News & Views - Faraci Lange » Personal injury law

Faraci Lange Again Ranked Rochester’s “Best Law Firm” in Four Practice Areas by U.S. News Rankings

Faraci Lange — Thu, 10 Nov 2011 16:05:10 +0000

The law firm of Faraci Lange LLP once again received multiple top-tier honors among Rochester, N.Y. firms in the 2011-2012 U.S. News – Best Lawyers^® “Best Law Firms” rankings.

According to the legal profession’s peer-review publication, Faraci Lange is the first-tier, best law firm in four plaintiffs’ categories in the Rochester area: Legal Malpractice Law, Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. For a quarter century, the company has helped lawyers and clients find legal counsel in distant jurisdictions or unfamiliar specialties. The U.S. News Media Group is a multi-platform digital publisher of news and analysis, which includes the monthly U.S. News & World Report magazine, the digital-only U.S. News Weekly magazine, www.usnews.com, and www.rankingsandreviews.com.

Metal-on-Metal Hip Implant Failure Rate is on the Rise

Hadley Matarazzo — Wed, 09 Nov 2011 17:00:42 +0000

In August 2010, DePuy Orthopaedic, Inc. announced a recall of its metal-on-metal hip resurfacing components, ASR^TM XL Acetabular System/DePuy ASRTM Hip Resurfacing System. Since that time, thousands of individuals worldwide who received this defective product were forced to undergo risky and painful revision surgery. Initially, DePuy released a statement that it expected about 13% of these hips to fail. However, it is now evident that DePuy underestimated the failure rate of its defective device. Earlier this year, the British Hip Society and British Orthopaedic Association issued a joint statement stating that the early failure rate is much higher than anticipated ranging from a 21% revision rate at four years to 49% at six years.

Following the recall of the DePuy Orthopaedic, Inc’s metal-on-metal hip resurfacing components, ASR^TM XL Acetabular System/DePuy ASR^TM Hip Resurfacing System, reports of failure of metal-on-metal hips in the United States have continued to rise. An analysis done by The New York Times indicates that the Food and Drug Administration has received more than 5,000 reports of problems with these devices in the first half of 2011 alone. This is more than four times the number of complaints received by the FDA in the previous four years combined and likely understates the actual scope of the problem because although companies must file adverse reports, doctors and patients are not required to. The majority of the reports filed with the FDA detail complaints about the DePuy ASR hip, but complaints have also been filed regarding other metal-on-metal hip implants, including the Zimmer Durom cup and the DePuy Pinnacle hip. In fact, in May 2011, the FDA issued orders for post-market surveillance studies to 21 manufacturers of metal-on-metal hip replacement systems. The FDA stated that they are concerned about potential problems, including loosening, adverse local tissue reactions, and increased metal ion concentrations in the blood. However, it will likely take years to design, implement and undertake these studies so no answers will be forthcoming in the near future. Recognizing the growing concern and alarming failure rate of some of the metal-on-metal hip devices, most surgeons are now moving away from metal hips.

Sadly, for those that have received these hips, it is too little, too late. For many of these individuals, the damage has already been done. These metal-on-metal hips are known to shed tiny particles of the metals cobalt and chromium into the area around the hip and the bloodstream. These tiny metal particles can cause excruciating pain in the hip and in some cases permanent damage to the soft tissue, bone, muscle and nerves. Exposure to these metals has also been associated with a number of adverse health effects.

If you have been implanted with DePuy ASR hip or any other metal-on-metal hip, you should know you legal rights. Please contact us today for a consultation and to get important information concerning your legal rights from our attorneys.

Three Faraci Lange Attorneys Named Lawyers of the Year

Faraci Lange — Thu, 13 Oct 2011 13:08:16 +0000

Three Faraci Lange LLP attorneys have been selected as Best Lawyers’ 2012 Lawyers of the Year.

Angelo G. Faraci, of Rochester, has been named the Best Lawyers’ 2012 Rochester, N.Y. Medical Malpractice Law – Plaintiffs Lawyer of the Year.
Brian M. Zorn, of Victor, has been named the Best Lawyers’ 2012 Rochester, N.Y. Product Liability Litigation Lawyer of the Year.
Stephen G. Schwarz, of Fairport, has been selected as the Best Lawyers’ 2012 Rochester, N.Y. Personal Injury Litigation – Plaintiffs Lawyer of the Year.

Best Lawyers is designating Lawyers of the Year in certain legal specialties in large legal communities. The Faraci Lange LLP attorneys being honored received high ratings in Best Lawyers’ surveys by earning a high level of respect among their peers for their abilities, professionalism and integrity. Only a single lawyer in each specialty in each community is selected as the Lawyer of the Year.

Best Lawyers compiles its lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. The current, 18th edition of The Best Lawyers in America (2012) is based on more than 3.9 million detailed evaluations of lawyers by other lawyers.

Punitive Damages [Part 2]

Joseph Regan — Thu, 29 Sep 2011 11:27:13 +0000

Within the past 15 years or so, the U.S. Supreme Court has issued several opinions setting out restrictions on punitive damages. Because punitive damages can be viewed as a taking of property, they implicate the Due Process Clause of the U. S. Constitution. The first of these cases, and perhaps the most interesting, was BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996). Dr. Ira Gore purchased what he thought was a brand new BMW, only to find out months later that the vehicle had been damaged slightly when being transported, and had been repaired and repainted prior to its delivery to him. He was not told about the repairs, and only learned the vehicle had been repainted months after the transaction. BMW had an internal policy of selling those vehicles as new without informing the dealer or purchaser, when the cost to repair was less than 3% of the value of the vehicle. The paint job on the Gore vehicle cost less than $1,000. Nonetheless, an Alabama jury found that BMW had engaged in fraud and awarded Dr. Gore $4,000 in compensatory damages, and $4,000,000 in punitive damages. Though the Alabama Supreme Court later reduced the amount to $2,000,000, even that number was a bit too breathtaking for the U. S. Supreme Court. In sending the case back to the Alabama courts, the Supreme Court issued several guidelines for all states to follow on the issue of punitive damages. The court held that such an award must bear a relationship to the nature of the conduct, must bear some reasonable ratio to the amount of compensatory damages (here the ratio was 1,000:1!), and take into account existing state civil and criminal penalties for similar conduct. In subsequent cases, the Supreme Court has held that only in extraordinary cases will punitive damages exceeding double digit ratios to compensatory damages be considered appropriate.

The interesting case of Fordham-Coleman v. National Fuel Gas Distribution Corporation, 42 A.D.3d 106 (4^th Department, 2007) decided by the Appellate Division, Fourth Department (which covers Western New York), upheld a potential claim for punitive damages in connection with the wrongful death of a woman who froze to death in her home after being denied natural gas service by the National Fuel Gas Distribution Corporation in Buffalo. As winter began, the decedent had been told (erroneously) that she would have to satisfy a judgment for failure to pay a prior gas bill before service could be turned on. Later, through a series of bureaucratic snafus, her application for heat was simply ignored and she was found dead in her home several months later, a victim of hypothermia. The Appellate Division, citing among other things the defendant’s apparent violation of important state regulations regarding utility service, reversed a lower court’s ruling that punitive damages could not be award under the circumstances. The court held that a jury was entitled to hear the case and award punitive damages if under the facts the jury found them to be warranted.

Bottom Line: Each case must be evaluated on its own merits. However, punitive damages, though rarely awarded, can be rendered in addition to compensatory damages under circumstances where a jury finds the defendant’s conduct to be so outrageous or so willful, wanton or reckless that it needs to be punished and deterred.

Faraci, Schwarz Among Top 50 Upstate New York Super Lawyers

Faraci Lange — Wed, 21 Sep 2011 11:04:17 +0000

Two Faraci Lange LLP attorneys are listed among the Top 50 Upstate New York attorneys in the 2011 edition of New York Super Lawyers.

Angelo G. Faraci and Stephen G. Schwarz are among the 50 attorneys who received the highest point totals during the New York Super Lawyers-Upstate nomination, research and review process.

Faraci, of Rochester, is listed in the New York Super Lawyers in personal injury plaintiff: medical malpractice. He has been listed in New York Super Lawyers since 2007. Schwarz, of Fairport, is listed in personal injury plaintiff: medical malpractice. He has been named to New York Super Lawyers since 2007.

Faraci Lange Attorneys Again Named to Best Lawyers Listing

Faraci Lange — Tue, 06 Sep 2011 16:02:29 +0000

Faraci Lange LLP attorneys once again have been selected by their peers for inclusion in the Best Lawyers in America^®.

The seven attorneys named in the 2012 edition of Best Lawyers are:

Matthew F. Belanger, of Brighton, in the practice areas of personal injury litigation and product liability litigation. Belanger has been named to Best Lawyers since 2008.
John A. Falk, in medical malpractice law, personal injury litigation and product liability litigation. The Brighton resident has been named to Best Lawyers since 2009.
Angelo G. Faraci, of Rochester, in legal malpractice law, medical malpractice law, personal injury litigation and product liability litigation. Faraci has been listed in Best Lawyers since its inception in 1983.
Paul K. Lange, of Rochester, in medical malpractice law, personal injury litigation and product liability litigation. He was first named to Best Lawyers in 2001.
Joseph A. Regan, in medical malpractice law, personal injury litigation and product liability litigation. The Rochester resident has been named to Best Lawyers since 2005.
Stephen G. Schwarz, of Fairport, in medical malpractice law, personal injury litigation and product liability litigation. Schwarz has been named to Best Lawyers since 1999.
Brian M. Zorn, of Victor, in medical malpractice law, personal injury litigation and product liability litigation. Zorn has been named to Best Lawyers since 1995.

Best Lawyers is regarded, by both the legal profession and the public, as a definitive guide to legal excellence in the U.S. The new 2012 Best Lawyers is based on a rigorous national survey involving more than 3.9 million detailed evaluations of lawyers by other lawyers.

Birth Trauma Injuries Resulting from Medical Malpractice [Part 3]

Brian Zorn — Wed, 24 Aug 2011 11:09:03 +0000

Fortunately, there are several easily accessible research tools that can help you find highly experienced medical malpractice law firms. You can check the credentials of the firms and their attorneys by visiting “The Best Lawyers in America,” (www.bestlawyers.com), the American Board of Trial Advocates (www.abota.org) and the American College of Trial Lawyers (www.actl.com) and Martindale-Hubbell (www.martindale.com).

“The Best Lawyers in America” is a national organization that lists by specialty the attorneys and firms in each geographical area who other attorneys rate among the best in their specialty. As you would expect these attorneys are highly experienced in their fields. Look for firms who have attorneys listed in the medical malpractice section – the more attorneys listed, the greater the firm’s overall medical malpractice experience.

The American Board of Trial Advocates and the American College of Trial Lawyers are two other excellent resources because they have rigorous admissions standards and only admit highly experienced trial attorneys. For example, The American College of Trial Lawyers only admits those trial lawyers who are outstanding and considered the best in a state or province. This is very important because the better medical practice attorneys are all highly experienced trial attorneys. This is also very important because highly experienced and regarded medical malpractice trial attorneys are more likely to obtain better settlements and verdicts.

In matters as serious as birth trauma injuries you want to know if in addition to superior medical malpractice experience and legal skills, the attorneys and firms also practice at the highest ethical standards. “Martindale-Hubbell” is a highly respected national publication that uses peer reviews to rate attorneys and firms on both the quality of their legal work and their ethical standards. Look for attorneys and firms that receive both an “A,” their highest legal quality grade and a “V” their highest ethical grade.

New York Super Lawyers Recognizes Eight Faraci Lange Attorneys

Faraci Lange — Mon, 22 Aug 2011 15:04:57 +0000

Eight attorneys from Faraci Lange LLP have been selected for inclusion in the 2011 Upstate Edition of New York Super Lawyers.

The attorneys recognized are:

Matthew F. Belanger, in the practice area of personal injury plaintiff: general. The Brighton resident is listed for the second time.
David L. Cook, in the practice area of business litigation. Cook, of Pittsford, has been named to New York Super Lawyers in three previous years from 2007 – 2009.
John A. Falk, in personal injury plaintiff: general. A Brighton resident, Falk is listed for the second time.
Angelo G. Faraci, in personal injury plaintiff: medical malpractice. Faraci, who resides in Rochester, has been listed in New York Super Lawyers since 2007.
Paul K. Lange, in personal injury plaintiff: general. First named to New York Super Lawyers in 2007, Lange resides in Rochester.
Joseph A. Regan, of Rochester, in personal injury plaintiff: medical malpractice. Regan has been named to New York Super Lawyers since 2008.
Stephen G. Schwarz, of Fairport, in personal injury plaintiff: medical malpractice. He was first named to New York Super Lawyers in 2007.
Brian M. Zorn, in personal injury plaintiff: medical malpractice. Zorn, of Victor, has been named to New York Super Lawyers since 2007.

Only five percent of the attorneys in Upstate New York are named to the Super Lawyers list. Super Lawyers selects attorneys using a multi-phase process combining peer nominations and evaluations with third-party research. Candidates are evaluated based on peer recognition and professional achievement. The publication aims to provide a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.

Birth Trauma Injuries Resulting from Medical Malpractice [Part 2]

Brian Zorn — Wed, 17 Aug 2011 13:18:46 +0000

Learning more about these legal rights is important because if your child’s deficits and disabilities were caused by medical mistakes, compensation may be available for past and future medical bills, physical and emotional pain and suffering and treatment, equipment and facility needs.

Various treatments, procedures and equipment, which may be needed over your child’s lifetime, can benefit your child in multiple ways. Children with Erb’s palsy may benefit greatly from physical therapy and/or surgery.

Although cerebral palsy cannot be cured, treatments are available to help children overcome developmental disabilities or learn different ways to accomplish tasks they otherwise could not do. Such treatments may include: physical and occupational therapy; speech therapy; procedures and equipment to improve respiratory care and/or nutrition; medications to prevent seizures, alleviate muscle spasms, and reduce pain; surgery to correct anatomical abnormalities or release tight muscles; braces and other orthotic devices; wheelchairs and walkers; and communication aids such as computers with attached voice synthesizers.

Because cases involving birth trauma injuries typically are highly complex, involve several medical specialties, and multiple technical economic issues, highly experienced medical malpractice attorneys willing to devote the substantial time and resources these cases require, are best equipped to handle these cases.

Substantial experience with medical malpractice cases generally, and birth injury cases specifically, are required to understand the medical records and complex medical issues, and put together the team of medical and other experts necessary to evaluate thoroughly whether medical mistakes were made and, if so, how those mistakes caused the deficits and disabilities and the appropriate amount of compensation to seek.

Medical experts are typically needed in one or more of the following fields: obstetrics, neonatology, pediatrics, physical and occupational therapy, pediatric neurology and pediatric neuroradiology. Experts who evaluate the economic expenses flowing from the deficits and disabilities typically include Life Care Planners, who assess the child’s medical, treatment, equipment and facility needs on an annual basis, and economists, who project the cost of those needs over the child’s lifetime.

Birth Trauma Injuries Resulting from Medical Malpractice

Brian Zorn — Thu, 11 Aug 2011 18:12:59 +0000

Approximately seven of every thousand babies born alive in our Country sustain birth trauma injuries. Sadly, many of these injuries result from medical mistakes and are completely avoidable. Birth injuries from medical mistakes can be devastating, causing a lifetime of needless suffering and enormous expense.

Some of the more serious birth trauma injuries include:

Cerebral palsy, a group of neurological disorders, caused by abnormalities or injuries to the areas of the brain that control muscle movements. Cerebral palsy can affect speech, body movement and muscle coordination. Muscles can be either very rigid or very floppy. All types of cerebral palsy are irreversible and permanent, and all can be severely disabling.
Brain damage, resulting in vision or hearing loss, motor impairment, and/or cognitive deficits including mental retardation;
Erb’s palsy, which is arm paralysis ranging from mild to severe, including a non-functional arm and clawed hand. It is caused by injury to a group of nerves exiting the cervical spinal cord called the brachial plexus. These injuries typically are caused by failure to properly manage a delivery when the baby’s shoulder gets stuck behind the pelvic bone, a condition called shoulder dystocia.

The types of medical mistakes that can cause these debilitating conditions, among others, include, failing to:

appreciate or do appropriate prenatal tests;
consider and use the appropriate delivery method (such as proceeding with a vaginal delivery when a C-section should be performed);
monitor fetal wellbeing properly during labor and delivery;
treat promptly signs of fetal distress (which could be from lack of oxygen, infection and/or bleeding);
give appropriate doses and types of medications (or, conversely, give wrong doses or types of medication); and
have appropriate and timely physician involvement and supervision.

If your child suffered a birth trauma injury you suspect was caused by the medical mistake of a doctor, midwife, nurse, anesthesiologist, or other medical provider, you should consider meeting with a medical malpractice attorney who is highly experienced in birth injury cases to learn about your legal rights.