Tragically, just 40 minutes can make the difference between a healthy baby and a little girl who will never walk, never talk, never feed herself, never have a boyfriend, never get married…

In this case handled by Elmira medical malpractice attorney Jim Reed, the Labor and Delivery nurses hooked the Mom up to an electronic fetal monitor and then left the Mom unattended for 40+ minutes. Unfortunately, fetal monitors are absolutely no good if no one is there to read the results….

That’s why the standard of care for labor and delivery nurses requires nurses to review the monitor strips for the first 20 minutes that the mother is placed on the monitor. If all is OK after 20 minutes, the Mom can then be left unattended for short periods of time. If the strips are not OK, then the nurse is trained to immediately intervene and summon a doctor if necessary.

In this case, a careful review of the medical records revealed that the mother had been left totally unattended for the first 40+ minutes she was placed on the fetal monitor. As you might have guessed, the monitor strips were bad meaning that the baby was in trouble and needed immediate delivery. The problem is that no one was in the room to hear read the results and respond to the baby’s cries for help. As a result, the necessary C-section to rescue the baby was delayed by more than an hour causing the baby to suffer profound brain damage (Cerebral Palsy). The baby was rushed from the Corning Hospital to the Neonatal Intensive Care Unit at the Arnot Ogden Medical Center in Elmira, but the damage was already done. The baby had a permanent brain injury called Hypoxic Ischemic Encephalopathy (HIE) which means that the baby’s brain was deprived of oxygen at birth. Read the rest…

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My recent post regarding injuries and lawsuits caused quinolone and fluoroquinolone antibiotics like Cipro, Levaquin and Floxin, provoked a number of great Comments and I thought it would be useful to offer some clarifying remarks regarding the injuries associated with these drugs.

Let me address some of the comments head on.

First, David Fuller, Director of the Fluoroquinolone Toxicity Research Foundation, commented:  “I would hope that the legal community would not stop at litigation involving just the tendon injuries. This class is associated with far more serious and permanent damage than just that.”  David is entirely right and my discuss of tendon injuries was not intended to imply that tendon ruptures were the only injuries linked to these medications.  As noted by David, other associated injuries include:  “irreversible peripheral neuropathy, fatal liver and kidney damage, fatal hypo and hyperglycemia, SJS and TEN [Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis], toxic psychosis, spontaneous ruptures not only of the tendons but also muscles, ligaments and cartilage”.

Second, Connie commented:  “Ruptures & tendinitis aren’t the only adverse reactions that occur after taking these medicines. There are far worse ones that aren’t being mentioned.”  Like I said above, I agree, my list wasn’t intended to be exhaustive.  Connie mentions a quadriceps muscle rupture suffered by her husband, a 40 year old previously healthy guy, shortly after he took  Cipro XR 1000.

Third, Shells commented:  “The Black-box warning for tendon damage is just the tip of the iceberg!! The ADVERSE-REACTIONS caused by these drugs are NOT mere “side-effects”, but the result of damage to DNA, due to the TOXICITY of this class of drug. These severe reactions are often permanent and disabling.”

I wholeheartedly agree that the FDA has totally missed the boat on these drugs.  Sad to say but the FDA, originally established as a watchdog to protect the public from dangerous drugs, has become a tired, old, toothless dog…..Even worse, we find over and over again in investigating these cases that the FDA has been subject to incredible influence by the big drug companies regarding the very drugs that the FDA was supposed to be carefully scrutinizing.  So not only is the watchdog old, tired and toothless but now he’s being fed luscious treats by the very folks he’s supposed to be watching out for….  Yeeesshh, no wonder it’s becoming commonplace that the FDA does nothing until months or years after people are getting hurt or killed by bad drugs.

Hope this helps clarify.  Many thanks to all for the Comments and keep them coming!

Jim
___________________________________
James B. Reed
NY & PA Injury & Malpractice Attorney
Ziff Law Firm
303 William Street
Elmira, NY  14902
(607)733-8866
mailto:jreed@zifflaw.com
http://www. zifflaw.com

Here are some recent articles on this subject:

• Tendon Rupture: Signs and Symptoms
• FDA Warns Of Tendon Risk For Antibiotics

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Shortly after I joined Ziff Law, Jim Reed, the firm’s managing partner (and frequent poster on this blog,) told me to sign myself up for the two-week National Session on Building Trial Skills offered by the National Institute for Trial Advocacy (NITA).  “And by the way,” he remarked, “the program is located just outside Boulder, Colorado.”

‘Nuff said.  As a former resident of Denver and Missoula, Montana, I am a true lover of the mountains and was ecstatic about the chance to spend some time savoring mountain life.  Oh, NITA looked pretty cool as well.

I had no idea at the time that I was about to embark upon a career changing — if not life changing — voyage.  Seriously.  Two weeks at NITA equaled, for me and I suspect most of my classmates, at least five years of real world trial experience.  Unfortunately, as most practitioners recognize, cases are not tried nearly as often today as they were fifty years ago.  Increased pressures to settle matters quickly or engage in Alternative Dispute Resolution — such as mediation or arbitration — has created a professional atmosphere in which young attorneys wait years or even decades before ever getting a chance to see a case through to verdict.  (The one notable exception is in the area of criminal law, where cases are tried on a somewhat more frequent basis.)  (Watch an interview with The Honorable Jim R. Carrigan, one if NITA’s founders.)   

I was fortunate to have tried a number of cases as a prosecutor before participating in NITA’s National Session.  However, the skills and confidence I gained from NITA are unparalleled.  I had an opportunity to test myself against some of the best up-and-coming attorneys in the country — and even the world!  The faculty was comprised of seasoned practioners with practical, focused advice on how to become the very best trial lawyer possible, and the lecturers offered insight into cutting edge legal trends and technology emerging from all ends of the globe.  (Read NITA’s Blog.)   Read the rest…

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Image by Tbass Efendi via Flickr

Let’s face it, Plaintiff’s attorney’s don’t much care for insurance companies. We fight with them all day, every day in order to try to get them to honor their responsibilities to our clients. The insurance companies fight us tooth and nail every step of the way by denying and delaying legitimate claims in the hope that we will accept less compensation than our clients are entitled to. When you deal with these tactics every day like we do, you grow so used to them that it almost seems normal. Every once in a while, though, new information comes to light that reminds us just how abusive and deceptive insurance companies really are.

A newly released report compiled after reviewing thousands of pages of documents, complaints, testimony and financial records of insurance companies from across the nation provided us with a refresher on just how bad insurance companies treat people. The abuses it reveals are enough to turn your stomach, and the common tactic of “delay, deny, defend” rings true to those of us battling in the trenches with these insurance giants every day. This is certainly not the first such report that identifies the tactics used by insurance companies to defraud their policy holders and lawful claimants. What is new, though, is that they name the 10 worst insurance companies in the country. While we have our own opinions formed over decades of dealing with insurance companies, it is nice to finally have some empirical evidence to rely on when we tell our friends, family and clients who the worst companies really are. Without further adieu, the worst insurance companies in America are:

1. Allstate Insurance Company. Is this really a surprise? The supposed good hands people have had the boxing gloves on for years, no matter what some actor who played a president on the show 24 may tell us.

2. UNUM Insurance. One of the largest disability insurance carriers, has been mistreating their insureds longer than anyone in this office can remember.

3. AIG. The largest insurance company in the world, AIG has been referred to as the new Enron because multi billion dollar corporate fraud.

4. State Farm. Another shocker here. The Company has gone to great lengths to avoid paying claims, including forging signatures on earthquake waivers after the deadly Northridge earthquakes, and altering engineering reports regarding damage after Hurricane Katrina.

5. Conseco. This company sells long term care policies, typically to the elderly. Unfortunately, Conseco uses the deteriorating health of its policyholders to its advantage because the company knows if it waits long enough to pay out claims, its customers will die.

6. Wellpoint. A health insurer, Wellpoint routinely cancels the policies of pregnant women and chronically ill patients.

7. Farmers Insurance Group. Consistently ranks at or near the bottom of homeowner satisfaction surveys. The company offers pizza parties to adjusters who meet low payment goals.

8. United Health. Physicians report that reimbursement rates are so low and payment is delayed so long that patient health is compromised. Money that should have been spent on medical treatment for policyholders has instead gone to the company’s former CEO, who faced criminal and civil charges for back dating stock options.

9. Torchmark. Founded by its own admission as little more than a scam, Torchmark has preyed on low-income Southerners for over 100 years. The company has come under fire for a variety of transgressions, including charging minority policyholders more than whites.

10. Liberty Mutual. Like Allstate and State Farm, Liberty Mutual has adopted “deny, delay and defend” tactics. The company has also gone one step further than simple claims-handling abuses by indulging in what regulators describe as systematic bid rigging.

You can read the full report here.

While these are the ten worst insurance companies nationwide, I could add a few companies to the list who operate in Elmira, the Southern Tier of New York, and the Northern Tier of Pennsylvania. The companies I am thinking of may be too small to make a national list, but any Twin Tier resident who has ever dealt with them could tell you a story or two. I won’t list them here, but if you ask me privately, I will be more than happy to give you my own top ten list of the worst insurance companies.

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

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Legionnaires' Outbreak at the Flannery Towers

The Elmira Star Gazette is reporting a possible outbreak of Legionnaires Disease at the Ed Flannery Towers senior housing complex in the City of Elmira.  Legionnaires’ Disease is a type of pneumonia caused by Legionella, a bacterium found primarily in warm water environments.  The United States’ Centers for Disease Control and Prevention descibes the symptoms of Legionnaires’ Disease — such as high fever, chills, coughing, muscle aches and headaches – as being similar to many other forms of pneumonia, making it difficult to diagnose at first.  The CDC states Legionnaires’ Disease is a very serious illness and causes death in up to 30% of cases.  The good news is many cases of Legionnaires’ Disease can be treated successfully – if diagnosed early and properly treated.

According to the Star Gazette, the Chemung County and New York State Health Departments are investigating the outbreak, but have not yet determined the number of people potentially affected by the disease.

Thanks for reading,

Christina Bruner Sonsire, Esq.

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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:

• Fluoroquinolones Receive Black Box Label by Fda
• U.S. drug safety officials require stronger warning on some antibiotics
• FDA Warns Of Tendon Risk For Antibiotics

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I hate to see anyone hurt.

I really hate to see someone hurt intentionally.

But I really, really hate to see someone who is supposed to protect the public, intentionally injure a person.  So sad…

Check out this YouTube Video (http://www.youtube.com/watch?v=oUkiyBVytRQ) of a N.Y.C. police officer intentionally tackling a bicycle rider who was participating in a large group bicycle ride.  What would motivate a cop to do this?

Read the great post from The Connected Lawyer blog below regarding the absolutely ridiculous explanation provided by the officer.  Unbelievable!  He has the gall to say the cyclist ran into him when it’s clear that he ran into the biker blasting the bicyclist to the ground.  Thank God for the video or most folks would probably believe the lying officer…..

Thanks for reading,

Jim Reed

jreed@zifflaw.com

An Example of How Technology Has Changed Our Lives

via The Connected Lawyer by Bryan on 7/29/08

If you have not seen the video of the NYPD Office and the Critical Mass rider, (in which the bicyclist has been charged with attempted assault, resisting arrest and disorderly conduct) watch it below:

http://www.youtube.com/watch?v=oUkiyBVytRQ

According to the New York Daily News, the police officer described the above incident as follows:

Pogan [the officer] said he saw Long weaving in and out of lanes and obstructing traffic before he ordered the cyclist to stop. The cop claimed Long deliberately drove his bike into him, sending both of them falling to the ground. Pogan claimed to have suffered cuts from the impact.

Given the prevalence of cameras in almost every handheld device as well as the ease at which a video such as this can be added to You Tube, we now live in a world in which we no longer have to wonder whose story to believe. We can watch the video and determine for ourselves who committed the crime in this instance.

Plus, I have a pretty good suspicion that this video will end up as excellent evidence in a 1983 action against the NYPD.

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“A stitch in time saves nine.” I never really understood this proverb when I was growing up, though I certainly heard my father use it on more than one occasion as he cautioned me to take my time before embarking on a new endeavor.

As a personal injury attorney in the Elmira/Corning, New York area, I have now come to understand the true wisdom behind those words, especially when it comes to automobile maintenance. Accidents certainly do happen, but general awareness of basic automobile maintenance can go a long way toward preventing personal injuries and saving lives. Although I do not profess to be an expert mechanic in any way, I have decided to post basic auto tips periodically this summer to inform – or more likely, remind – readers of simple steps you can take to protect your families from injuries sustained in automobile accidents.To many people summer is synonymous with road trips and family vacation, and I hope my tips will help readers stay safe when hitting the roads.

Tip #1 – Check your Tires

Today is my parents’ 40th wedding anniversary. My father, ever the romantic, decided to take my mother to the Sherwood Inn in Skaneateles, New York for a little getaway. Alas, as my parents pulled out of Horseheads to begin their journey, they got a flat tire. Luckily neither was injured and my dad had the tools to change the tire, though they may have been “spared” (I couldn’t resist) a short delay if only my dad had followed his own advice and checked car before getting on the road.

Tires are crucial to vehicle’s handling, traction, and stability, and can cause an automobile to loose alignment if they are not in proper working order. In general, you should check each of tire periodically, or about once a month.

When checking your tires, first look for obvious defects and damage, and visit a professional if anything looks seriously amiss.

It is very wise to carry a tire gauge in your automobile at all times, and you should check the pressure in each of your tires every time you check them. Tire pressure changes due to a variety of factors, though they are most commonly affected by changes in weather or air temperature. A decrease in air temperature often causes a loss in tire pressure, while an increase in air temperature often causes a gain.

Each vehicle has its own recommended air pressure, and information about it can likely be found in your vehicle’s owners manual. Although a tire’s maximum pressure is listed on its in fine print, you should never use max pressure as a guide when filling your tires because over-inflation allows tires to puncture more easily and can create instability for your automobile.

As an avid bicycle rider, I realize the importance of checking the pressure of my bike’s tires before every ride I take to avoid an accident (and make the ride more enjoyable!) Although checking a vehicle’s tires before every trip may be a bit overly onerous, it is something all of us could do a bit more frequently in order to stay safe.

Thanks for reading,

Christina Bruner Sonsire

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Calling all Constitutional Law Junkies: June 26, 2008 was a monumental day.

It is not often (yet more frequent these days than is perhaps appropriate) that the U.S. Supreme Court authors a decision in which it offers — in nearly 150 pages of disparate, arguably subjective detail — overtly telepathic insight into the minds and hearts of the framers cast under a thin, unimpressive veil of stare decisis. A day to celebrate? Perhaps, as it was for the N.R.A. supporters and the libertarian crowd who view the District of Columbia, et. al. v. Heller through a narrow pragmatic lense as a promotion of individual liberties (and security that they can keep their guns.) A day for outrage? Apparently for a “frightened” Mayor Daley, as he trumpeted the call to fight for the right to ban guns in his hometown and plans were made to challenge similar laws in megapolises across the country.

I felt something in between. I feel scholastic excitement, to be sure. Heller , like Bush v. Gore, will certainly endure as a landmark case in Constitutional Law 101 for centuries to come. The majority opinion, authored by Justice Antonin Scalia and joined by Justices Roberts, Thomas, Alito and Kennedy, is bursting with interesting (if somewhat trivial given Scalia’s general predisposition against extra-four corners constitutional analysis) historical references — James Madison’s inclusion of a conscientious-objector clause in his original draft of the Second Amendment; E. de Vattel’s 1792 “The Law of Nations, or, Principals of the Law of Nature”; England’s 1671 “Game Act”; and, of course, the mighty and ever-persuasive Federalist Papers. (As a reverent admirer of the Papers, Read the rest…

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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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