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Do you have questions about NY injury law? If so, you have come to the right place! Here we will address the common questions our clients have been asking for many years. Welcome aboard! If you have a question not answered here, feel free to post your question here and we will be happy to respond.



Cipro Lawsuit Lawyer in NY & PA– Tendon Rupture Cases

Choosing a Lawyer, Keeping Your Family Safe, Lawsuits, Miscellaneous6 Comments
Eight 500 mg ciprofloxacin tablets, manufactur...

Several people, knowing of my prior experience with other mass tort cases like asbestos and Vioxx, have called me recently to ask if my office is handling Cipro lawsuit cases in NY and PA?  The answer is Yes, we are.

For those of you who do not know what a “Cipro lawsuit” is, I will explain in detail below.  But before doing that I thought it would be useful to explain how my firm, a small firm in Upstate NY with attorneys admitted in NY and PA, handles what are essentially national mass tort cases.  How do the Davids fight the Goliaths?  How do the “little guys” fight the drug company “giants”?

We do so by smart collaboration with other attorneys all over the country (and sometimes, all over the world).  For technologically savvy attorneys, the old days of having to “go it alone” are long over.  Today, with the tools of the internet, listservs, web conferencing and database sharing, I can sit in my office in Elmira, NY and have access to the information a lawyer as close as Rochester, NY or as far away as China, has just learned in his case.  I can download and search millions of pages of documents that were scanned in a warehouse in Mississippi.  I can pick the brains of my fellow attorneys handling the same types of cases.

In the appropriate mass tort case, I can associate with national class counsel for their assistance in representing my client.  When we do this, the client does NOT pay a single penny more in fees than if I chose to handle the case on my own so it’s a Win/Win for my clients– they get the benefit of the personal attention of a smaller firm while having the firepower of a larger national firm while still paying the same attorney fee (almost always, 1/3rd of the amount recovered after deduction of expenses).

Over the years, my firm has had great success handling these cases and we look forward to doing the same with the Cipro cases.  So let me explain what a Cipro lawsuit is all about.

First some background.  Cipro (Ciprofloxacin) is an antibiotic manufactured and sold by Bayer A.G. and is also marketed under the brand names Ciproxin and Ciprobay. Cipro belongs to a group of antibiotics called fluoroquinolones that are prescribed to fight many types of bacterial infections.  Cipro has been linked to an increased risk of tendon ruptures, tendonitis, and other serious injuries in users.

In July, 2008, the FDA announced it would require a “black box” warning on all Cipro prescriptions. The “black box” warning is the most serious warning that the FDA can require of prescription medication. In the case of Cipro, the warning was required due to the increasing incidence of cases of tendon ruptures, a serious injury that can leave patients incapacitated and needing extensive surgery. The tendon ruptures have increasingly occurred among patients taking Cipro and other fluoroquinolone antibiotics. The drug types within the fluoroquinolone family include:
* Levaquin (levofloxacin).
* Factive (gemifloxacin mesylate).
* Avelox (moxifloxacin HCL).
*Cipro XR and Proquin XR (ciprofloxacin extended release).
*Noroxin (norfloxacin).
*Floxin (ofloxacin).
*Cipro (ciprofloaxacin).

Hundreds of Cipro users have suffered painful tendon ruptures and tendonitis, particularly in the shoulder, hand, and Achilles tendon in the foot. Tendons are cords of tissue that join muscles and bones and are essential in movement.

People injured by Cipro may be eligible to be financially compensated for their medical bills, pain and suffering, lost wages, and other damages.  If you have been seriously injured as a result of taking Cipro, you should immediately consult an experienced injury attorney to determine your legal rights.

I hope you found this information helpful but if you have any questions, feel free to post them in the Comments below or email me directly at jreed@zifflaw.com.

Thanks for reading,

Jim Reed
NY & PA Accident & Malpractice Lawyer
Elmira, NY
My Bio

Here are some Cipro articles for additional information:

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NY LAW: Mandatory Swimming Pool Alarms

Keeping Your Family Safe, NY Laws and Cases3 Comments

A boy in a children's swimming pool.Image via WikipediaIf you have installed or modified a swimming pool in NY since December, 2006, you should know that NY law REQUIRES you to install a swimming pool alarm. Although none of us likes to spend more money to buy safety devices, we just have to keep in mind that they save lives and we all know you can’t put a price on that….

Thanks for reading,
Jim Reed
NY Accident & Injury Lawyer
jreed@zifflaw.com

Below is a story that WETM-TV, Elmira, NY, did on this pool alarm law:

NYS Pool Alarm Law Permanent
Reported by: Naveen Dhaliwal

ELMIRA HEIGHTS - New York State lawmakers have finally made a two year old pool alarm rule permanent. If you put a pool in your backyard, you need to have an alarm on it.

State lawmakers passed an emergency ruling two years ago that required all commercial and personal swimming pools to have an alarm system. That ruling expired last month and state lawmakers have now permanently adopted it.

Officials say alarms are required on all pools built or modified after December 14th of 2006. Experts say the temporary blows up pools also need to have alarms.

“Two bolts go into the top rail of the pool, and then the alarm just sits inside. It takes a 9 volt battery. Then there’s a separate remote that plugs into an outlet in your house so can hear it from in the house or out,” says Tom Witzel of Hesselson’s.

The cost of the alarms can range between $200 up to thousands of dollars.

Code enforcement officials say if you get caught without an alarm, you will be given a warning. After that you can get fined up to $1000 a day until an alarm is placed.

Officials say the law was originally put in place because 26 infants and children under the age of 14 drowned in a pool in 2002.

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Sadly, More Bikes on the Road Equals More Bike Accidents

Keeping Your Family SafeNo Comments
San Francisco Critical Mass, April 29 2005.Image via Wikipedia

As an avid cyclist for many years, I know all too well the dangers of bicycle riding:  dogs, bad pavement, motorists claiming they “didn’t see you”, bad weather, etc.  But with the recent spike in gas prices, a lot of folks with very little bicycling experience are starting to hit the road and I worry that many of these new bicyclists may be exposed to the dangers of bicycle accidents.  An MSNBC story today, Deadly tension on the roads  — cars vs. bikes  Accident toll rises as gas-shocked commuters opt for bicycles, highlights this concern.

From my perspective, minimizing the risks of bicycle riding is a responsibility of ALL of us:  bicyclists must take adequate precautions, motorists must be on the lookout for bicycles and give them the space they need, urban planners must design roads, paths and erect signs that promote bicycle safety.  It stinks that gas prices have gone through the roof but maybe one of the good things to come out of this bad news will be the opportunity for a lot more folks to learn and enjoy the benefits of bicycle riding– better health, less pollution, enjoying the beautiful Upstate NY scenery, etc.

Over the 20+ years I have practiced injury law in NY and PA, I have handled way too many bicycle accident cases and even though representing injured people is what will put my three teenagers through college, nothing would please me more to see a lot less bike accidents.

So, let’s be careful out there!  Ride safely!

Thanks for reading,

Jim Reed
NY & PA Bicycle Accident Attorney
jreed@zifflaw.com

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N.Y. Hospitals Have Higher Infection Rates than National Average

Keeping Your Family Safe, Medical MalpracticeNo Comments

A recent report by the NY State Department of Health found that New York hospitals had a higher rate of infection in surgical intensive care units in 2007 than the rest of the nation.   Compared to the national average of 2.7 infections per 1,000 days of central-line treatment, New York surgical intensive care units had 3.7 per 1,000.  A central line is a tube into a major vein that allows doctors to administer medication or monitor a health condition.

While a central line is very important treatment tool utilized by doctors, inserting a central line can result in infections if proper sterile techniques are not utilized.

The report on hospital acquired infections was conducted by the NY State Department of Health in compliance with a 2005 law that required the state to track statewide infection trends.

On a much better note, New York had a lower rate of central-line infections in pediatric and coronary intensive care units than the rest of the country.

Thanks for reading,

Jim Reed
N.Y. and PA Injury and Malpractice Lawyer
jreed@zifflaw.com

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Bicycling Safety Tip #2– ALWAYS Carry ID Information

Auto Accidents, Keeping Your Family SafeNo Comments

As an injury attorney representing bicylists injured by cars and trucks, one of the most common things I hear from my clients is that they “never thought an an accident would happen to me”.  Let’s face it, none of us expects that we are going to be mowed down by a car as we ride our bikes but every day some poor bicyclist is seriously injured or killed by motor vehicle collisions.  So, as much as I hate the fact that we have to prepare for the worst, it is very important that you do so in case today is not your lucky day……

Crumpled Bike After Car Collision

One safety precaution that might save your life in the event of a bike accident is to ALWAYS carry or wear some form of ID that tells rescue workers who you are and how they may contact your friends or families to let them know you have been hurt.  For years I had known that I should be carrying some form of ID but more often than not I simply forgot to do so.  It wasn’t until a recent bike case I handled where my client was rear-ended by a car at 50+ mph that I decided I would NEVER ride again without some form of ID on me.  My client told me that he was wearing a wrist ID (called a RoadID, you can get info here) that thankfully let the ambulance people immediately notify his wife that he was injured.

Here’s what the RoadID looks like and you can get it engraved with your name, emergency #’s, etc.

RoadID Wrist Band-- less than $20

So for less than $20 bucks, you can buy an ID that might save your life.  Seems like money well spent to me!

Good luck and ride safe!

Jim Reed
jreed@zifflaw.com

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In NY, Bicycles Have The Same Rights to the Road as Cars

Auto Accidents, Keeping Your Family Safe, NY Laws and CasesNo Comments
Cycling

With soaring gas prices, more and more people are riding bikes to commute to work, to run errands, and for recreation. As a long-time, fanatical cyclist, it pleases me to see more folks enjoying cycling but I am concerned about what seems to be an increase in hostility toward bicyclists from the motoring public. If you are a bicycle rider, you know what I mean– the truck that lays on the horn as it crowds you to the curb, the car that passes you unsafely and unnecessarily close, and the car that pulls up to your rear wheel as you wait for a light to change. All of these things are dangerous and ILLEGAL. As discussed below, under New York law, bicyclists have the same rights (and obligations) to use the road as cars and trucks.

Before getting into the N.Y. laws applicable to bicycles and motorists, I wanted to make a more simple and basic suggestion: Let’s all share the road– if you are a cyclist that means ride safely and clearly signal your intentions to other traffic. If you are a driver, be patient and give bikes the space and time they need to ride safely. A simple idea but one that will promote greater safety for cyclists and minimize legal liability.

OK, let’s discuss the N.Y. laws applicable to bikes because I am sure many motorists would be surprised to learn that for the most part, bikes have just as much right to use the normal lane of traffic as a car.

Below is a letter that a local attorney, Bill Lodico, also a bicyclist, wrote to a local newspaper writer regarding the laws pertaining to motorists and cyclists:

I sending this letter to ask you to be careful in any piece you write to avoid giving the impression that cyclists are required to stay far to the right in traffic or on roadways. The last thing the cycling public needs is a motoring public operating under the misconception that cyclists aren’t entitled to use the whole road, or that cyclists are restricted to the narrow band “as far to the right as possible.” I’ve seen more than one instance where motorists have used their truck or car to enforce this spurious rule. I expect you don’t want to be part of that.

I expect you also don’t want to be a part of encouraging cyclists to ride in a way that may may make them less visible to motorists, or that may make them more likely to be accident victims as motorists attempt to squeeze into a narrow space between a cyclist and oncoming traffic.

While, as a general rule, it makes sense for cyclists to stay to the right half of a traffic lane, so as to allow the most room for motorists to pass, there are numerous times when cyclists can and should move to the left, including the situation where the cyclist is blocking motor traffic from passing in dangerous situations.

This is from the NYSDOT “tips for motorists”

–Don’t assume cyclists should position themselves on the road as far to the right as possible. Smart cyclists plot a line straight down the roadway 3-4 feet from the curb or parked cars. This allows them space to avoid road hazards and to be more visible to motorists and pedestrians.

–Be aware that when a road is too narrow for cars and bikes to ride safely side by side, bicyclists should ride in or near the center of the lane to discourage motorists from trying to pass.

–Some roads have bike lanes. Cyclists are required to use these lanes, but may enter into your lane in order to execute a left turn.

NY Vehicle and Traffic Law Section 1234(a) contains the provision stating where a cyclist should ride in the roadway: “near the right-hand curb or edge of the roadway or upon a usable right- hand shoulder in such a manner as to prevent undue interference with the flow of traffic. . “

The statute then goes on to include broadly stated exceptions even to this carefully crafted and qualified rule. Section 1234(a) continues: “. . . except when preparing for a left turn or when reasonably necessary to avoid conditions that would make it unsafe to continue along near the right-hand curb or edge. Conditions to be taken into consideration include, but are not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards or traffic lanes too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane.”

So, for instance, by the statute, in the two way sections on Church or Water west of Lake Street, where parking is allowed, a cyclist can, and probably should, ride smack in the middle of the traffic lane. Opening car doors present the hazard that pushes him to the left, and there’s clearly not enough room for the usual SUV (or even the typical Buick or Chevy) and bicycle ” to travel safelyl side by side within the lane.”

The rules of the road set out by the statute and by NYSDOT’s “Tips for Motorists” is obviously very different from any flat, simple rule about bikes staying to the right, and I’m suggesting it’s best if we avoid giving flat simple rules about where cyclists belong on the road, except to state that they do, in fact, belong on the road.

Bill Lodico
_______________________________________________________________

I think Bill did a great job of explaining this issue and I thank him for doing so.

Thanks for reading,

Jim Reed
jreed@zifflaw.com

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Thinking Of Hosting A Party For Your Graduate? Think Again!!!

Keeping Your Family Safe, Miscellaneous, Most Popular Posts, NY Auto Insurance, NY Laws and CasesNo Comments
After the party.

Image via Wikipedia

It’s the time of year when your nearly grown son or daughter is graduating from high school, and you know what that means: Graduation Parties! Remembering all the fun you had back in the day, and wanting to be a “cool” parent, you may be considering throwing a party for your son or daughter and their friends that includes alcohol. After all, you reason, as long as I take the keys and they all spend the night, what’s the harm? If I don’t do it, these kids will just be off drinking AND driving somewhere else anyway.

If you are even considering a scenario like the one I outlined above, think again! These sorts of parties have a tendency to get out of control, and the noise alone may be enough make your neighbors call the police. Kids who aren’t experienced drinking alcohol have a tendency to over-indulge, with obnoxious, messy, and sometimes life threatening results. How are you going to explain a midnight trip to the emergency room to get some kid’s stomach pumped to his mother or father the next day?

As if you needed more reasons, consider this: you could go to jail! Don’t believe me? Just ask John Gurtler, Jr. Don’t recognize that name? I bet you would recognize his voice! He is the Public Address Announcer at Buffalo Bills games. It seems that Mr. Gurtler was having thoughts along the lines of the scenario I outlined above for his son’s post-prom party. All his son’s friends, more than 80 in all, were invited back to the Gurtler residence for a night of merriment and booze. All was going great until the police arrived at their Orchard Park, NY home, observed scores of obviously under age-and over-dressed teens pouring beers from multiple kegs scattered about the yard, and decided to intervene. Mr. Gurtler, Mrs. Gurtler and their teenage son have all been arrested and charged with Unlawfully Dealing With A Child for providing alcohol to minors. They will face one count for each of the kids present (at least the ones the police could catch). Each count carries a potential penalty of up one year in jail AND a $1,000.00 fine.

This is a case where jail time could very easily be imposed, too. Because Mr. Gurtler is a prominent individual, and because we are on the verge of graduation season, the judge may very well want to send a message to the community that this type of behavior will not be tolerated and will face stiff punishment. It would be the judge’s hope that the publicity associated with this case and the penalty doled out would dissuade any one else from doing something similar. Legally, this is known as general deterrance.

Let Mr. Gurtler’s mistake be a lesson to all of us here in the Twin Tiers.

For those of you interested in all the gory details of what the police found upon their arrival, I have attached a link from The Buffalo News story covering the arrest below.

Thanks for reading,

Adam M. Gee, Esq.
New York and Pennsylvania Personal Injury and Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

http://www.buffalonews.com/cityregion/southernsuburbs/story/366740.html

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Protecting Your Family From Infection In A Hospital - A Guest Post By Dr. Julia Hallisy

Keeping Your Family Safe, Miscellaneous1 Comment

Image courtesy of Dr. Julia Hallisy

One of my previous posts entitled “How To Keep Yourself Safe In A Hospital” provoked a great deal of response, both on and off this blog. I received a number of e-mails from individuals looking for more information. One person who responded to the blog was Dr. Julia Hallisy, an expert in the area of hospital acquired infections. Dr. Hallisy practices in California, and had her own very personal experience with hospital acquired infections. That story is too personal for me to attempt to summarize, but interested readers can learn more at Dr. Hallisy’s website www.TheEmpoweredPatient.com. Dr. Hallisy’s website can also be accessed from our blogroll.

Suffice it to say that since Dr. Hallisy’s experience, she has dedicated her time to informing patients of their right to demand their doctors, nurses and hospital staff abide by rules and regulations designed to minimize the risk of infection.

To satisfy your requests for additional information, I asked Dr. Hallisy if she would be willing to write a guest post for our readers, and she graciously accepted. Without further introduction, here is Dr. Hallisy’s post:

I’m often asked if patients and their advocates can really translate information and facts into the practical skills they need to avoid medical errors. I know that the answer to this question is a resounding “yes” because I envision a health care system where patients know Read the rest…

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NY Bicycling Accident– Safety Tip #1– ALWAYS Wear a Helmet!

Keeping Your Family Safe, LawsuitsNo Comments
The Livestrong edition Giro AtmosImage via Wikipedia

As my family and friends know, I am a fanatical bicyclist.  I have always enjoyed riding my bike since I started racing as a teenager.  I was away from the bike during college and law school but I later returned to the sport in my mid-30’s as a pressure-relief from my hectic work day and as the father of three young kids.  Thankfully, my wife shares my bicycling addiction and we enjoy lots of riding time together.

As much as I love riding, it is a sport that carries high risks.  The Insurance Institute for Highway Safety documents approximately 1,000 bicycle accident deaths per year in the US.   The Institute’s statistics also highlight one very important point:  “The most serious injuries among a majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. Helmet use has been estimated to reduce head injury risk by 85 percent.”

A recent case I am handling illustrates the point even more dramatically.  Two weeks ago, a local rider from Big Flats, NY was out riding his bicycle on Rt. 352, a local two lane highway, with wide shoulders.  Despite the fact that this rider was wearing a high-visibility yellow jersey and was riding on the shoulder of the road (3.1 feet to the right of the white line per the NY State Troopers!), he was mowed down by a driver who recklessly drifted on to the shoulder at 50mph.  He was thrown 36 feet and skidded to a stop on his head and right side.  Despite his helmet, the flesh was ground from his right ear and skull requiring internal stitches and 12 staples to close the gaping wound.  He broke his back.  He suffered deep lacerations over his arms, legs, shoulder and back.  But he survived….

Although I have handled lots of bicycle/car crash cases over the years, I have never seen a bike exploded apart like this rider’s bike. To say that it is a miracle that he survived this collision is an understatement….

This rider owes his life to his bicycling helmet. The helmet did its job by fracturing in many places thereby preventing his skull from doing the same. I am absolutely convinced that this rider would not be alive today if not for his helmet.

A safety lesson for all of us: Please wear your helmet at all times.  Even though NY only requires riders 14 and younger to wear a helmet, EVERYONE should ALWAYS wear a helmet.

If you already have a helmet:  Please carefully check your helmet for proper fit and any cracks. Over time helmets can get banged around, subjected to high temperatures in cars, etc. so do not assume that the good helmet you bought 3 years ago is still in perfect shape. If you find cracks or other damage, please buy a new helmet. Helmets are cheap, heads are priceless!

Good luck and safe riding!

Thanks, Jim
_________________________________________
James B. Reed, Esq.
Personal Injury & Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com     http://www.zifflaw.com

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Dangerous Driving: NEVER Text While Driving!

Auto Accidents, Keeping Your Family SafeNo Comments

This advice seems like a no-brainer but a recent study discussed on Engadget (a super blog about all types of electronic gadgets!) scared the bejeezus out of me.  This study (pasted below) found that 37% of Generation Y drivers, admitted that they text message while driving.  37%!!

That means more than a third of these young drivers are putting all of us at risk for serious injury in a car crash.  Let’s face it, anything that distracts your attention from the road ahead makes you a more dangerous driver.

Last year there was a horrific car crash in Upstate N.Y. that caused the death of 5 high school girls.  The investigation revealed that a text message had been sent from the drivers cell phone at the time of the crash.  While it was never proven that the driver herself sent the text message, investigators speculated that the driver or her friends were distracted while texting.

Here’s the Engadget post:

Survey finds 37% of Gen Y-ers text while driving

Oh sure, Americans are adamantly against texting while driving (in theory), but that’s not stopping those mischievous Gen Y-ers from getting their SMS on while behind the wheel. According to a new survey of 1,200 people conducted by Nationwide Mutual Insurance (we know, we know), a third of the Gen Y-ers admitted to “always multitasking while driving,” and while the “always” bit does indeed frighten us a tad, the real juice was in the next statistic: 37-percent said they sent text messages while driving. Before you start belaboring the imprudent youth, think long and hard about your own in-car cellphone usage — remember that time you just had to reply “y w pep plz” in order to salvage your friend’s pizza order? Tsk tsk.
Thanks for reading,
Jim
_________________________________________
James B. Reed, Esq.
NY & PA Injury & Malpractice Attorney
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel. (607) 733-8866  Fax. (607) 732-6062
Toll Free 1-800-943-3529
mailto:jreed@zifflaw.com http://www.zifflaw.com

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