Wednesday, October 21, 2009

Plum OrganicsTM has voluntarily recalled its Apple & Carrot Baby Food in Portable Pouches marked with the following UPC #890180001221 located on the bottom of the package. These pouches are sold individually at Toys-R-Us and Babies-R-Us locations nationally. No illnesses have been reported in connection with this product and no other Plum Organics products are affected.

The U.S. Food and Drug Administration (FDA) website has posted a Plum Organics press release that states the recall was undertaken as a precaution due to the risk of potential contamination with Clostridium botulinum, which can cause botulism, a serious and sometimes life-threatening condition.

The FDA website says food borne botulism symptoms generally begin 18 to 36 hours after eating a contaminated food, but they can occur as early as 6 hours or as late as 10 days. The classic symptoms of botulism include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, dry mouth, and muscle weakness. Infants with botulism appear lethargic, feed poorly, are constipated, and have a weak cry and poor muscle tone. These are all symptoms of the muscle paralysis caused by the bacterial toxin. If untreated, these symptoms may progress to cause paralysis of the arms, legs, trunk and respiratory muscles.

In a letter released today on the Plum Organics website, the company states it investigated when a routine test determined the formulation was incorrect and that Plum Organics has, "confirmed that a mixing error was to blame which resulted in an improper blend of carrots and apples." The letter does not say the recall is due to possible contamination, nor does it warn of illness that may result from consumption of the product. The Toys-R-Us website does not list Plum OrganicsTM Apple & Carrot Baby Food in Portable Pouches in its list of recalled products.

When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Ted Novick, Esq., a partner in the firm Gaines, Gruner, Ponzini & Novick, LLP @ 1-914-288-9595 to discuss your case and determine if you are entitled to compensation for your injuries. Or, check out the website @ www.ggpnllp.com
Johnson & Johnson is recalling some children's and infant's Tylenol because of the possibility of contamination by bacteria. The affected lots were manufactured in April and June of 2008. There are 21 different versions of the pain and fever medication and 57 different lot numbers. Some include Infant's Tylenol Grape Suspension Drops, Children's Tylenol Grape Suspension and Children's Tylenol Plus Cold and Allergy in Bubble Gum flavor.

Johnson & Johnson Company, sent a letter on September 18, 2009, voluntarily recalling the product. It was found that one of the inactive ingredients in the children's Tylenol products did not meet the required internal tests and the bacteria called B. cepacia was found in a part of the raw materials that were not used in the final product.

Here is a list of the recalled Tylenol products:
* Children's Tylenol Suspension 4.oz in the following flavors: Grape, Strawberry and Bubble Gum
* Children's Tylenol Plus Cold MS Suspension 4 oz. Grape
* Infant's Tylenol Suspension ½ oz Cherry
* Infant's Tylenol Suspension Drops ½ oz. Grape
* Infant's Tylenol Grape Suspension Drops ¼ oz. and 1 oz.
* Children's Tylenol Dye Free Suspension 4 oz. Cherry
* Children's Tylenol Suspension 4 oz. Cherry
* Children's Tylenol Plus Cough & Runny Nose 4 oz. Cherry
* Children's Tylenol Plus Flu 4 oz Bubble Gum
* Children's Tylenol Plus Cold Suspension 4 oz. Grape
* Children's Tylenol Plus Cough/ST Suspension 4 oz. Cherry
* Infant's Tylenol Dye Free Suspension 1 oz. Cherry
* Children's Tylenol Pediatric Suspension 1 oz Cherry
* Infant's Tylenol Suspension Drops 1 oz Cherry
* Children's Tylenol Plus Cold/Allergy 4 oz. Bubble Gum
* Infant's Tylenol Grape Suspension Drops H/G ½ oz
* Infant's Tylenol Drops 1 oz Grape
* Children's Tylenol Suspension 4 oz. Cherry, Hospital Govt.

If you have any of these products you should go to the Johnson & Johnson website and check the full list of lot numbers. You can locate the lot number on the bottom of the box for liquid products as well as on the sticker that is on the bottle.

If you are a parent or a caregiver and you have questions about this product you can contact the company's consumer call center Monday through Friday from 8 am to 8 pm EST at 1-800-962-5357.

nursing home negligence

Nursing homes are obligated to make sure that patients who are bedridden do not get bed sores. Bed sores are dangerous and worsen over time if not cared for properly and often. Patients need to be turned in bed on a frequent basis to prevent bedsores. Nursing homes are often negligent in allowing bedsores to occur and than commit further negligence by not caring for them properly. If bedsores exist the protocol has to be even higher. At Gaines, Gruner, Ponzini & Novick, LLP, we know how serious bedsores can be and we fight for clients to obtain justice. Elderly patients need to be cared for, not ignored. Call Ted A. Novick, Esq., a partner in the firm @ 1-914-288-9595 to discuss your case. The consultation is free. Or check out our website @ ggpnllp.com

Wednesday, October 14, 2009

While on holiday or business trips to New York many people are injured as a result of automobile or trip and fall accidents, as well as medical malpractice. Unfortunately, most people do not know all of their legal rights or who to call in a place far from home.

A person does not have to reside in New York in order to bring a lawsuit for injuries that occurred while visiting New York. In fact, there will be only a few times that an injured person's presence may even be necessary, making the legal process convenient for those who live out of town or in a different country.

Many people find themselves having taxicab, bus, or train accidents, or tripping and falling on broken sidewalks, dangerous streets, construction areas, overhangs, and in buildings. Many workers who come to New York from places outside of the state get injured, keeping them out of work or unemployed. These injuries may cause these people to lose wages and become unable to pay bills or support their families. Others who are using New York hospitals or doctors find they have been injured as a result of medical malpractice.

Further, if a friend or loved one is staying in a New York nursing home, or hospital, despite their residence being outside New York state, they too will have lawsuit and should be compensated for their injuries, such as bedsores, broken bones, medical malpractice, and/or neglect.

Non-residents of New York have legal rights too, and should have the ability to bring a claim against the city, state, or private person if they have been injured. These injured should be able to have an attorney in New York who will get them through the legal process and get them money damages for their injuries, lost wages, lost business, and lost holiday vacation. If you or a loved one has been injured in New York City, call Ted Novick, Esq., to discuss your claim. It makes no difference what city you live in.

The professional team of lawyers at Gaines, Gruner, Ponzini & Novick, LLP will evaluate your situation and determine the next steps to gain justice for you and your family. Gaines, Gruner, Ponzini & Novick, LLP has fought against all kinds of companies and will fight for you if we believe you have a potential case for medical malpractice, products liability, or personal injury. They are prepared to go to court and have a trial if necessary. Please call and ask for Ted Novick, Esq., one of our partners. Please specifically mention that you read the blog when contacting our office. 914-288-9595 or 1-888-907-4LAW or email tnovick@ggpnllp.com.

Wednesday, October 7, 2009

medtronic lead suffers major setback

In a 37 page Federal Court ruling, the people who were injured due to a defective medtronic insulin lead known as the Medtronic Quickset Infusion Set Model MMT 396, 397, 398, etc... suffered a major setback. But the fight is not over. If you or a loved one was injured due to a defective Medtronic lead, call Ted A. Novick, Esq., @ 1-888-907-4LAW or email him at tnovick@ggpnllp.com today. Mr. Novick is a law partner and an attorney that handles tort litigation for Gaines, Gruner, Ponzini & Novick, LLP. The fight is not over. This decision will be appealed. Call today for a free consultation.

Friday, October 2, 2009

ankle fracture

A significant ankle fracture pain and suffering verdict has been reviewed by the New York State Court of Appeals and in its decision this week in Kings County a verdict was reduced from $800,000.00 to $550,000.00. A 69 year old male slipped and fell and broke his ankle and sued the building owner for negligence claiming that the stairs were slippery. The defendant's argued that they were not negligent. The man suffered a trimalleolar fracture and required surgery (open reduction, internal fixation). The jury awarded $800,000.00 and the Court reduced it to $550,000.00.

Each case is different. Each plaintiff is different. Each injury is different.The best guide we can offer is to look at:
1. Plaintiff's age;
2. the credibility of parties and attorneys;
3. whether the doctors for both side agree on the significance of the injury;
4. whether plaintiff needs pain medication;
5. prior surgeries and the need for future surgery; and,
6. lost earnings.

If you want to discuss an ankle injury call Ted Novick, Esq., a partner in the firm at 914-288-9595 or email him @ tnovick@ggpnllp.com

car accidents and injuries

Car accidents happen and sometimes people get hurt and need advice on the rights that they have. NY Accident Attorney New York State has a threshold in terms of injuries that must happen before a lawsuit can be started. It's called the "serious physical injury" threshold in New York State Insurance Law section 5102. If you have been injured in an auto accident call Gaines, Gruner, Ponzini & Novick, LLP at 914-288-9595. Contact Us

Thursday, October 1, 2009

The most common construction accidents include: 1) Workers falling from heights; 2) falling debris striking and injuring workers; 3) falls from elevated equipment, including scaffolding, ladders, and hoists;) 4) injuries caused by heavy equipment or machinery; 5) trips and falls at the construction site, and; 6) Injuries caused by Contractors failing to provide a safe work environment as required by New York City Administrative Code.

Under New York law an employee (construction worker) cannot sue his or her employer for on the job accidents except in very rare circumstances—instead the employee (construction worker) may pursue a Workers' Compensation claim. Worker's Compensation is a form of insurance that pays for lost earnings and medical expenses as well as other benefits. But, Workers' Compensation usually satisfies only a small percentage of your real damages. In order to determine whether you may be entitled to a money award, you need a lawyer that is an expert in construction site accidents who knows how to utilize the Labor laws designed to protect the laborer.

Fortunately, in order to recover fully, the construction worker can sue third parties or other entities that were responsible for his or her accident. New York has very strict safety laws protecting construction workers. A New York personal injury lawyer experienced in construction site accidents is vital to determine the proper statutes and violations to sue under.

Importantly, owners of buildings, General Contractors, architects, and manufacturers can be sued for construction accidents and personal injuries or wrongful deaths at the construction site. New York Labor Law 240(1) and 241(6) and 200 are the most common construction accident statutes employed in such lawsuits.

The lawyers at our offices are experts in these laws and will maximize your potential money award by utilizing all of the Labor laws that protect your interest.

Whether you are a foreman, journeyman or laborer, union or non-union, you have important rights that we will protect so that you and your family will be fully compensated for your injuries. Our attorneys have extensive knowledge of the Labor laws (construction accidents) and also have previously worked for the insurance carriers, which provides us with important inside information regarding settlement and trial strategies that most plaintiff’s attorneys are not aware of.

Please call us to discuss your case.

Please call to set up a free consultation to discuss your case with us by calling Ted A. Novick, Esq.@ (914)288-9595 or by email @ tnovick@ggpnllp.com

Child Booster Seat - New Law

New Child Booster Seat Law to Take Effect

New York - September 26, 2009
On November 24, New York law [Section 1229-c(1), New York State Vehicle and Traffic Law takes effect and requires the use of booster seats or other appropriate child restraint systems for 4, 5 and 6 year old children. A child restraint system is a device that is used along with safety belts, designed to restrain, seat or position a child in a motor vehicle and meets Federal Motor Vehicle Safety Standards. These systems may include a child safety seat, vest/harness or booster seat that when used appropriately must meet the child's height, size and weight recommendations of the manufacturer. A booster seat must be used with a lap and shoulder belt.

Previously, the law required children 4, 5 and 6 year old children to use only adult safety belts placing them at increased risk of injury and death, but seat belts are designed to fit adults, not children. Young children, who use only seat belts rather than booster seats or child safety seats, are more likely to suffer life-threatening injuries, including severe damage to the brain, spleen, liver and spinal cord.

The National Highway Traffic Safety Administration (NHTSA) states that motor vehicle crashes are the leading cause of death for children age 3 to 6 and 8 to 14. In 2007, 6,532 passenger vehicle occupants 14 and younger were involved in fatal crashes. Most crashes occur close to home (within 25 miles). Most crashes occur at speeds of less than 30-mph and severe injury can happen even at these low speeds. A crash can happen when you least expect it, so it is important for everyone to buckle up every time they ride in a vehicle. Properly installed child safety seats and booster seats can help save a child's life.

If you or anyone you know has been injured in a car accident, you need an attorney to fight for your rights and ensure you receive all compensation due to you. At Gaines, Gruner, Ponzini & Novick, LLP we have the experience and knowledge needed to successfully handle car accident cases. Contact us immediately after a car accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries or property damage. Call toll free 888-907-4LAW or visit our website at www.ggpnllp.com or call 914-629-5291 for 24 hour access.

Levaquin can rupture a tendon

Antibiotic Levaquin Can Cause Ruptured Tendon

Imagine being prescribed the antibiotic, Levaquin for a chest or sinus infection, and ending up with a torn tendon or tendonitis. Believe it or not, the antibiotic Levaquin has been know to cause tendons to tear and/or rupture, all without any warning to those who were prescribed or took the antibiotic. The Food and Drug Administration has mandated that a Black Box warning be placed on the packaging of Levaquin so that consumers can make informed choices regarding the risks versus the benefits of the highly prescribed bacteria killer.

"Most people will believe that they tore or ruptured their tendon - or have tendonitis - because of an abrupt movement or an injury during an activity, like sports, without realizing the disability, and the pain and suffering were really caused by Levaquin. The injury was no fault of their own." claims Alan Ripka, Esquire. "One of the problems is that people go to their doctor complaining of pain without telling their doctor about their history of being on Levaquin. In these cases, the doctor inaccurately diagnoses the source of the injury as something other than the Levaquin. In these circumstances, people will never know they may have a legal action against the manufacturers of the antibiotic and may be entitled to compensation for their injuries, pain, discomfort, surgery, medical bills and lost earnings from being unable to work."


If you have taken Levaquin and have been or are injured, call Ted Novick to discuss your claim. It makes no difference what city you live in or where you got or took Levaquin. You can finally get an answer to the mystery of why you had a torn or ruptured tendon, with nothing seeming to cause it. Please fill out the form and submit or call and ask for Ted Novick, one of our partners. Please specifically mention that you read the blog when contacting our office.