Syracuse Injury Lawyer Blog

According to Syracuse.com, the body of Richard G. Fesko was found on Friday afternoon in a manure pit off of East Lake Road in Skaneateles, New York. The circumstances of Mr. Fesko's death are under investigation. The family told police that Mr. Fesko was spreading manure the day he died.

Generally, manure is spread by a tractor equipped with a manure spreader. Customarily, the spreader is either attached to or pulled behind the tractor. Tractor attachments, including manure spreaders, can cause tractors to become unstable and tip or roll depending upon the terrain. If a tractor that does not have ROPS (roll over protection systems) flips or rolls, the driver can be thrown from the equipment and suffer serious injury and/or be crushed underneath the weight of the machine.

For more than twenty years, farm equipment manufacturers have known that ROPS save lives. While most manufacturers build their machines with ROPS, some have refused to do so -- primarily because ROPS make equipment more expensive. In these circumstances, the manufacturer of the equipment may be liable for personal injury and/or wrongful death. Other equipment was manufactured and sold before ROPS became standard operating equipment. Even so, manufacturers have a duty to notify existing customers that safety devices have become available and can be retrofit to old machines. We discussed ROPS subsidies in our prior post entitled "New York Tractor Rollover Injury and Death To Decline With ROPS Subsidy."

If you or a loved one were injured in a farm tractor accident or lawn mower accident and would like to know whether you have a claim against the manufacturer for product liability, contact our Syracuse New York personal injury lawyers at 800-336-5297 or by email at info@bottarleone.com.

"New York has more than 7,000,000 acres of farmland and almost 25,000 farm families. And farming in New York, especially on our hilly landscape, can be challenging," said Syracuse personal injury lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC, a team of New York product liability attorneys.

According to the National Safety Council, the leading cause of farmer death over the past 40 years has been tractor rollovers or overturns. Many of the tractors involved in incidents leading to serious injury or death were brought into the country long ago. Some of the tractors were imported through intended channels, including authorized United States dealers and distributors. However, some of the equipment is "gray market." Gray market equipment is equipment manufactured for another market, such as Asia, but imported into the United States through private channels for resale and use.

However tractors made their way into the United States, and into the possession of New York farmers, many are not equipped with rollover protection systems (also known as ROPS). ROPS include seatbelts, as well as cabins or cages to protect an occupant from a crush injury should the equipment flip during use. "These machines may be unreasonably dangerous and, in turn, defective," Bottar said.

This year, New York State will spend as much as $100,000.00 to equip tractors with ROPS by offering a discount or subsidy to farmers of $600.00 for a ROPS system to update equipment manufactured by, e.g., Kubota, Yanmar and Caterpillar. The telephone number for the ROPS hotline is: 1-877-ROPS-R4U.

Continue reading "New York Tractor Rollover Injury and Death To Decline With ROPS Subsidy" »

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" »

Topamax is an antiseizure medication manufactured by Ortho-MacNeil Pharmaceutical, a Johnson & Johnson subsidiary. Recently, Ortho-MacNeil pleaded guilty to misdemeanor violation of the Food, Drug & Cosmetic Act, and was fined more than $6,000,000.00 for its misconduct. An Ortho-MacNeil affiliate, Ortho-MacNeil-Janssen Pharmaceuticals, Inc., will also pay more than $75,000,000.00 to resolve civil allegations under the False Claims Act for improper Topamax promotion.

According to an FDA press release entitled "Ortho-MacNeil Pharmaceutical LLC Pleads Guilty To Illegal Promotion of Topamax and Is Sentenced To Criminal Fine of $6.14 Million," Ortho-MacNeil marketed Topamax for psychiatric uses for which it was not FDA-approved.

"One of the nation's premier DePuy ASR hip recall conferences was held yesterday in Florida," said Syracuse New York hip recall lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC. "I flew down to attend the confernce," Bottar said, "and there were no Upstate New York product liability lawyers in attendance. Not one. How can they advertise on Central New York television that they are competent to prosecute DePuy hip cases and not attend the pre-MDL conference put on by the nation's most experienced defective product lawyers and with input from the nation's top experts!?"

Many topics were discussed at the plaintiff-lawyer-only conference, including strategy for the law firms that plan to steer the mass tort litigation. The specifics of the conference are confidential and cannot be discussed here. In general, the conference addressed the recall which we reported in blog posts entitled "DePuy Hip Recall Impacts Syracuse, Utica, and Binghamton New York Hip Implant Patients" and "Syracuse DePuy ASR Hip Recall Lawyers Encourage New York Hip Implant Recipients Not To Sign Medical Release."

"At this juncture, we are focused on evidence preservation. As clients throughout New York request that Bottar Leone, PLLC represent them, we are taking steps to protect explanted devices (i.e., devices that have been removed) and to ensure that records are preserved," Bottar added. "For sure, these claims should not be 'quick buck' cases for the TV personal injury lawyers. There is a very real risk of long-term health consequences from exposure to cobalt and chromium and the research is not there yet on, e.g., cancer, chromosomal damage and immune modulation. We are also concerned about metallosis, aspetic lymphocytic vasculitis associated lesions (ALVAL), and pseudotumors. We need some time to develop the medicine."

Before you hire an attorney to investigate the merits of a DePuy hip recall lawsuit, be sure that s/he has the necessary qualifications to prosecute a complex product liability lawsuit. With decades of experience handling defective product cases, and at the cutting edge of DePuy litigation, the Bottar Leone, PLLC legal team stands ready to serve the community.

A recent Associated Press news story on CNYcentral.com reports that Boncheff Greenhouses Inc. sold several batches of herbs that may have been contaminated by salmonella. The Canadian company, based in Toronto, may have distributed tainted cilantro, curly parsley, and flat leaf Italian parsley through multiple grocery market chains in several New York municipalities, as well as Erie, Pennsylvania. The herbs were sold during the last two weeks in December of 2010, and Boncheff has offered refunds for customers who return any of the affected packages to their place of purchase. Thankfully, there have been no reported cases of salmonella linked to the herbs.

The threat of salmonella is very real, and while the illness is hazardous to adults, it can be fatal both for children and those with depleted immune systems. Unfortunately, the presence of salmonella has not been removed from all the food we buy from our local grocer, and this news story serves as a reminder that contaminated food makes its way onto store shelves despite the best efforts of companies and regulatory agencies. While you cannot control whether or not you get sick from a defective or contaminated product, you can control what you do if you are sickened or injured. A skilled Syracuse product liability attorney can assess the merits of your foodborne illness case and determine the best course of action. Not every case is compensable under the law, but speaking with a lawyer is the only way to find out if you have any legal recourse.

Continue reading "Recall for Cilantro and Parsley Sold in New York With Salmonella" »

The US Consumer Product Safety Commission (CPSC) and Wal-Mart have recently issued a voluntary recall of the Flow Pro, Airtech, Aloha Breeze, and Comfort Essentials 1500 watt electric heaters sold by the retail chain from 2001 - 2009. The CPSC reports that the recall is for approximately 2.2 million heaters that may malfunction in a way that can cause overheating, smoking, burning, melting, and fire. Twenty-one incidents total were reported, with four reported injuries caused by burns and smoke inhalation. While this is a voluntary recall, the CPSC advises that all customers stop use of the heater immediately and take them back to any Wal-Mart store to receive a refund.

The Consumer Product Safety Commission issues hundreds of product recalls every year, and annually many people are injured by those malfunctioning vehicles, tools, and other items. When such injuries are serious enough, the medical bills and property damage can become a significant burden for the victims. The services of a Syracuse product liability lawyer can help you obtain compensation for those damages, so if you were hurt by one of the recalled heaters discussed above or any other product caused you harm, you should consult an attorney today to determine your rights.

To discuss your case or concerns with an experienced personal injury attorney, contact Bottar Leone, PLLC at (315) 422-3466, (800) 336-LAWS, or by e-mail at info@bottarleone.com. Our lawyers have successfully represented many others in products liability cases, so call today to see what we can do for you.

A story by the Associated Press on Syracuse.com reports that Chrysler and Volkswagen have announced recalls for several vehicles in response to accidental air bag deployments and possible fuel leak issues. The Chrysler models in question are 2008 model year Town and Country and Dodge Caravan minivans, and the issue is a water leak from the air conditioner drain that may cause unintended air bag deployment. The company reports that over 367,000 vehicles are included in the recall after receiving thirty complaints and five reported injuries due to the issue.

Volkswagen has issued a recall of over 228,000 Golfs, Jettas, Rabbits, and New Beetles built from 2006 - 2010, depending upon the model. The company stated that a plastic tab located on the windshield wiper fluid reservoir may chafe a nearby fuel line and create a leak that could pose a risk of fire in the Golfs, Jettas, and Rabbits in question. The New Beetles have a similar issue caused by a fastening clamp on a power steering hydraulic fluid hose. Unlike the vehicles involved in the Chrysler recall, there have been no reported injuries from Volkswagen's fuel leak issues.

If you or someone close to you has been injured by one of the cars mentioned above, it is in your interest to consult with a New York product liability and car recall lawyer as soon as possible. An attorney can evaluate the circumstances of your case and determine the viability of your legal claims. Should you have such a claim, a lawyer may be able to help you secure compensation for the injuries you have suffered.

Continue reading "Chrysler and Volkswagen Recall 600,000 Vehicles Due to Possible Safety Hazards" »

"Darvocet and Darvon have been recalled," said Michael A. Bottar, a Syracuse Darvocet recall lawyer with Bottar Leone, PLLC, a team of upstate New York product liability attorneys investigating Darvocet and Darvon recall lawsuits.

On November 19, 2010, Xanodyne Pharmaceuticals, Inc., voluntarily recalled Darvocet and Darvon from the U.S. market. "The Food & Drug Administration believes that Darvocet and Darvon, which are brand names for propoxyphene 'can cause problems with the heart.'" Potential cardiac-related side effects may include hypotension, reduced cardiac output, interruption of electrical impulses and a slowed heart beat. A representative from the FDA recommended that patients taking propoxyphene consult with their physicians and "not use it any longer." A video released by the FDA can be found here.

Continue reading "Syracuse Darvocet Darvon Recall Lawyers Report FDA Warning Of Propoxyphene Heart Damage Risk" »

DePuy (pronounced "DePew") Orthopedics is the manufacturer of several medical devices, including the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System, which were sold in the United States beginning in 2005. Between 2005 and August 24, 2010 - when DePuy publicly recalled approximately 93,000 devices - the Company and the FDA received numerous complaints about device failures, including dislocation and fracture.

According to Syracuse DePuy hip recall lawyer Michael A. Bottar, Esq., an attorney with Bottar Leone, PLLC, a team of trial lawyers handling several New York DePuy defective hip lawsuits, "DePuy has reported that as many as 1 in 8 people (12-13%) who received a DePuy hip replacement device will need a "revision" within five (5) years. A "revision" is a second surgery to remove the DePuy device and replace it with a different product." According to reports, this revision rate is higher than in similar implants manufactured by DePuy's competitors.

Bottar added, "[w]e are concerned about the timing of the recall. Apparently, DePuy stopped selling these products in Australia long before the U.S. recall in August of 2010." We need to know why DePuy thought it prudent to continue implant sales in the United States after it terminated sales elsewhere in the world.

"DePuy will have to answer tough questions in Court." Our New York product liability lawyers want to know why DePuy did not do more, sooner, especially where its failing metal-on-metal products may lead to metallosis or cobaltism. DePuy hip implant recipients diagnosed with metallosis, or those with a DePuy hip who have been diagnosed with cobaltism may be at risk for health problems.

Continue reading "Syracuse DePuy ASR Hip Implant Lawyers Review Timing of Recall In New York" »

According to the upstate New York defective hip lawyers at Bottar Leone, PLLC, DePuy Orthopaedic, Inc.'s ASR XL Acetabular and Hip Resurfacing Systems have been recalled due to high revision rates. DePuy announced on August 24, 2010, that it would no longer sell the products in the United States. Patients were encouraged to speak with their surgeons to determine if they need to have the hip removed or "revised."

We are concerned about patients with a DePuy hip who have been diagnosed with metallosis or cobalt poisoning known as cobaltism. "Prolonged exposure to cobalt may be dangerous," said Michael A. Bottar, Esq., a Syracuse attorney investigating several New York DePuy hip lawsuits. "We will be filing claims on behalf of patients around New York state who have suffered for years with a painful DePuy hip, and who have had or will need a second surgery to remove the product."

Amidst the recall, DePuy Orthopaedics, Inc., posted third quarter 2010 sales of $15,000,000,000.00. DePuy is a Johnson & Johnson company. For the same quarter, Johnson & Johnson posted a profit of $3,420,000,000.00. According to reports, implants account for more than 30% of Johnson & Johnson's total sales.

Continue reading "DePuy Hip Recall Impacts Watertown, Utica and Binghamton New York Implant Patients" »

A recent U.K. study of more than 11 million patients recently revealed that people taking antispychotic drugs are at an increased risk for blood clots. The increased risk may be as much as 30%. According to Syracuse stroke lawyer Michael A. Bottar, "blood clots can form almost anywhere and, if they break free, they can travel to the lungs and cause a pulmonary embolus. A pulmonary embolus, which has symptoms similar to a heart attack, may result in sudden death."

High risk drugs identified in the study include atypical drugs like Seroquel, Risperdal and Zyprexa, as well as conventional drugs like Thorazine and Haldol. While the risk of being diagnosed with a blood clot while taking an antidepressant remains small, the study did establish that these drugs may drastically increase the risk of a clot. According to researchers, "Seroquel use was associates with a nearly threefold adjusted increase in risk among the study population." Doctors should be aware of the risks so that they can avoid prescribing these drugs to patients already at high risk for clots, and so that they can properly monitor patients taking the drugs to prevent or timely treat a thrombosis or embolus. Where a doctor fails to diagnose a clot, and the clot causes harm, s/he may be liable for medical malpractice.

Continue reading "Blood Clots Causing Pulmonary Embolus In New York Linked To Antipscyhotic Drugs: Wrongful Death Lawsuits To Follow?" »

A scaffolding erected in Binghamton on June 2, 2010 collapsed yesterday, the first day it was put into use. The scaffolding, which was built alongside a dormitory as part of a multi-million dollar construction project underway at Binghamton University, was intended to be used to elevate construction workers assigned to the project.

According to the Syracuse work injury lawyers at Bottar Leone, PLLC, on June 3, 2010, six Syracuse-based Apple Roofing employees were on the scaffolding platform when it failed. Each of the men fell more than five stories to the ground, suffering severe personal injuries. One worker is in critical condition. OSHA, the organization responsible for investigating work injuries, such as New York construction workers injured in a fall, is reviewing the cause of the Binghamton construction accident.

While it is too early to tell who is responsible for the Binghamton scaffolding collapse, if anyone, there are several entities who could be responsible. By operation of the New York State Labor Laws, specifically section 240, all contractors, property owners, and their agents who are engaged in erection, demolition, repair, alteration, painting, cleaning or pointing of a building or structure may be liable for injuries where a construction worker falls from a height due to the lack of proper scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes and other safety devices.

Our Syracuse workplace accident lawyers, handling Binghamton construction site falls, have decades of experience handling complex work injury claims around the State of New York including, for example, a construction worker injured in the infamous Marcy Bridge collapse (global settlement of $15,650,000.00), a construction worker crushed in a delivery accident ($3,000,000.00), a construction worker injured from a fall inside the Syracuse War Memorial ($2,100,000 jury verdict), and a construction worker injured when an Adirondack mine utility pole collapsed ($1,700,000.00).

Construction site accident cases can be complicated, expensive to prove, and take time. Who you hire to represent you is critical. When you select a lawyer, make sure s/he is properly qualified, with a history of results. To contact the Bottar Leone, PLLC, legal team call 1-800-336-5297, or email us at info@bottarleone.com.

Over the past few months, the Syracuse New York product liability lawyers of Bottar Leone, PLLC, have fielded many calls seeking our help to investigate whether a Toyota gas pedal defect was responsible for a car accident.

Initially, Toyota told the public that gas pedals jammed by defective floor mats were causing accidents and recommended that more than 3,800,000 Toyota owners remove their floor mats to prevent injury. Upon further investigation, Toyota announced that accidents were also being caused by sticky gas pedals and recommended that owners have their cars serviced so that the pedals could be modified. Recalls then soared to 8,000,000 vehicles. Even so, many Toyota critics believe that Toyota has not gone far enough to remedy safety problems with much of its product line. Many still suggest that the real problem is rooted in Toyota's electronics.

It is hard to tell whether Toyota's efforts are genuine. According to a recent press release, Toyota may have saved as much as $100,000,000.00 by negotiating with the National Highway Traffic Safety Administration officials in an effort to gloss over safety defects in many models and prevent massive Toyota recalls due to unintended acceleration. Apparently, Toyota considered its ability to focus NHTSA attention on floor mats, rather than on the gas pedals, to be a "win" for the Toyota "safety group." Toyota's "win," as reduced to writing, was presented to the House Committee on Oversight and Government Reform for review.

While Toyota's future is uncertain, your future may include a lawsuit against the auto giant if you were severely injured while driving a Toyota that experienced unintended acceleration. You may also wish to pursue a lawsuit if you were severely injured while a passenger in a Toyota that experienced unintended acceleration.

Continue reading "Syracuse New York Toyota Gas Pedal Accident Lawyers Comment On Unintended Acceleration Lawsuit Liability" »