The plaintiff, a female in her 30's, was doing her grocery shopping at the local Western Beef Supermarket in Elmont, New York, when she was suddenly jolted by falling cans of tomato paste from the high-stacked shelf striking her in the head. Following the incident, plaintiff retained the law firm of SILER & INGBER, LLP to prosecute the matter on her behalf. Starting with Newton's Law of Physics, the premise that nothing falls on its own, attorney Ronald D. Ingber moved for summary judgment on the issue of liability. The Supreme Court agreed and granted summary judgment in favor of plaintiff on the issue of liability and against defendant, Western Beef Supermarket. As a result of being struck in the head, plaintiff suffered herniated discs in her cervical spine necessitating a course of physical therapy and pain management. Following a year of physical therapy, the plaintiff continued having debilitating pain and thus underwent cervical discectomy surgery. Thankfully, the surgery was a success and the plaintiff's condition has improved. Ronald D. Ingber successfully negotiated a settlement before trial for $700,000. If you or a loved one is in an accident, call the attorneys at SILER & INGBER, LLP at 1-877-529-4343 for a FREE CONSULTATION.
NY ACCIDENT ATTORNEYS 1.877.LAW.4343
Welcome and thank you for visiting our Blog. We have created this Blog as a comprehensive tool for people who have been wrongfully injured and the families of victims who have been injured or killed in accidents. Our firm employs experienced attorneys who possess great physical reach. It is an enterprise of outstanding capabilities, keen intellects, unyielding integrity and an extraordinary desire to understand and serve our clients.
Tuesday, March 13, 2012
Monday, March 05, 2012
Arbitration Award of $160,000
In an arbitration, Judge Alfred Lama decided as follows:
$60,000.00 to the Driver
$100,000.00 to the Passenger
Defendant’s testimony that she stopped and just kissed the Plaintiff’s rear bumper is completely unbelievable especially in light of Plaintiff’s vehicle being pushed into the car in front of it. Both Plaintiffs testified that they were thrown forward and back in their seats. Plaintiff passenger hitting her head against the passenger sided door and Plaintiff driver hitting his jaw against the steering wheel and banging his knees against the dashboard. The next question to be answered is did the subject accident compound and exacerbate the prior medical conditions of the two Plaintiffs. After a full review of the extensive documents submitted by both sides this arbitrator determines that this accident did cause additional insult to each of the Plaintiffs causing them to suffer serious injuries. This arbitrator therefore makes the following awards:
$60,000.00 to the Driver
$100,000.00 to the Passenger
Thursday, February 09, 2012
SILER & INGBER, LLP WELCOMES TRIAL ATTORNEY, JED KIRSCH, ESQ.
Mr. Kirsch graduated, with honors, from Binghamton University and Brooklyn Law School. He has been a practicing attorney for the past 30 years, and has obtained multiple seven figure verdicts. He has represented clients in assorted legal matters, with a focus on personal injury. Mr. Kirsch has been married to his wife, Mindy, for 33 happy years.
Friday, February 03, 2012
$250,000 SETTLEMENT IN SLIP AND FALL
Jed Kirsch successfully negotiated a $250,000 settlement for a 61 year old woman who fell while walking down a staircase in an apartment building, after tripping on a defective and broken step, fracturing her ankle. The client underwent surgery, with installation of hardware, and despite physical therapy and post-operative treatment, was left with permanent limitations of motion and disability. The settlement was all the more satisfying due to challenging liability issues which presented themselves during litigation. If you or a loved one has been in an accident, please call SILER & INGBER, LLP at 1-877-529-4343 for a FREE CONSULTATION.
Tuesday, January 03, 2012
$50,000 AWARD FOR CAR ACCIDENT
Subrata Sengupta obtained a $50,000 arbitration award for our client, who was rear-ended and pushed into the vehicle in front of him. The crash caused our client to suffer two herniated disks as well as pain in his knee and neck. Thankfully, our client has made a full recovery. If you or a loved one is in an accident, call SILER & INGBER, LLP for a Free Consultation.
Monday, January 02, 2012
Appellate Division, Second Department Upholds Supreme Court Decision in Heath Club Action
This week, the Appellate Division, Second Department, upheld Suffolk County Supreme Court Judge Jeffrey Arlen Spinner and stated that General Business Law §627-a, which mandates that certain health clubs in the State of New York provide an automated external defibrillator device ("AED"), as well as a person trained in its use, imposes an affirmative duty of care upon the health club facility. An AED delivers a shock to the heart of a cardiac arrest victim that can eliminate an abnormal ventricular fibrillation rhythm, which often causes arrest, and allows a normal heart rhythm to resume. The Appellate Division found that the defendant health care facility could not rely upon the Good Samaritan statutes to insulate itself from liability. Accordingly, the Appellate Division held that General Business Law §627-a creates a duty upon a health club, fitting the criteria set forth by New York statute, to use the AED which it is required to provide on premises. Source: Miglino v. Bally Total Fitness of Greater New York, Inc., et al., 2011 NY Slip Op 09603 (Dec. 27, 2011).
If your health club has over 500 members and does not have an AED on premises, please review http://www.nyc.gov/html/doh/html/cardio/cardio-aed.shtml and file a complaint if applicable.
Thursday, May 12, 2011
Don't Take Our Word For It . . . Hear What Others Have to Say
Hi Ron,
Jason F.
I just wanted to take a moment and really thank you for all the work u have done on my case. I really appreciate everything u and ur team has done. The results that we got are trully going to help me have a fresh start. Thank u again.
Jason F.
Tuesday, April 19, 2011
BOTCHED LASER HAIR REMOVAL RESULTS IN $70,000 SETTLEMENT
The plaintiff, a female in her 30's, attended a laser spa to undergo laser hair removal for her extended bikini area. During her sixth and final procedure, the plaintiff was burned to the point that her entire "genital area felt like it was on fire." SILER & INGBER, LLP, commenced a lawsuit on behalf of the plaintiff against the defendant, laser spa, alleging that defendant was negligent in the training and supervision of its employees as well as violating New York State law requiring medical personnel to be on staff where laser machines are utilized. As a result of defendant's negligence, the plaintiff suffered second degree burns in the bikini area, anxiety and scarring. Plaintiff's expert (plastic surgeon) would have testified that plaintiff suffered disfigurement and must avoid future sun exposure to the bikini area. Plaintiff's second expert (psychologist) would have testified that plaintiff has self esteem issues as a result of the incident. Defendant's expert (plastic surgeon) confirmed the second degree burns. Thankfully, the client's injuries have healed and the burns are no longer visible. During a mediation, the action settled for $70,000.
Call us today, at 1-877-LAW-4343 (1-877-529-4343) for a free consultation with one of our experienced personal injury lawyers. A New York Injury Lawyer in our office is ready to stand by your side and fight for you.
Call us today, at 1-877-LAW-4343 (1-877-529-4343) for a free consultation with one of our experienced personal injury lawyers. A New York Injury Lawyer in our office is ready to stand by your side and fight for you.
Tuesday, March 29, 2011
BROKEN BATHROOM KNOB RESULTS IN $140,000 SETTLEMENT
Our client, 50 years of age and residing in the Bronx, was at a friend's apartment when she was utilizing the bathroom in the apartment. Upon departing the bathroom, the door knob came loose causing the client to lose her balance and fall back striking her neck against the bathtub. Later in the day, our client went to the hospital for testing which indicated a herniated disc in the cervical spine. As a result, the client underwent a series of epidural injections in her neck. The client also received physical therapy for six months and continued with home exercises for several months thereafter. SILER & INGBER, LLP, commenced an action in Supreme Court, County of Bronx, against the owner of the building. The case settled prior to trial for $140,000. Call us today, at 1-877-LAW-4343 (1-877-529-4343) for a free consultation with one of our experienced personal injury lawyers. A New York Injury Lawyer in our office is ready to stand by your side and fight for you.
Tuesday, February 01, 2011
SILER & INGBER, LLP USES QR CODES IN CUTTING EDGE TECHNOLOGY
Do you have a QR Code? At SILER & INGBER, LLP we strive to stay ahead with cutting edge of technology. Click here to learn about QR Codes and check out ours below:

If you or a friend have been in an accident, feel free to call SILER & INGBER, LLP for a free legal consultation at 1-877-LAW-4343.

Ice, snow wreaks havoc from Texas to New England
Layers of dangerous ice and blowing snow closed roads and airports from Texas to Rhode Island as a monster storm began bearing down on the nation and those in its frigid path started to believe the hype. Due to the dangerous and icy roads and sidewalks, we have seen a significant increase in motor vehicle accidents and slip and falls. From SILER & INGBER, LLP, we ask that you drive safe and use caution in these conditions.
Tuesday, January 25, 2011
CLIENT FALLS FROM HOSPITAL BED RECEIVES $100,000
A New York City resident, 75 years of age, was an inpatient in a hospital for a medical condition. In the morning, unrelated to his medical condition, the client woke with a torn quadricep tendon. Even though the client had prior complaints to the area, it was alleged that the client exacerbated and aggravated a prior condition due to defendant's negligence. SILER & INGBER, LLP, commenced an action in Supreme Court against the hospital alleging that the injuries suffered by the client were committed by the negligence of the hospital personnel, in particular, causing and permitting the bed rails to be lowered which resulted in the client falling out of the hospital bed overnight. The defendant argued that the bed rails were lowered by the client's family and not by hospital personnel. NY accident lawyer Ronald Ingber settled the matter on the eve of trial for $100,000. Call us today at 1-877-529-4343 for a free consultation with one of our experienced personal injury lawyers. A New York Injury Lawyer in our office is ready to stand by your side and fight for you.
Friday, December 31, 2010
HOLIDAYS GREETINGS FROM YOUR LAWYER
It is so difficult in today’s world to know exactly what to say in a holiday greeting without offending someone. From us to you:
Please accept with no obligation, implied or implicit, our best wishes for an environmentally conscious, socially responsible, low stress, non-addictive, gender neutral celebration of the festival holiday, practiced with the most enjoyable traditions of religious persuasion or secular practices of your choice with respect for the religious/secular persuasions and/or traditions of others, or their choice not to practice religious or secular traditions at all.
We wish you a fiscally successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2011, but not without due respect for the calendars of choice of other cultures whose contributions to society have helped make our country great (not to imply that my country is necessarily greater than any other country) and without regard to the race, creed, colour, age, physical ability, religious faith or sexual preference of the wishee.
By accepting this greeting, you are accepting these terms:
This greeting is subject to clarification. It is freely transferable with no alteration to the original greeting. It implies no promise by the wisher to actually implement any of the wishes for her/himself or others and is void where prohibited by law, and is revocable at the sole discretion of the wisher. This wish is warranted to perform as expected within the usual application of good tidings for a period of one year or until the issuance of a subsequent holiday greeting, whichever comes first, and warranty is limited to replacement of this wish or issuance of a new wish at the sole discretion of the wisher.
Disclaimer: No trees or animals were harmed in the sending of this message. In addition, no minors were employed in the processing of this greeting and the language (grammar and composition ) is in strict compliance with your applicable local laws.
Monday, December 27, 2010
NY ACCIDENT LAWYER DISCUSSES RECENT SNOW STORM CAR ACCIDENTS
The last 24 hours has dumped 12+ inches of snow on NY and lots of snow usually translates into lots of car accidents. This storm is no exception. The news reported that between noon and midnight last night, 100+ cars were involved in crashes in New York.
So what do New York accident lawyers, judges and juries say about that? Does a snow storm excuse a driver who loses control of his car and crashes into someone? Absolutely not (well, usually not).
Make no mistake, even if snow is a contributing factor in these car accidents, the drivers are usually at fault. A driver is required to drive at a speed that is safe for the weather conditions. If the roads are snowy and slippery, guess what? You have to drive slower. Not only that, you have to leave more space between you and the car in front of so you have more time to stop. Duh! And another thing, you cannot drive with your windows fogged up, snow clinging to your windshield and snow on your hood and/or roof top, crash into another person, and then claim it was the storm's fault.
So listen to the advice of this New York accident lawyer before heading out in the snow. Start out to work early so you will not have to rush. Take the extra time to brush the snow off your car and defog your windshield. Then head to work at a snail's pace. Patience is a virtue. That is what you need in such circumstance. Give yourself plenty of time to get there. You will not regret it, because you will not have to worry about me suing you.
Yes, that is correct. I have brought numerous claims against drivers like you, who are otherwise really nice people but who just did not take the time to drive properly in the show. When we get to Court, your insurance company may try to blame it on the snow, "an act of g-d", they will say. But I do not buy that, and in my experience, neither do most juries. Sure, the snow made the accident more likely to happen, but it is difficult to get around the legal charge that a driver is required to maintain control of his vehicle and reduce his speed commensurate with the prevailing weather conditions.
Keep safe!
For a FREE CONSULTATION call me at 1-877-529-4343 or email me at ringber@nylawnet.com
Friday, December 24, 2010
SILER & INGBER, LLP KEEPS ON GIVING - 2010 PRO BONO
Pro bono refers to legal work that lawyers do without a fee for the benefit of their communities. The work is a suggestion by bar associations, not a mandate. SILER & INGBER, LLP takes that concept to heart and has participated in pro bono work year after year.
In May 2010, the Sewanhaka Central High School District informed the parents of two students that following an extensive investigation, including but not limited to 11 surveillances, a determination has been made that the students were not entitled to attend public schools of the district due to the fact that the students are neither a resident of the Sewanhaka Central High School District nor entitled to attend as a homeless child under the provisions of Section 100.2(Y) of the Commissioner's Regulations. The basis for the district determination was that the students allegedly resided elsewhere.
Following this determination, the parents of the students contact SILER & INGBER, LLP. Partner, Ronald Ingber, immediately filed an appeal under Board Policy and Administrative Regulation 5118 on behalf of the students. In May 2010, a hearing was held where NY lawyer Ronald Ingber presented testimony of numerous individuals from parents, to neighbors, to coaches of local sports teams in addition to significant evidence in support of establishing the residency of both the parents and students in question.
In July 2010, a residency appeal decision was rendered whereby on the basis of the evidence and testimony presented, the students in question are entitled to remain at New Hyde Park Memorial High School.
As expected, the client were overjoyed with the decision. When attorney Ronald Ingber was asked about his role and that of his pro bono activities, he stated "helping others is the kind of thinking that makes me most proud to be a lawyer.”
Our New York accident lawyers offer a FREE CONSULTATION at 1-877-LAW-4343 (1-877-529-4343). Call us today to take advantage of this free opportunity to discuss your case and injury.
Wednesday, December 08, 2010
$ 675,000 FOR PASSENGER IN MULTI-CAR INTERSECTION COLLISION
Ronald D. Ingber, a New York personal injury attorney, successfully obtained a $675,000 settlement for a 61-year-old female who was a passenger in a motor vehicle which was in an intersection collision in New York County. The client injured her neck aggravating a prior neck injury. The client underwent physical therapy and other conservative treatment without success. After consulting with doctors, the client opted for neck surgery. Thankfully, the client has made a terrific recovery and will be able to enjoy her settlement. SILER & INGBER, LLP has New York accident lawyers ready to help you get the compensation you deserve for your injury. Our New York accident lawyers offer a FREE CONSULTATION at 1-877-LAW-4343 (1-877-529-4343). Call us today to take advantage of this free opportunity to discuss your case and injury.
Friday, November 05, 2010
PARKED VEHICLE STRUCK BY TRUCK RESULTS IN $200,000 RESOLUTION
Ronald Ingber, a NY personal injury attorney, successfully obtained a $200,000 settlement for a 35-year-old male who was sitting in a parked motor vehicle when he was struck by a truck in Bronx County. The client injured his knee as a result of the incident. After consulting with doctors, he was diagnosed with a torn meniscus in his knee. The client underwent physical therapy and other conservative treatment without success. Ultimately, the client opted for arthroscopic knee surgery. Defendant argued that Plaintiff is of poor character due to his time in prison. Nevertheless, we were able to overcome same and favorably resolve the case. Thankfully, the client has made a terrific recovery and will be able to enjoy his settlement. Call 1-877-529-4343 or click here to email SILER & INGBER, LLP for a FREE CONSULTATION.
SLIP AND FALL AGGRAVATES PRIOR NECK INJURY - $62,500
Ronald Ingber successfully negotiated a settlement for a 50-year-old male who slipped and fell on unknown debris outside of a restaurant. Plaintiff alleged that the defendant was negligent in removing the garbage from the restaurant leaving a trail of debris on the sidewalk. The client went to the hospital later that day complaining of neck pain and began a course of physical therapy. Despite having a few prior accidents involving neck pain, the client's pain was aggravated and exacerbated by this fall. Although the client could not pinpoint what caused his fall, we were able to obtain a successful result. The matter resolved prior to trial for $62,500. If you or a loved one was injured in a slip and fall, have him oer her give us a call for a free consultation.
Wednesday, September 15, 2010
2010 FALL UPDATE
SILER & INGBER, LLP
Attorneys at Law
301 Mineola Boulevard
Mineola, New York 11501
Phone: (516) 294-2666 ° Facsimile: (516) 294-0870
Summer has come to an end and fall has arrived - swimming pools are drained, hot humid days are gone, ice cream trucks are in hibernation, America's pastime draws towards conclusion while football season is in full swing, and of course school is back in session leaving the roadways crowded with traffic jams.
I never paid much attention to the change in seasons but historically the number of accidents increases in the fall. It is important to know your rights in the event you are injured in a car accident, slip and fall or some other accident. Car accident injury victims have the ability to access benefits, such as available income benefits, housekeeping assistance, and medical benefits, that may not be available if you’re injured in a slip and fall.
Those benefits may be available to you even if you’re at fault for the accident. However, with a rich benefits system comes a more restricted ability to claim pain and suffering and other damages. There is a threshold that many cases have to meet to be able to claim.
In addition to the precise injury sustained, the effect on the person’s life is a very important consideration. If you or a loved one is in an accident, contact SILER & INGBER, LLP, toll free at 1-877-LAW-4343 (1-877-529-4343) for a free, no obligation consultation.
SILER & INGBER, LLP is a personal injury law firm handling various accident cases. Jeffrey Siler, myself and our staff provide legal services to those injured in motor vehicle collisions, slip and falls, bike accidents, dog bites, malpractice, workers’ compensation and dangerous and defective products. We analyze, negotiate, and vigorously assert our clients’ rights in litigation.
SILER & INGBER, LLP offers a variety of services to up-and-coming clients as well as more established clients. We represent companies, large and small and can also be of assistance with general law, corporate, insurance, or employment matters.
If you have questions, or if we can be of assistance to you, please call SILER & INGBER, LLP, 1-877-529-4343 (1-877-LAW-4343). I look forward to speaking with you.
Sincerely yours,
SILER & INGBER, LLP
Ronald Ingber
Monday, September 13, 2010
How Not Being Licensed Can Cost You Your Fee In New York
SILER & INGBER, LLP was victorious in protecting a homeowner from an unlicensed contractor.
I find it sad when people learn a lesson the hard way. On the other hand, I understand why the Court, and the New York State legislature set up the rules in this fashion: simply put, if the legislature allowed unlicensed contractors to still get paid for work that requires a license, then that would effectively abrogate the need for the license altogether.
And that’s precisely what happened in Enko Construction Corp. v. Aronshtein. In this Supreme Court, Nassau County case, the plaintiff construction company sought payment of monies allegedly owed for the home improvement work it did in either breach of contract or quasi-contract (i.e., the reasonable value of the services rendered on equitable grounds, which is also referred to as “unjust enrichment” or “quantum meruit“). The defendant, a client of the firm, disputed the workmanship of work. There was one “small” problem with the contractor's claim: the plaintiff was not licensed to do home improvement in Nassau County.
Thus, in dismissing the complaint, the Court held as follows: “It is well settled that a home improvement contractor who is unlicensed at the time of the performance of the work for which he or she seeks compensation forfeits the right to recover damages based on either breach of contract or quantum meruit. B & F Bldg. Corp. v. Liebig, 76 N.Y.2d 689 (1990); Flax v. Hommel, 40 A.D.3d 809 (2nd Dept. 2007).”
If you require the need of a litigation firm to aggressively represent you, whether you are the plaintiff or defendant, contact SILER & INGBER, LLP at 1-877-529-4343 for a FREE CONSULTATION.
Tuesday, July 20, 2010
FALL FROM LADDER NETS $400,000 SETTLEMENT
A New York City electrician, 36 years of age, was coming down an eight foot A-frame ladder with a conduit in his hand when he misstepped, lost his balance, and fell to the ground. A few days after the incident, our client went to his orthopedist for testing which indicated a complex tears in his left knee. The client underwent left knee arthroscopic surgery to repair the tears. However, the surgery was not successful as the client continued to suffer from knee pain. Two years after the incident, the client underwent total knee replacement. SILER & INGBER, LLP, commenced an action in Supreme Court, County of Nassau, against the owner of the building and the general contractor. The defendants argued that the client's injuries were not causally related to the incident and were in fact from prior work related accidents. NY accident lawyer Ronald Ingber countered that the client's injuries were aggravated from the fall and exacerbated the pre-existing arthritis in the knee necessitating total knee replacement. The case settled for $400,000. Call us today, at 1-877-LAW-4343 (1-877-529-4343) for a free consultation with one of our experienced personal injury lawyers. A New York Injury Lawyer in our office is ready to stand by your side and fight for you
Thursday, June 24, 2010
DOG BITE YIELDS VICTIM $225,000
Ronald D. Ingber a long island personal injury attorney located in Mineola recently negotiated a settlement for a 9-year-old child who was bitten by a dog. Plaintiff was at a social function at Defendant's home when Defendant’s dog jumped on and bit Plaintiff on his cheek. Plaintiff was immediately taken to St. Catherine of Sienna Hospital for emergency room treatment on the date of accident. Plaintiff contended that Defendant’s were negligent and careless in their ownership and control of their dog in violation of the New York State Agriculture & Markets Law. Our client suffered a lacerations to his cheek requiring six sutures and temporary nerve damage. Thankfully, the nerve damage has resolved and the laceration has healed well. Ronald, a dog bite lawyer in New York, would have proven that the Defendant's dog had vicious propensities. Call us today at 1-877-529-4343 for a free consultation with one of our experienced Personal Injury Lawyer. A New York Injury Lawyer in our office is ready to stand by your side and strategize on your case.
Monday, June 21, 2010
FALL FROM LADDER RESULTS IN $275,000
A New York City acoustical ceiling painter, 37 years of age, was on a A-frame ladder when he lost his balance, fell to the ground and fractured his dominant wrist. A few days after the incident, our client went to the hospital for testing which indicated a wrist fracture. As a result, the client underwent surgery to repair the fracture. The client wore a cast for 4 months after which he underwent several weeks of physical therapy. Consequently, the client was out of work for 14 months prior to returning to his employment. SILER & INGBER, LLP, commenced an action in Supreme Court, County of New York, against the owner of the building and the general contractor. The case settled during trial for $275,000. Call us today, at 1-877-LAW-4343 (1-877-529-4343) for a free consultation with one of our experienced personal injury lawyers. A New York Injury Lawyer in our office is ready to stand by your side and fight for you.
Tuesday, May 04, 2010
FALL IN TREE WELL RESULTS IN $300,000 SETTLEMENT
Thursday, March 18, 2010
DEADLY CRASH INTO GARDEN CITY HOME
A car slammed into a house in Garden City Park on Long Island killing the driver and seriously injured two others. The deadly crash happened at around 2:30 a.m. on Thursday on Broadway and 5th Avenue. According to the Nassau County Police Department, the car was speeding westbound on Broadway when it failed to stop at a stop sign and struck the house on 5th Avenue. Police pulled the male victim's body that was stuck out of the car just before 6 a.m.The front of the car landed in the basement while the rear teetered on the edge. The homeowner, a 72-yearold woman who lives with her 48-year-old son, celebrates a birthday on Thursday. Police say they were not injured in the crash. The vehicle was impounded for a safety check. If you or a family member are injured in an accident, you need a New York Accident Lawyer to fight for your rights. Call 1-877-LAW-4343 for a Free Consultation.
Thursday, March 11, 2010
THREE CAR ACCIDENT REQUIRES THE JAWS OF LIFE
A three-car accident on Cedar Swamp Road across from Jericho High School on Wednesday morning left one woman pinned in her car and another injured. Jericho firefighters used the Jaws of Life to free the trapped woman; both of the injured were taken to Nassau University Medical Center. The accident caused delays during the morning commute on northbound Cedar Swamp Road extending to the Long Island Expressway. If you or a family member need a competent New York Car Accident Lawyer to defend your rights, call SILER & INGBER, LLP. Our New York Lawyers offer a free consultation to discuss your legal options and rights. 1-877-LAW-4343 (1-877-529-4343).
Wednesday, March 10, 2010
ASR HIP IMPLANT FAILURE- DEPUY ORTHOPAEDICS
Reported in the NY Times today:
A unit of Johnson & Johnson, just months after saying it was phasing out an artificial hip implant because of slowing sales, has warned doctors that the device appears to have a high early failure rate in some patients.
The action by the company, DePuy Orthopaedics, follows more than two years of reports that the hip implant, which is known as the ASR, was failing in patients only a few years after implant, requiring costly and painful replacement operations.
The action by the company, DePuy Orthopaedics, follows more than two years of reports that the hip implant, which is known as the ASR, was failing in patients only a few years after implant, requiring costly and painful replacement operations.
Some orthopedic experts have voiced dismay in recent interviews that DePuy had not halted sales of the device earlier. And some specialists said that they believed the device had a design flaw that made it difficult to implant properly, a claim disputed by DePuy officials, who had said the product had no safety problems. The director of an implant database in Australia, Dr. Stephen Graves, said the data had shown for some time that the ASR had been failing early at a significantly higher rate than some competitors’ devices. In December, DePuy voluntarily withdrew the ASR from the Australian market.
DePuy, of Warsaw, Ind., also announced late last year that it planned to phase out sales of the product worldwide by the end of 2010. “It is way too late,” Dr. Graves said. While the ASR is not widely used in the United States, DePuy officials said recently that it had been implanted in thousands of patients worldwide. In a letter dated March 6, DePuy told doctors that recently analyzed data from Australia suggested that the ASR had a higher-than-expected failure rate when used in traditional hip replacement on certain types of patients. The letter said that the data shows that the risk is highest for patients of small stature, a group that typically includes women, and patients with weak bones. Asked Tuesday by a reporter why the company was issuing the advisory now, even as it was winding down sales of the device, DePuy said in a statement that it believed that “this is new and important information surgeons who continue to use ASR should have to inform their clinical decision making.” The ASR, one of several hip models sold by DePuy, belongs to a category of devices known as metal-on-metal implants. Such implants can generate large amounts of metallic debris as they wear. The debris can cause severe inflammatory responses in some patients, damaging muscles and other soft tissues, requiring a follow-up operation to replace the device soon after implant — instead of the 15 or more years artificial hips are supposed to last.
Just last month, in an interview, DePuy officials defended the ASR’s track record, saying its performance equaled that of competing devices. Those officials also said that the company was phasing out sales of the ASR for commercial reasons, not because of any safety issues. “With declining sales of this particular product in its market segment, we are focusing on newer technologies,” Sally Hunter, DePuy’s worldwide vice president for regulatory affairs, said last month. DePuy sells the ASR for use in hip “resurfacing,” a popular alternative to traditional replacement. The company also separately markets an ASR component — its hip socket, or cup — for use in traditional hip replacement. DePuy’s March 6 alert deals with that the ASR’s failure rate in traditional replacements. While the ASR resurfacing system has been used abroad, the F.D.A. has not approved it for sale in the United States. In 2005, however, the F.D.A. cleared the ASR cup for use in traditional hip replacement. The device was cleared through a regulatory pathway that did not require it to undergo clinical trials. Since the beginning of 2008, the F.D.A. has received about 300 complaints on the ASR involving patients in the United States who received it. A review of those reports indicates that a vast majority of those patients underwent an operation to have the device replaced soon after getting it. The number of such complaints typically understates a product’s problem, however, because many doctors and hospitals never bother to file reports with the F.D.A. Ms. Hunter said that some problems with the ASR had arisen because doctors were improperly implanting the device’s cup when first using it. To function properly a cup, which resembles a small hollow ball cut in half, must be positioned in the hip at the proper angle. “With every device, there is a learning curve,” Ms. Hunter said. Some surgeons, including the ASR’s co-developer, Dr. Thomas P. Schmalzried, an orthopedic specialist in Los Angeles, said they had used the device successfully in their patients. But Dr. Schmalzried said in an interview last month that he and DePuy officials realized within the last two years that the ASR cup might be more of a challenge to implant properly than competing cups.
“The window for component position that is consistent for good, long-term clinical function is smaller for the ASR,” than other cups, said Dr. Schmalzried, who has received $3.4 million in payments in the last two years from DePuy for his work on the ASR and other devices. Asked last month about Dr. Schmalzried’s comments, DePuy officials expressed surprise that he had made them. They said they would provide a reporter with a statement after consulting with him. But DePuy’s subsequent statement did not refer to Dr. Schmalzried.
In that statement, DePuy said that while reports had cited “a theoretical potential for ASR cups to be more sensitive to component position,” other data from studies and examinations of explanted devices “does not support the fact that performance is primarily related to design.” In early 2009, DePuy sent a brochure to doctors on the importance of proper cup positioning for all hip implants. But the information did not address any specific concerns about the ASR.
In its recent letter, DePuy emphasized the need to properly position the ASR.
Several orthopedic specialists said that they believed that the design of the ASR cup, which is shallower than some similar devices, was at the heart of the implant’s problems. For example, Dr. Harlan C. Amstutz, an orthopedic surgeon in Los Angeles and an implant designer who is a consultant for Wright Medical Technology, a competing orthopedic company, said that he believed that the design was prone to problems.
“It may not be Toyota, but it is not good,” Dr. Amstutz said.
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If you have had a hip replacement using a device known as an ASR, you may be at risk for a costly and painful replacement operation to have it removed. The hip implant's manufacturer, Dupuy Orthopedics, has announced that it will no longer sell the ASR, originally citing slow sales as the reason. However, it is now apparent that the ASR has been failing in patients only a few years after being implanted, as opposed to the 15 years or so that an artifical hip should last. As reported by the New York Times, according to Dupuy the risk of failure is highest in patients of small stature and those with weak bones.If you've had a hip replacement, you may want to check with your surgeon to determine if an ASR was used, and if so what are your medical options. To determine your legal options, please call attorney Ronald Ingber at 1-877-529-4343
Wednesday, February 24, 2010
TOYOTA ACCELERATION PEDAL RECALL
Ms. Livingston, a 21 year old woman from New York, was on her way to a postgraduate teaching internship when her Toyota spun out of control. The case is believed to be one of the many linked to unintended acceleration in Toyota vehicles.
The ongoing investigation into the Toyota Acceleration problem has revealed that an electronic malfunction has not been ruled out. At a congressional committee on Tuesday, February 23, 2010, a top Toyota Motor Corp. executive confirmed that that fixing the floor mats and sticking pedals may not completely fix the problem. If the problem is indeed electronic, millions of more Toyota and Lexis vehicles could be recalled.
The ongoing investigation into the Toyota Acceleration problem has revealed that an electronic malfunction has not been ruled out. At a congressional committee on Tuesday, February 23, 2010, a top Toyota Motor Corp. executive confirmed that that fixing the floor mats and sticking pedals may not completely fix the problem. If the problem is indeed electronic, millions of more Toyota and Lexis vehicles could be recalled.
Toyota has provided the public with the following information:
If you drive a Toyota or Lexus, you need to know the following steps incase your accelerator pedal sticks while you are driving.
If you need to stop immediately, the vehicle can be controlled by stepping on the brake pedal with both feet using firm and steady pressure. Do not pump the brake pedal as it will deplete the vacuum utilized for the power brake assist.
Shift the transmission gear selector to the Neutral (N) position and use the brakes to make a controlled stop at the side of the road and turn off the engine.
If unable to put the vehicle in Neutral, turn the engine OFF. This will not cause loss of steering or braking control, but the power assist to these systems will be lost.
If you need to stop immediately, the vehicle can be controlled by stepping on the brake pedal with both feet using firm and steady pressure. Do not pump the brake pedal as it will deplete the vacuum utilized for the power brake assist.
Shift the transmission gear selector to the Neutral (N) position and use the brakes to make a controlled stop at the side of the road and turn off the engine.
If unable to put the vehicle in Neutral, turn the engine OFF. This will not cause loss of steering or braking control, but the power assist to these systems will be lost.
If the vehicle is equipped with an Engine Start/Stop button, firmly and steadily push the button for at least three seconds to turn off the engine. Do NOT tap the Engine Start/Stop button.
If the vehicle is equipped with a conventional key-ignition, turn the ignition key to the ACC position to turn off the engine. Do NOT remove the key from the ignition as this will lock the steering wheel.
Recalled Vehicles:
· RAV4 (2009-10 models)
· Corolla (2009-10)
· Camry (2007-10)
· Matrix hatchback (2009-10)
· Avalon large sedan (2005-10)
· Highlander crossover (2010)
· Tundra pickup (2007-10)
· Sequoia large SUV (2008-10)
Recalled Vehicles:
· RAV4 (2009-10 models)
· Corolla (2009-10)
· Camry (2007-10)
· Matrix hatchback (2009-10)
· Avalon large sedan (2005-10)
· Highlander crossover (2010)
· Tundra pickup (2007-10)
· Sequoia large SUV (2008-10)
If you or a loved on has been seriously injured in an accident involving a recalled Toyota vehicle, call New York accident attorney Elizabeth E. Schlissel at 1-877-529-4343.
Thursday, February 18, 2010
FALL VICTIM RECEIVES ARBITRATION AWARD OF $455,000
New York accident attorney Ronald D. Ingber obtained a successful arbitration award for our client who was involved in a slip and fall incident. The 50 year old client was leaving her rental premises when she was caused to slip and fall on the front steps. As a result, the client suffered a comminuted elbow fracture and underwent extensive surgeries to repair her arm. SILER & INGBER, LLP a NY personal injury law firm, commenced a lawsuit against the owner of the premises for their negligence. Defendant argued that our client utilized the steps on a daily basis and that no hand railing was legally required as the premises was built pre building code. With supporting expert proof, we argued that the top landing of the stairwell was narrow and short in depth contributing to the fall and that a railing may have prevented the incident. After a lengthy arbitration with testimony from all parties, the arbitrator awarded the sum of $650,000 less a finding of thirty (30%) percent comparative fault against our client. The net award to our client was $455,000. If you or a friend has been injured in an accident, do not hesitate to contact the attorneys at SILER & INGBER, LLP for a free consultation to discuss your NY accident.
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