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“Darvocet and Darvon have been recalled,” said Michael A. Bottar, a Syracuse Darvocet recall lawyer with Bottar Law, 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.
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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 Law, 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.
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According to the upstate New York defective hip lawyers at Bottar Law, 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.
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According to a recent report issued by the Centers for Disease Control (CDC), teen car accident deaths nationwide, including in New York, have declined over the past 5 years by nearly 40%. This is great news for parents around the country, as well as those who have been injured in a car accident with a teen driver. Education aimed at safe teen driving is starting to work.

“The statistics are reassuring,” said Michael A. Bottar, Esq., a Syracuse personal injury lawyer with Bottar Law, PLLC, “but nearly 10,000 teens were killed in car accidents between 2004 and 2008. This is far too many. We need to do more, as a New York wrongful death lawsuit cannot not bring back a lost child.”

The CDC study revealed that 50% of teen car accidents involved only one car. 42% involved two cars and 8% involved three or more cars. 87% of the crashes resulted in one fatality. 65% of the teen drivers were male. Teen car accidents in New York and New Jersey were among the lowest in the nation. New York and New Jersey have restrictive licensing laws which include limitations on passengers and teen driving at night.

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New York State Route 81 is a 183 mile highway that runs from the Pennsylvania State line to the Canadian border at the 1000 Islands, through Broome, Cortland, Onondaga, Oswego and Jefferson counties.

The heavily traveled highway, with more than 150 exits, is a main thoroughfare for tractor trailers traveling north and south across New York. According to New York tractor trailer accident lawyer Michael A. Bottar, an attorney with Bottar Law, PLLC, a law firm handling claims for those injured in a car accident on Route 81, “tired tractor trailer drivers are having a difficult time finding open resting places. The I-81 Corridor Coalition was formed, in part, to address the lack of a system to inform drowsy truckers where they can stop to rest or sleep.”

Statistically, commercial truck drivers drive for longer periods of time and for greater distances than most motorists. When tractor trailer drivers are tired behind the wheel, the risk of a crash that can result in a wrongful death or serious injury increases. “For this reason, state and federal authorities have regulations that limit the number of hours that a trucker can drive without taking a break,” said Anthony S. Bottar, Esq., a New York truck crash attorney with decades of experience representing New York tractor-trailer accident victims and their families in personal injury and wrongful death lawsuits throughout the Northeast. Bottar added that “a system that notifies truckers where they can rest should help direct tired truckers off of the road where they can present a danger to passing motorists.”
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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.
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On the heels of the September 11, 2010 Syracuse Megabus crash, which resulted in the wrongful death of Ashwani Mehta (34), Deanna Armstrong (18), Kevin Coffey (19) and Benjamin Okorie (35), as well as injury to dozens, a second double-decker Megabus was involved in an accident with a Southeastern Pennsylvania Transportation Authority (SEPTA) vehicle in University City, a Philadelphia neighborhood.

According to Syracuse personal injury lawyer Michael A. Bottar, Esq., the second Megabus accident in as many weeks occurred at around 3:15 a.m., near the the 30th Street Station. Apparently, a cargo hatch on the Washington-bound M21 bus opened as the bus turned onto Market Street. The open hatch door then struck a SEPTA work truck. The door was torn from its hinges. Even though the bus was carrying approximately 60 passengers, no one was injured.

In the wake of the Syracuse crash, Dale Moser, president and chief operating officer of CoachUSA, stated that Megabus is “a safe company. We’re not a fly-by-night company.” According to the Federal Motor Carrier Safety Administration (FMCSA), Megabus’ safety record is “satisfactory.” Per the FMCSA database, Megabus had a total of four accidents involving two injuries and no fatalities in the 24 months before the September 11, 2010 Megabus road accident.

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As Syracuse bus accident lawyers, the Bottar Law, PLLC legal team has been following and investigating the cause of the September 11, 2010 Megabus crash involving a low-clearance train bridge in Liverpool, New York. Shortly after the 2:30 a.m. crash, we issued a press release entitled Syracuse Bus Accident Lawyers Report On September 11, Coach Megabus Collision With Low-Clearance Train Bridge in Liverpool New York and, as we will be representing several injured in the crash, have been following the incident and related matters closely.

Should a claim exist against the Town of Salina, County of Onondaga or State of New York, there is limited time remaining to file the appropriate paperwork. Except in the case of wrongful death, the injured have only 90 days. In addition, there is limited time remaining to file New York State No-Fault paperwork in order to ensure that Megabus’ insurance company pays for all medical bills and lost wages arising out of the crash. Generally, No-Fault claims must be filed within 30 days of the date of an accident.

On the heels of the September 11, 2010 Megabus tragedy, the United States Department of Transportation (DOT) has released new distracted driving regulations. Under the new rules, commercial truck drivers are prohibited from texting while transporting hazardous materials. Likewise, commercial bus and truck drivers are prohibited from texting on the job. These rules should lead to a decrease in Syracuse distracted driving accidents.

Also, on September 21, 2010, the National Highway Safety Administration released data concerning its pilot enforcement programs, including the Syracuse-based program known as “Phone In One Hand, Ticket In The Other.” Syracuse police have issued nearly 4,500 tickets as part of the program, resulting in a 38% decline in hand-held cell phone use in Central New York. The program has also resulted in a 42% decline in texting while driving in Syracuse.
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As Syracuse bus accident lawyers, we were the first Central New York personal injury law firm to discuss the September 11, 2010 Megabus accident in Liverpool, New York. In our blog post, entitled Syracuse Bus Crash Lawyers Review New York CSX Bridge Accident in Onondaga, and our press release entitled Syracuse Bus Accident Lawyers Report September 11 Coach Megabus Collision With Low-Clearance Train Bridge In Liverpool New York, we commented on various aspects of liability for the wrongful death of four and injury to dozens, including reports that the bus driver was using a personal GPS at the time the 13’0″ tall bus collided with a 10’9″ high train bridge.

Since that time, distracted driving in Syracuse has received a great deal of attention. Under particular scrutiny are New York public transportation drivers. Last week, the Metropolitan Transportation Authority cited 178 bus drivers for distracted driving. Infractions included text-messaging, eating and even reading while driving bus passengers through city streets. Transportation Secretary Ray LaHood is reportedly holding a Distracted Driving summit this week. Reports suggest that Secretary LaHood will be stressing rules that prohibit bus drivers and truck drivers from texting on the job, as well as rules that prevent train engineers from using cell phones and other electronic devices while operating passenger and freight trains.
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Bottar Law, PLLC, was the first Syracuse personal injury law firm to comment on the September 11, 2010 Megabus accident in Syracuse, New York by way of a press release entitled Syracuse Bus Accident Lawyers Report on September 11 Coach Megabus Collision With Low-Clearance Train Bridge in Liverpool New York .

Over the past week we have been contacted by several individuals injured in the Syracuse bus accident, each with questions about what to do now to ensure that they can be compensated down the road for a constellation of injuries, including lacerations, broken bones, scarring, emotional injury and lost loved ones. Many of the injured have been unable to sleep since the accident. As we told those we will be representing, if each has a “serious injury” as defined by New York State Insurance Law Section 5102, each can recover from those found negligent for “pain and suffering,” as well as lost wages and property damage.

In an effort to keep the public informed about short deadlines that may limit their right to recover from various municipalities and/or governmental agencies, such as Onondaga County and New York State, we posted several blog posts aimed at educating the public on filings known as a “Notice of Intention to Claim” and “Notice of Claim.” Those posts are entitled: (1) Syracuse Tour Bus Accident Involving CSX Train Bridge Causes Injury To Dozens; (2) Syracuse Bus Crash Lawyers Review New York CSX Bridge Accident In Onondaga; and (3) Syracuse Bus Accident Lawsuit Deadlines Per New York Injury and Wrongful Death Lawyers. Also, in connection with our own investigation into liability surrounding the crash, which included review of the Bus Crash Causation Study Report To Congress, we issued a second press release today, entitled Syracuse Bus Crash Lawyer Updates Megabus Injured on Potential New York State Liability for September 11, 2010 Bridge Accident.

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