to properly disclose the risks associated with the YieldPlus Select Fund.

The Statement of Claim alleges that Charles Schwab represented that the YieldPlus Select Funds (SWYSX) and the YieldPlus Fund Investor Funds (SWYPX) were safe alternatives to money market funds that emphasized preservation of capital and income production. Charles Schwab also represented that its YieldPlus funds were designed to provide "high current income with minimal changes in share price" and that this objective would be accomplished by investing in a "well-diversified" portfolio of bonds.

Representatives employed by Charles Schwab marketed the funds to investors as an alternative to money market funds. Investors, including the client we are representing in the subject arbitration, relied on Charles Schwab's representations when they purchased the SWYSX and the SWYPX funds, to their detriment.

Investors who purchased the Charles Schwab YieldPlus can get more information by visiting www.napolibern.com Investors can obtain a free legal consultation by contacting Vincent J. Imbesi at 1- (888) 529-4669.

Labels: napolibern.com, New York City

8/7/2008
Vincent Imbesi
Comments (0)

Charles Schwab Yield Plus Fund: Settlement Offer

The Wall Street Journal is reporting that Charles Schwab is attempting to offer only pennies on the dollar to settle with investors who lost money as a result of their investment in the Charles Schwab Yield Plus bond fund. The law firm of Napoli Bern Ripka LLP is pursuing financial fraud claims on behalf of individuals who suffered losses due to the fund’s heavy investment in mortgage-related/backed securities. In fact, many of the clients our firm represents have received small offers from Charles Schwab. The minimal amount of the Charles Schwab settlement offers reinforces the importance for investors to have legal representation to assure proper reimbursement for losses sustained.

According to our clients, the Charles Schwab Yield Plus settlement offers have ranged from only 1 cent to 14 cents for each dollar lost as a result of the securities misrepresentation. Charles Schwab Yield Plus losses may be recoverable. The Charles Schwab Yield Plus is an ultra-short bond fund that was advertised as an alternative to money market funds for conservative investors looking for a slightly higher yield while preserving capital. Although investors were told, through their brokers, that the fund’s goal was to have minimal changes in the share price, the fund has dropped more than 25% over the first four months of 2008!

The dramatic losses suffered by Schwab Yield Plus investors were directly tied to unreasonably heavy holdings involving mortgage-backed securities, particularly those involving subprime loans. For a conservative investment fund, Charles Schwab failed to adequately disclose the true nature of the risk they were exposing people to by investing in these newer securities, which had not been tested through market cycles.

Labels: napolibern.com, New York City

7/10/2008
Oguz Ozdemir
Comments (0)

Gardasil Vaccine Connected to 18 Fatalities

    It all started 2 years ago when Merck & Co. started administering Gardasil, a cervical-cancer vaccine, to girls and women. Over 8,000 adverse reactions have been recorded by the Federal health officials. Gardasil was licensed by the Food and Drug Administration in June 2006 for females ages 9 to 26. Sold worldwide, it's been given to more than 8 million US girls and women, Merck says. The vaccine is aimed at warding off strains of the human papillomavirus, or HPV, which can lead to cancer. The vaccinations cost a total $360. Securities and Exchange Commission documents show Merck made $1.5 billion in Gardasil sales last year.
    However, Gardasil has produced such bad reactions in girls and women who have taken the drug, that it has been linked to 18 deaths. Schools have been administering the drug, saying that it protects girls from cervical cancer. However, there have been cases reported of pancreatitis, immune system disorders, lethargy, paralysis, seizures and brain damage after receiving the shot. Most of these cases have been seen in teenage girls due to the high push for schools to administer it.
    The most common side effect of Gardasil is fainting. In which Merck spokeswoman Kelley Dougherty said the company "actively monitors" reports of side effects. The Vaccine Adverse Event Reporting System, run by the FDA and the Centers for Disease Control and Prevention, has collected thousands of reports of health problems after Gardasil shots. Of these fatalities they included a heart rhythm disorder, severe allergic reactions, and d the 10 confirmed deaths, there was no common thread and that Gardasil was not to blame. "An event report does not mean that a causal relationship between an event and vaccination has been established - just that the event occurred after vaccination," she said. A Post analysis of adverse- event reports filed through April 30 found that about 20 percent followed injections of Gardasil, plus up to seven other vaccines at the same time - including shots to prevent flu, chicken pox, hepatitis and tetanus. Almost 6,300 cases involved Gardasil alone. Under a federal law passed in the late 1980s, victims of vaccines may file a claim under the Vaccine Injury Compensation Program, but cannot sue the pharmaceutical.
    Administration of Gardasil in schools makes for parents, teachers, and students alike to think that the drug is safe. Since Gardasil has been in the market it has been linked to over a dozen deaths and many serious illnesses. Victims of this drug is mainly teenage girls that given the drug to prevent cervical cancer. It is affecting the lives of these girls and their families to the point.
If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients. Napoli Bern Ripka LLP is an experienced firm in the medical negligence field and can provide you with the right information on how to proceed with your case. If you or a loved one have suffered as a result of Gardasil side effects such as kidney failure, heart attack, or stroke you may be entitled to compensation.
For more information about the full article click here, and don’t forget to check out the blogs for a more in depth look.

Labels: FDA napolibern.com New York City

Quick Contact

Napoli Bern LLP
350 5th Avenue
Suite 7413
New York, NY 10118

Toll Free: 877 WTC HERO
Phone: 212 267 3700

Napoli Bern LLP
350 5th Avenue, Suite 7413,
New York, NY 10118

Toll Free: 1 888 LAW IN NY
Phone: 212 267 3700

Locations

New Jersey
1 Greentree Centre
Suite 201
Marlton, NJ 08053

New York
350 5th Avenue,
Suite 7413,
New York, NY 10118

3500 Sunrise Highway,
Suite T-207
Great River, NY 11739

Pennsylvania
2 Penn Center, Suite 200
Philadelphia, PA 19102

Marc Bern is on Geraldo discussing the diet drug Fen-Phen

Blog

News

Library

Napoli Bern Ripka, LLP Blog

Auto Accidents

FDA and Prescription Drugs

Labor Law

Medical Devices

Medical Malpractice

Personal Injury

Products Liability

Wrongful Death

Trasylol

General

Quick Contact

Locations

Videos