For many trial attorneys, their favorite part of a trial is cross examination where there is direct confrontation of a witness. And while it is a vital part of any trial, for me, the best part of a trial is the summation. You have a captive audience, get to speak pretty much uninterrupted about something you’re passionate about (your client’s case), and it’s the end of the case! A trial is a 24 hour job and you now turn the matter over to a jury. The result is now out of your hands. Continue reading
The RGLZ Report
Helping Workers Recover Damages from Negligent Third Parties
The nature of construction work makes it all too easy for workers to be injured by falling objects and flying debris. If employers and contractors do not provide adequate safety equipment, workers can be seriously or fatally injured by falling objects. Continue reading
The judicial subpoena is a crucial tool for any lawyer seeking to ensure the attendance at trial of a witness not under their control. CPLR 2303 details the proper method of service for a judicial subpoena. CPLR 2303 & 8001 require a witness fee be provided a reasonable time in advance of the trial, in the amount of $15 dollars for each day’s attendance and $0.23 in travel expenses for each mile traveled (covering the distance from the place served to the Courthouse). Continue reading
HOW TO PROTECT YOUR FAMILY THIS SUMMER BEFORE EVER GETTING BEHIND THE WHEEL
Summer is a great time to spend quality time with family and friends. Nothing is more relaxing than piling your family into the car and taking a road trip. Whether that road trip is a few miles down the road, or hundreds of miles away from home, some of the best memories of childhood are family road trips. However, life is oftentimes unpredictable and in a moment, can take an unexpected twist. If one of these unpredictable life moments occurs on the roadway, are you and your family protected? Continue reading
MEDICAL MALPRACTICE IS NOW THE THIRD LEADING CAUSE OF DEATH IN THE UNITED STATES
While President Trump and the newly elected Republican Congress clamor to enact restrictions on victim’s legal rights, including caps on damages, lost in their enthusiasm to protect big business, doctors and hospitals are reports that incidents of medical malpractice are at epidemic levels. In fact, it was recently reported that deaths from medical errors is now the third leading cause of death in the United States. Continue reading
The Best and The Worst Auto Insurance Companies in New York State
The New York State Department of Financial Services has released its most recent survey of the most complained about insurance carriers in the State of New York.
The complaint data ranks all 169 automobile insurance companies doing business in the State of New York based upon a complaint ratio taking into account the size of the insurance carrier and its premium volume. Continue reading
New Medicare cards offer greater protection to more than 57.7 million Americans
New cards will no longer contain Social Security numbers, to combat fraud and illegal use
The Centers for Medicare & Medicaid Services (CMS) is readying a fraud prevention initiative that removes Social Security numbers from Medicare cards to help combat identity theft, and safeguard taxpayer dollars. The new cards will use a unique, randomly-assigned number called a Medicare Beneficiary Identifier (MBI), to replace the Social Security-based Health Insurance Claim Number (HICN) currently used on the Medicare card. CMS will begin mailing new cards in April 2018 and will meet the congressional deadline for replacing all Medicare cards by April 2019. Today, CMS kicks-off a multi-faceted outreach campaign to help providers get ready for the new MBI.
If you are a provider visit the CMS site to learn more by clicking HERE.
Beneficiaries can visit the Medicare.Gov site to learn more about this change.
May is Motorcycle Awareness Month
We urge everyone to share the road and be alert, and we’re especially reminding motorcyclists to make yourselves visible, to use DOT-compliant motorcycle helmets, and to always ride sober.
How to choose the right helmet before you hit the road.Watch this Video from the NHTSA: https://www.youtube.com/watch?v=uB0ZY55ty7Q&feature=youtu.be
If you ride a motorcycle, you already know how exciting it can be. You love cruising the open road. But riding a motorcycle can also be challenging as well as dangerous. Continue reading
RGLZ Personal Injury Law has always been active in pursuing medical device, drug and mass tort product liability cases, but we are expanding our mass tort practice with the addition to our firm of Tom Valet. Tom was a founding partner of the Rheingold, Valet law firm, where he worked for more than 30 years on mass tort, medical malpractice and product liability cases, for which his firm had a national reputation. Tom now brings that wealth of experience to RGLZ.
RGLZ is currently looking for cases involving the following drugs and devices:
Ethicon Physiomesh, Atrium C-Qur, And Bard Ventralex Surgical Mesh Failures:
There are a variety of mesh products used to surgically treat hernias and other soft-tissue defects, with doctors using these products in more than 1 million operations each year. Many of these mesh products are associated with serious complications including mesh failures and high infection rates. Over the years there have been numerous recalls and litigations involving surgical mesh and the newer designs continue to be associated with serious medical complications, particularly mesh made from polypropylene.
Physiomesh, manufactured by Ethicon, was voluntarily recalled from the worldwide marker last year after reports of significantly higher complication rates causing recurrence and the need for reoperation. In 2012, the FDA issued a warning letter to Atrium after it failed to investigate reports of high infection and failure rates tied to its mesh product, the Atrium C QUR. The Bard Ventralux mesh has also been associated with serious complications including bowel obstruction, bowel perforation and high infection rates. RGLZ is currently representing clients injured by these products and welcomes the referral of clients of yours who have experienced a problem related to the use of hernia mesh products.
Proton Pump Inhibitors:
Proton Pump Inhibitors (PPIs) are drugs prescribed for the treatment of acid-reflux and other gastric-acid disorders of the upper GI tract. They include popularly known drugs such as Nexium, Prilosec, Prevacid and Protonix. For years there have been reports of issues with these drugs related to bone fractures and heart attacks, but new research suggests a link between PPIs and a form of kidney disease known as Acute Interstitial Nephritis. Adverse effects of PPIs appear to be more prevalent with long-term use of these drugs. RGLZ is currently handling a number of PPI cases and welcomes referral of any client of yours who used a PPI and has suffered an injury as a result.
IVC Filter Cases:
Inferior Vena Cava filters are medical devices implanted into a patient’s vena cava, the body’s largest vein which carries blood back to the heart from the lower body. IVC filters are designed to prevent blood clots from reaching the heart and lungs in patients at risk for formation of emboli who cannot be treated with blood thinners.
The devices are designed to be retrievable by the surgeon after short-term use, but in many cases the IVC filters are left in permanently. Retrieval of IVC filters is often not possible because the devices are prone to fracturing, migration and embedment in the wall of the vein. Bard and Cook are the most common brands of IVC filters and MDLs (Multi-District Litigations) have been established for coordination of cases in federal court. RGLZ is participating in the MDLs with a number of IVC filter cases in suit.
Drug manufacturers continue to develop and promote new drugs for treatment of Type 2 Diabetes, many of which are associated with serious medical conditions. Invokana and Farxiga are two such drugs, known as SGLT2 Inhibitors, which work to lower the patient’s blood sugar by helping the kidneys remove excess sugar through their urine. Starting in 2015 the FDA required enhanced warnings for Invokana and Farxiga. Previously unreported side effects for which additional warnings are now required include the development of ketoacidosis, a serious condition related to excess acid in the blood, and acute kidney injuries tied to these drugs.
This drug was developed and approved by the FDA for treatment of nausea in chemotherapy patients. The manufacturer, GlaxoSmithKline, however, improperly began promoting the drug off-label for use in pregnant women suffering from severe cases of morning sickness. Virtually no research had been done, however, into the effects of Zofran in pregnancy, and reports soon surfaced of a variety of birth defects believed to be tied to the drug. These birth defects include cleft palette and severe malformations of the heart.
Medical malpractice cases also exist against Obstetricians who prescribed this drug to their patients off-label despite the lack of research into its effects when used during pregnancy. RGLZ is currently handling a case involving a baby born with severe heart defects and other serious medical issues related to the use of this drug.
3M Bair Hugger:
This medical device is a forced-air blanket used during surgery to maintain the patient’s body temperature. The system, however, recirculates air contaminated with bacteria, causing infections in the patient. Patients undergoing knee or hip replacement are at particular risk of deep joint infections, which are extremely difficult to treat.
Metal-on-Metal Hip Replacements:
Suits for defective and recalled artificial hips have been ongoing for years now, with several major settlements of litigations involving DePuy and Stryker hips. RGLZ is investigating any case involving metal-on-metal hips, including DePuy ASR Systems which were recalled in 2010, DePuy Pinnacle hips, and Stryker Rejuvinate hips which were recalled in 2012. Other metal-on-metal hips in litigation include those manufactured by Zimmer, Wright and Biomet.
Defective Carbon Fiber Bicycles:
High-end bicycle manufacturers charge a premium for bicycle frames made from carbon fiber, which are touted as being stronger and lighter than metal bike frames. Unknown to most consumers, however, is that despite their branding, these frames are not manufactured in Europe or the United States. Rather, they are made in China, with limited quality control. These defective carbon fiber frames can crack while riding, causing crashes and falls that have resulted in serious injuries and death.
Essure Birth Control Device:
The Essure Birth Control device is a metal coil inserted into a woman’s fallopian tube to provide permanent sterilization. The device, however, has been reported to be associated with a variety of complications, including perforation of the fallopian tube or uterus and migration into the abdomen or pelvis. Tom Valet handled one of the first cases involving this device, in which he successfully sued the implanting doctor who failed to recognize that the Essure device had migrated out of the fallopian tube and perforated his client’s uterus.
Check your Motorcycle Tires Before You Ride
Spring has arrived, and most of us in New York can’t wait to jump on our motorcycles at the first sign of good riding weather. But remember, let’s not jump the gun on safety either. Below are a few tips on why it’s so important to check your motorcycle tires before you head out on the highway. Continue reading