Syracuse Injury Lawyer Blog

Topamax is a very popular antiseizure medication prescribed around the country to treat epilepsy and migraine headaches. Topamax also goes by the generic name, Topiramate.

On March 4, 2011, the Food and Drug Administration issued an official Safety Alert about Topamax. The Safety Alert entitled "Topamax (topiramate): Label Change - Risk For Development of Cleft Lip and/or Cleft Palate In Newborns," provided that the FDA had changed Topamax from a Category "C" to a Category "D" pregnancy drug. Category "D" pregnancy drugs have the potential to harm a developing fetus.

Prior to March of 2011, the Topamax package insert did not expressly mention cleft palate in newborns as a potential side effect the drug. The newly revised package language provides that "TOPAMAX use during pregnancy can cause cleft lip and/or cleft palate," "[p]regnancy: increases risk of cleft lip and/or palate," and "[d]ata from pregnancy registries indicate that infants exposed to topiramate in utero have an increased risk for cleft lip and/or cleft palate (oral clefts)." Additional information can be found in our entry entitled "Syracuse New York Topamax Birth Defect Lawyers Report Risk of Cleft Palate."

If you took Topamax during pregnancy and your child was born with a cleft lip, cleft palate, or other serious birth defect including a penile abnormality known as a hypospadius, contact our legal team to learn whether you should file a Topamax birth defect lawsuit.

"Bottar Leone, PLLC will be investigating Topamax birth defect cases," said Anthony S. Bottar, Esq., a New York product liability lawyer.

On March 7, 2011, the Food and Drug Administration announced a change in the pregnancy class of Topamax (Topiramate) from a category "C" drug to a category "D" drug. Category "D" drugs may present a risk of harm to a human fetus. The "Safety Announcement," entitled "FDA Drug Safety Communication: Risk of Oral Clefts In Children Born To Mothers Taking Topamax (Topiramate)" provided that "[i]f you take topiramate during pregnancy, there is a higher risk that your baby will develop a cleft lip and/or cleft palate. Oral clefts happen early in pregnancy, before many women even know they are pregnant. For this reason, women of childbearing age should talk to their healthcare professionals about other treatment options."

The FDA press release was based upon data reported by the North American Antiepileptic Drug Pregnancy Registry. According to the NAAED data, 1.4% of children born to mothers taking Topamax developed a cleft palate, as compared to 0.38 to 0.55% of children born to mothers taking different antiepileptic drugs, and 0.07% of children born to mothers without epilepsy treatment. Based upon this data, the risk of a developing a cleft palate while on Topamax is 2-3 times higher than the risk associated with similar drugs, and roughly 20 times the risk faced by the general population.

In May of 2010, Ortho-MacNeil was fined for illegally promoting Topamax. Read more in our entry entitled "Topamax Manufacturer Fined $6M By FDA For Illegal Promotion of Topiramate."

Continue reading "Syracuse New York Topamax Birth Defect Lawyers Report Risk of Cleft Palate" »

UPS has agreed to pay a $1,300,000.00 fine and will submit to independent New York State vehicle inspections for 5 years in order to settle allegations that it knowingly permitted unsafe delivery vehicles to operate within the State of New York. "The investigation, and settlement, should reduce the risk of UPS delivery truck accidents caused by equipment failure," said Syracuse personal injury lawyer Michael A. Bottar, Esq. of Bottar Leone, PLLC, an upstate New York law firm with nearly three decades of experience handling complex personal injury matters.

Bottar added, "sometimes, claims against couriers like FedEx, UPS or DHL are more complicated than truck driver negligence. In our practice, we are often asked to invest significant resources into determining whether it was vehicle failure, not driver inattention, that led to the accident. Certainly, businesses can be liable for allowing tires to wear, brakes to fade, and frames to crack."

According to a March 1, 2011 press release entitled "A.G. Schneiderman Announces Crackdown on Dangerous UPS Trucks, Secures $1.3 Million In Settlement," an OAG investigation dating back to 2004 began when a UPS mechanic advised the OAG that UPS was allowing UPS delivery trucks to be driven, despite cracked frames. Apparently, potentially dangerous trucks were identified through an "Annual Vehicle Retirement Process" but were kept in operation despite "cracked" or "rotted" frames.

Attorney General Eric Schneiderman was quoted in the North Country Gazette as stating "UPS knowingly endangered not only the lives of their own employees but the lives of the driving public." Further, "[b]y keeping these rotting and decaying trucks on the roadways, UPS was an accident waiting to happen." According to UPS, it "neither admits nor denies the allegations that formed the basis of the investigation."

Continue reading "New York Unsafe UPS Delivery Truck Claims Settled Before Accident or Personal Injury" »

"For nearly three decades, Bottar Leone, PLLC has represented people throughout the State, like 27 year old Erin Freitag, who have been injured by a municipal employee," said Syracuse personal injury lawyer Michael A. Bottar, Esq. "Sometimes municipal employees are negligent, usually by failing to properly maintain a roadway (leading to an accident), or for failing to timely remove snow/ice accumulation but, from time-to-time, we are asked to represent people involved in an incident with a municipal dump truck, garbage truck, plow or piece of heavy equipment."

According to the Watertown Daily Times, Ms. Freitag was walking through an Elm Street parking lot on March 18, 2011 when she was run over by the back tires of a Potsdam Department of Public Works front loader. Whether the Village DPW is liable for Ms. Freitag's injuries will depend on how the accident occurred. Even if media reports suggesting that Ms. Freitag was distracted are true, that does not mean that the Village does not owe her a duty of care.

"Anyone can make a mistake at any time," Bottar added. "Even an employee with a perfect safety record. Years ago, we represented a woman who was run over by a street sweeper. She was, literally, sucked-up into the machine. True story! When municipal employees finally found her inside the street sweeper bin, she was badly injured. That employee had a good safety record, but the woman should not have been run-over."

Continue reading "Injured Potsdam Woman Stable Following New York Front Loader Accident " »

Anthony S. Bottar, Esq., of Bottar Leone, PLLC, a team of Syracuse personal injury lawyers handling complex New York car accident lawsuits throughout Upstate, has filed a lawsuit on behalf of Tammy and Zackary Burkard, and the Estate of Robert Burkard, deceased.

The lawsuit against Leo R. Coleman, 29, arises out of a collision that occurred in June of 2009 at the intersection of County Route 54 and Morris Tract Road, in the Town of Clayton. A pickup truck being driven by Coleman broadsided the Burkard's Jeep. Robert Burkard was killed in the collision. Tammy Burkard and her son suffered serious injuries. According to the Watertown Daily Times, Coleman was charged with first degree vehicular assault, driving while intoxicated and seventh degree criminal possession of a controlled substance, cocaine. According to WWNY, Coleman told the Court "I operated my car and was intoxicated and drove at a high rate of speed and the way I drove caused the death of Mr. Burkard and injured Mrs. Burkard." Coleman is presently incarcerated at Wyoming Correctional Facility.

The Coleman family owns a number of north country restaurants, including the Fairground Inn, Barracks Inn, Sboro's, Cavallario's Cucina, Shorty's, Art's Jug and Atilio's in Watertown, Foxy's Restaurant in Fisher's Landing, The Stone Jug in Sackett's Harbor, and Cavallario's Bayside Pizza and Steak and Seafood House in Alexandria Bay.

Continue reading "Watertown Car Accident Lawyer Files New York Wrongful Death Lawsuit" »

Your News Now reports that an Amtrak passenger train traveling from Cleveland, Ohio to Albany, New York collided with a tractor trailer in Dunkirk last week. The driver of the semi-truck was killed in the accident, though neither the train's crew members nor any of its 236 passengers were injured in the crash.

Police reported that the driver of the truck attempted to drive around a lowered track crossing gate when the cab of his truck was struck by the train that was traveling over sixty miles per hour. Passengers said they felt the impact of the collision, but were otherwise unaware of what had occurred until several hours later.

Trains are a part of every day life here in central New York, and while they are a necessary and useful part of our transportation infrastructure, they also pose a threat to passengers, pedestrians, and motor vehicles. Because trains are heavy and travel at high speeds, when railway accidents occur, they usually have devastating consequences.

If you or a loved one has been the victim of a train collision, you should speak with a trained New York railroad accident lawyer as soon as possible. Train accidents have unique legal issues, and an attorney can analyze the circumstances of your case to provide sound legal advice to ensure that your rights are preserved.

To discuss your case or concerns with an experienced Syracuse personal injury attorney, contact Bottar Leone, PLLC now at (315) 422-3466, (800) 336-LAWS, or by e-mail at info@bottarleone.com.