February 29, 2008

Blood Thinner Heparin Tied To Several Deaths

The Food and Drug Administration announced on February 28 that "potential deficiencies" at a Chinese plant that produces the active ingredient in Heparin, a blood thinner used to treat blood clots during dialysis and after some surgery, is a possible cause of 21 deaths, as well as hundreds of allergic reactions including vomiting, nausea and difficulty breathing. Baxter International, the company which makes the brand of Heparin that is now considered a potentially dangerous product, has announced an immediate recall of virtually all of its Heparin products, which it buys from a Chinese plant known as Changzhou SPL.

Heparin is made from pig intestines. In China and other developing countries, tracing the source of the animals used to make the product can be very difficult. The FDA also acknowledged that other problems which could have led to the manufacture of the dangerous product include the lack of specific procedures outlining removal of impurities, and no records showing the suppliers' source of the products.

The Food and Drug Administration estimates that over one million multi-dose vials of Heparin are sold per month in the United States, and half of those are manufactured and distributed by Baxter. However, the FDA has provided assurances that there is an adequate supply in the market to meet the demand for Heparin, which clearly is a necessary and lifesaving drug.

February 25, 2008

New York Insurance Cases--Do You Need A Private Attorney?

Our White Plains, New York office gets numerous calls and e-mails from clients confronted with a scenario in which they have been sued for more than their insurance coverage, and they receive a notice from the insurance company stating the following: "You may wish to retain a private attorney at your own cost and expense to protect your interests over and above your insurance coverage..." For example, we have represented an orthopedist who was sued for medical malpractice in Brooklyn, New York with a claim of serious injuries as a result of improper back surgery; a client in a Westchester County motor vehicle accident who had a minimal insurance policy ($25,000) and was being sued for more than $1,000,000; and the owner of a beer and beverage mart who was sued in a Dutchess County wrongful death case by the parents of some underage teens in which the teens bought beer at the mart and served the beer at a "keg party", resulting in the intoxication of a underaged partygoer who lost control of his car and was then involved in a horrific accident causing his death and serious injuries to four other teens.

The answer as to whether you need a private attorney involves a few significant factors. To begin with, in the case involving the Westchester County driver, one of the big issues was whether the injuries were serious enough to result in a verdict which could exceed the car insurance policy limits. In that Westchester County car crash case, the answer to the question was yes, as the policy limits were the smallest available in New York, and the injuries included a broken leg, which without question could result in a verdict of more than $25,000.

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February 12, 2008

NY Insurance Companies Latest Attack on No-Fault Benefits

Almost since the inception of New York's No-Fault Law in 1974, New York automobile insurance companies, and particularly, Allstate, State Farm, and New York Mutual Insurance, to name a few, have for years, added insult to the injury of our clients' car accident injuries by seeking to cut off benefits as soon as possible. This, despite the fact that their insureds have loyally paid their premiums for years, and then when they need to be "In Good Hands", instead they get a letter informing them that they are not covered for their medical treatment as a result of the accident.

The way the system works is this. When you are in a New York automobile accident, you begin to treat with an orthopedist, neurologist, chiropractor or physical therapist for your injuries. Assuming you do not have a fracture, which automatically makes you eligible for no-fault benefits as meeting the "No-Fault Threshold", the insurance companies, sometimes as soon as two weeks after the accident, will send you to their orthopedists, neurologists, or chiropractors, who routinely and without exception will find that there is no "serious injury", (serious injury being the legal standard you must meet to be eligible for no-fault benefits) and that no further treatment is required. The reason the insurance companies schedule these so called "IME's" (meaning Independent Medical Examinations" despite the fact that there is absolutely nothing "independent" about them), is that they know that another way to substantiate a serious injury is through 90 days of continuous treatment within the first 180 days after an accident.

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February 4, 2008

Fatal Putnam County DWI Crash Leads To Conviction Of Bar Owner

In an update to our December 21, 2007 blog "Drunk Driver Had 12-14 Drinks Before Fatal Accident", Raymond Knox, Jr., the owner of the Paddock Restaurant & Tavern, in Patterson, New York was convicted of violating New York's alcoholic beverage law , in which a bartender or a server can be held criminally responsible for serving an alcohol impaired patron.

On January 28, 2008, Patterson Town Court Judge John King found Knox guilty of allowing his off duty bar manager, Sandra Longchamps, to be served alcohol while she was visibly intoxicated, as well as allowing gambling at his Route 22 tavern. Knox was found not guilty of the remaining charge that he served alcohol to a "habitual drunkard", as prosecutors had claimed of Ms. Longchamps.

Southeast, New York prosecutors had charged that as a result of Ms. Longchamps' intoxication, she drove her Ford Explorer on Route 22 head-on into a minivan operated by 34 year old Kirsten Henry, who was driving with her three children and husband in the car. Both women were killed in the car accident, but Ms. Henry's three minor children ranging in age from 2 to 7 survived, as did her husband.

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