Articles Tagged with Rochester

Zantac-Blog-scaledIn 1978, Glaxo Laboratories developed a molecule called ranitidine, which could treat heartburn. Soon after the U.S. Food and Drug Administration (FDA) approved the drug under the brand name Zantac, ranitidine rapidly became the world’s top-selling prescription medication. From the beginning to the end, Glaxo was warned by independent investigators and scientists about Zantac’s potential cancer risks. Glaxo failed to share critical evaluations of the drug with the FDA and endorsed erroneous research intended to minimize safety concerns. The company launched an aggressive marketing campaign to promote Zantac as more effective, more convenient, and safer than the alternative drug Tagamet. With Americans already spending roughly a billion dollars annually for heartburn relief, Glaxo introduced a 75mg over-the-counter Zantac pill. 

While considerable evidence and suspicions indicated Zantac’s cancer-causing properties, documents show Glaxo ignored the warnings. Connected to cancer as early as 1956, NDMA belongs to a group of chemicals called nitrosamines, which have caused cancer in every species of animal tested. A prominent pharmaceutical analyst suggested that under certain conditions in the stomach, a chemical reaction could turn ranitidine into NDMA. However, Glaxo’s board never requested any studies to determine if ranitidine could form into nitrosamine. Even after several independent studies revealed ranitidine resulted in toxic and mutagenic effects, Glaxo still tried to convince everyone of the safety of their drug. In 1982, despite the company’s scientist Richard Tanner finding up to 232,000 nanograms of NDMA in Zantac, court documents show that Glaxo kept this study a secret.    

In 2019, Valisure, a private lab, sent the FDA a document regarding Zantac’s extremely high levels of NDMA. After finding NDMA in every version of ranitidine it analyzed, the lab determined the problem inherently existed with the molecule itself. Although consuming minuscule amounts of the carcinogen is not believed to be harmful, lab tests uncovered excessive amounts of NDMA in ranitidine. It takes less than a milligram of NDMA to mutate mice cells, and 2 grams is enough to kill a person. Consequently, the FDA forced all versions of the drug off the market in 2020. However, the FDA maintained that there were no consistent signals that the drug increased cancer risks. Critics believe the FDA’s stance was an attempt to absolve the agency of wrongdoing.

Compensation-blog-scaledSuffering injuries in any accident caused by another’s negligence or carelessness can have devastating consequences. Whether a foodborne illness, a car wreck, an attack by an unleashed dog, or a fall in an icy parking lot caused you harm, you may be having difficulty getting your life back on track. Victims of severe accidents are often forced to grapple with hospital bills piling up while unable to work or earn any income. With the severe bodily pain, emotional trauma, and financial challenges that victims struggle with, obtaining fair compensation is often the only way to bounce back. Damages refer to the compensation that a victim’s attorney can recover for them either through negotiating a settlement or trying the case to a verdict. Special, general, and punitive damages are the three primary types of personal injury compensation.  

Special Damages

Special damages, also popularly known as economic damages, are based on a victim’s actual costs incurred due to losses sustained in the accident. The purpose of these damages is to restore precisely what the victim lost and return them to their pre-accident standing. Since special damages are easily verifiable and proven by tangible evidence, the amount awarded is relatively straightforward. Some common examples of economic damages include:

Personal-Injury-Claim-Process-scaledAfter being severely injured in an accident, you are likely feeling shocked and overwhelmed. If someone else’s negligence or recklessness caused your accident, you might be entitled to pursue a personal injury claim. However, litigation can be nerve-wracking, especially when you are still coping with devastating physical pain and emotional trauma. Even minor proceedings may seem complicated if you have never filed an insurance claim or pursued a lawsuit in court. Jed Dietrich, Esq., commended as a New York Super Lawyer, realizes that the legal system can be very intimidating. As such, he has dedicated this blog to helping you develop a deeper understanding of the injury claim process.

Steps In The Personal Injury Claim Process 

  1. Preliminary Interview: During a free, no-obligation case evaluation, the Dietrich Law Firm P.C.’s seasoned attorneys will ask about the specifics of your case. It would be best if you were prepared to provide relevant information regarding your accident and subsequent injuries. 

Bellweather-Trial-scaledThe word bellwether can be traced back to the 13th century when shepherds hung bells around the necks of some of their sheep to designate them as leaders. Similarly, bellwether trials are designed to track and monitor the potential results of a large group of lawsuits. They are test lawsuits that use individual claims originating from a group of widely contested lawsuits filed against the same party. When hundreds or even thousands of lawsuits are filed against one party, these trials allow a few select cases to go to court to predict how the remaining pending claims will turn out at trial.

What Is Multidistrict Litigation?

In recent years, the number of medical injuries and pharmaceutical claims that have developed into multidistrict litigations has significantly increased. Multidistrict litigation, also known as MDL, is a special judicial proceeding designed to help federal courts better manage a large group of related lawsuits filed in various jurisdictions by different plaintiffs with similar legal issues and the same defendant. These proceedings are contingent on getting a majority approval from 7 district court judges, known as the Judicial Panel on Multidistrict Litigation. Upon approval, the cases are temporarily transferred and consolidated at one or more district courts for pretrial coordination. 

Strict-Liability-scaledAlthough most personal injury lawsuits depend on proving negligence, there are certain cases where plaintiffs do not need to show that the defendant was negligent. Strict liability, also called absolute liability, is a legal doctrine that holds a person or entity responsible for a victim’s injuries, even if that party was not negligent or at fault. In cases involving strict liability, defendants can still be held accountable even if they exercised reasonable care. 

The most common types of personal injury lawsuits where strict liability may be applied include:    

  1. Product Liability: Designers, manufacturers, and wholesalers can be held strictly liable when their defective, faulty, or substandard product injures a consumer. For absolute liability to apply, the victim’s lawyer must establish that the product’s deficiency was the proximate cause of their injury. This type of claim also requires proof that when the accident occurred, the consumer was using the product as intended. In other words, if the victim misused the product, leading to injury, the defendant might not be held responsible. 

Evidence-Blog-scaledUnder New York law, victims carry the burden of proof in lawsuits. In other words, to hold the other party responsible for your damages, you must first prove that their negligence caused your injuries. This means that you will need to present evidence to support your claims. As a general rule, the more evidence your attorney has to support your claim, the better the result you can expect. However, collecting evidence can be overwhelming, especially if you need help knowing where to start. The first few hours and days after an accident are often the most significant regarding the assembly and preservation of proof. When evidence remains uncollected or preserved for too long, it can easily get lost, forgotten, or destroyed.

Types Of Evidence Used In Personal Injury Lawsuits 

The outcome of a case is highly contingent on the quality of your evidence. Inadequate evidence can dramatically decrease settlement offers or even lose the case altogether. Since insurance adjusters and jurors did not witness the accident, your attorney must use evidence to tell your side of the story. Jed Dietrich, Esq. recommends collecting the following evidence:

SUMMONS-scaledAfter being injured in an accident, knowing what to expect when pursuing your claim brings you peace of mind. Some of our most frequently asked questions are about the summons. At the beginning of a lawsuit, a summons and complaint are two legal documents served to all defendants. The summons informs the defendant of the plaintiff’s commencement of the legal action and demands that they answer the complaint. The complaint is a written document detailing the plaintiff’s reasons for pursuing the lawsuit. It states the plaintiff’s claims against the defendant and the damages they seek compensation for. 

Serving A Summons  

New York State law forbids any party to the legal action from serving the summons. The person who serves the summons must be at least 18 years old. Process servers are typically used to serve these legal documents. The three methods of delivering a summons are:

Car-Accidents-on-Ice-Blog-scaledWith an average of nearly 94 inches of snowfall per year, many Buffalonians consider driving through the snow to be a rite of passage. Unfortunately, driving anywhere in the winter can be extremely dangerous, especially during freezing conditions. When the temperature drops, ice often rapidly develops on our roads, highways, and parking lots. Since ice can make it difficult for a vehicle’s tires to maintain traction and significantly reduce friction, the rate and severity of car accidents drastically increase during winter. According to the National Highway Traffic Safety Administration (NHTSA), in a recent year alone, victims of wintry condition crashes suffered 374 fatalities and roughly 25,000 injuries.

Who Is Responsible For Your Collision On Ice?

Even if ice played a role in your accident, the at-fault motorist could still be held accountable for your damages. However, determining liability for a collision on ice is more complex than you think. That is why it is crucial to seek guidance from a highly qualified personal injury lawyer.

Snow-and-Ice-SF-Blog-scaledCold weather conditions typically hit the Buffalo area in November and linger until late March. During this time, ice often accumulates in parking lots, building entrances, stairs, sidewalks, and other outdoor surfaces. Ice can cause highly slippery conditions, making fall-related accidents common during the brutal Western New York winters.

Icy Hot Spots

Unfortunately, it is often challenging to detect ice-related threats. For example, a homeowner might shovel a sidewalk full of snow only to uncover a patch of black ice. Since black ice is transparent, it remains disguised by the surface below it. Victims may encounter these hazardous icy conditions outside offices, malls, grocery stores, hospitals, apartment buildings, and private homes. Temperatures usually warm up during the day and melt the snow, and freezing nights cause melted snow to freeze and turn into ice. Ice tends to form very quickly, especially in shaded areas of buildings, parking garages, gutters, and trees, where rain and melting snow do not evaporate. 

Joint-and-Several-Liability-scaledPersonal injury accidents like car collisions often involve several parties. Whenever someone is partially to blame for a motor vehicle accident, they could be listed as a defendant and obligated to pay damages if found to be responsible for the plaintiff’s injuries. The rule of joint and several liability applies when there are multiple defendants. New York State’s joint and several liability law allows plaintiffs to hold defendants, individually or collectively, accountable for the total amount of their damages. In these cases, the plaintiff should consider how many defendants were involved, what percentage of fault can be allocated to each party, and each defendant’s automobile insurance policy coverage limits. Many drivers only carry New York’s minimum car insurance liability limits. While this may seem like enough coverage, the damages owed to victims in severe motor vehicle accidents often exceed these amounts.

Joint Liability Vs. Joint And Several Liability

Joint and joint and several liability legal principles allow victims to hold multiple defendants accountable for their actions. Joint liability differs from joint and several liability in that, in the first instance, the responsibility is spread equally among all of the defendants. In the latter, the responsibility shifts depending on the determined percentage of each defendant’s liability. A judge or a jury typically makes this determination. In New York State, defendants generally are held joint and severally responsible.

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