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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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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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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“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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While getting the kids ready for school in the morning, I often have the TV on some news program to check the weather, school closings and local happenings before work.  What I have been seeing lately is disturbing.  Nearly every day, I see a commercial touting the need for tort reform to prevent law suit abuse and “frivolous lawsuits“.  It seems unlikely that in the 10 minutes I have the TV on that I am seeing the same commercial the only time it airs, meaning this commercial is on the air quite frequently.  This concerns me because the commercial is so misleading.

I have a confession to make.  Even though I have been an attorney for more than 10 years and have handled probably more than a thousand lawsuits over that time, I have never personally seen nor brought a frivolous lawsuit.  I don’t personally know any attorneys who have done so either.  That’s not to say they don’t exist, though.  Everyone has heard of the judge who sued his dry cleaner over the lost pants, and I have occasionally heard of an individual who is not represented by an attorney bringing harassing lawsuits against the same person or people over and over again.  What you never hear of, though, is an attorney who makes his or her living as a trial attorney bringing frivolous claims.  There is a pretty good reason for this, too.  As a trial attorney, I have grown accustomed to getting paid at some point in the litigation.  Whether it is a personal injury case taken on contingency (meaning I get a portion of the proceeds of the case) or a case taken on retainer (meaning I am paid on an hourly basis) I don’t handle cases where there is no chance of earning my fee.  By definition, a frivolous claim is one in which there is no viable cause of action which could earn a fee.

Yet another reason I don’t bring frivolous claims is that the ethics rules governing attorneys prohibit bringing frivolous claims.  I am not about to put my license to practice law at risk for a case in which there is no chance of earning a fee.  Every other attorney I know feels the same way, which is probably why the frivolous cases we hear about are brought by people representing themselves.

The commercial that prompted this blog makes it seem as if frivolous lawsuits are rampant.  My guess is that the people funding this commercial are the same ones who claim that all the medical malpractice lawsuits are frivolous.  They claim that the poor doctors are sued so often they settle cases just to get rid of them.  Yeah, right.  As someone who regularly sues insurance companies, I can personally assure you that they are not settling frivolous claims just to get rid of them.  Its difficult enough to get them to put realistic money on legitimate claims.

Here’s something else you haven’t heard about these so called frivolous lawsuits against doctors: unlike nearly every other type of insurance out there, the doctor’s medical malpractice insurer has to have the doctor’s permission to settle the case.  Your auto insurance carrier doesn’t need your permission to settle a claim against you, and neither does your home owner’s insurance company, but the doctor has to agree to any payment on a claim made against him, including the so-called frivolous claims.  Makes you think a little, doesn’t it?

The next time you see a commercial like this on TV, take a minute to think about the claims they are making and who has enough money at stake to pay the millions of dollars required for an advertising campaign of this magnitude.  Think about who has enough at stake to spend that much money attempting to brainwash the public into thinking that the judicial system is bursting at the seams with frivolous lawsuits.  Think who would want to have that commercial running through the minds of potential jurors as they climb into that jury box.  Do you think that the insurance companies have anything to do with it?

If you want to know why this type of false advertising gets us angry, imagine that you are the Plaintiff and its your future being decided by those jurors with that commercial running through their heads.

Are you angry now?

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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In a world seemingly dominated by all-encompassing HIPAA protections (i.e. the dozens of forms you are asked to sign when treated in the hospital) and daunting HIPAA fears (i.e. your boss’s warning that you cannot repeat, recite nor should you even remember information you learn from HIPAA sensitive documents while on the job,) the question inevitably arises: What can I do if I feel my so-called “HIPAA rights” are violated?

Proper analysis of that inquiry requires a basic understanding of Health Insurance Portability and Accountability Act of 1996.  (A complete copy of the HIPAA statute can be found at http://aspe.hhs.gov/admnsimp/pl104191.htm.)   Read the rest…

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As the newest addition to Ziff Law’s personal injury and malpractice litigation team, I would like to take this opportunity to introduce myself to the firm’s blogosphere community.  Without going into too many details about my so-called “pedigree” and educational background – information about which can be found on Ziff Law’s website at www.zifflaw.com or a recent Star Gazette article at http://www.stargazettenews.com/apps/pbcs.dll/article?AID=/20080322/BUSINESS/803220302 –  I want to provide you, the interested personal injury blog connoisseur, with some interesting (though not directly relevant to my practice) facts about me.