News & Views - Faraci Lange

Zimmer NexGen CR-Flex, LPS Flex and MIS Tibial Components Recalled Because of Failure Rate

Hadley Matarazzo — Mon, 02 Jan 2012 17:44:01 +0000

The Zimmer NexGen CR or cruciate retaining knee replacement device is a subgroup of Zimmer’s popular NexGen total knee replacement series, which includes the CR-Flex and LPS Flex. Individuals implanted with these components have experienced loosening, pain and device failure requiring revision surgery. These components were designed for people with healthy bones and intact cruciate ligaments and are recommended for individuals undergoing first-time knee replacements. The CR-Flex is unique in that it is not secured by surgical cement, but instead is supposed to attach to the patient’s thigh bone. Based on numbers provided by Zimmer, it is estimated that thousands of these devices were sold by 2010.

At a March 2010 conference of American Academy of Orthopaedic Surgeons, a group of orthopedists presented data on 108 Zimmer NexGen Knee replacement patients from Rush University Medical Center in Chicago. The data shows that 9% of the patients had to undergo revision surgery within two years of the initial implantation of the Zimmer NexGen CR-Flex Knee. In addition, 36% to 39% of the patients reported pain and loosening of the implant indicating that the failure rate could reach as high as 39%.

In September 2010, the FDA issued recalls of Zimmer’s NexGen Complete Knee Solution LPS Femoral Component, NexGen Complete Knee Solution LPS Flex Gender Femoral Component, and NexGen Complete Knee Solution MIS Tibial Components, Locking Screw and Stem Extensions.

If you have been implanted with a Zimmer NexGen CR-Flex, LPS Flex and/or MIS Tibial Components, 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.

Faraci Lange Selects ProLaw XII for its Unparalleled Front and Back Office Integration

Faraci Lange — Wed, 14 Dec 2011 15:32:22 +0000

Personal Injury Law Firm Streamlines Financial and Practice Management with New ProLaw XII

Elite, part of Thomson Reuters, announced that Faraci Lange LLP has selected ProLaw XII, the latest-generation of the leading One Office financial and practice management system. After an extensive evaluation of other solutions, the firm determined that ProLaw XII offered the best integration of accounting and case and document management in a single solution.

“We ultimately wanted to make it easier for our staff to do their jobs. ProLaw XII provides a central location to manage all case and matter related materials so that everyone has access to the most up-to-date information at any point in time. Plus the powerful reporting capabilities enable us to generate real-time reports that help management make better-informed decisions,” said Stephen G. Schwarz, managing partner of Faraci Lange. “ProLaw XII will help us continue to operate our firm as efficiently as possible.

The team at Faraci is excited about ProLaw’s XII’s “Pro Filing” features, particularly the ability to save emails and attachments to the relevant matter in ProLaw with one click and without leaving Microsoft® Outlook. The enhanced report functionality also saves time and provides access to more case, client and financial information with flexible standard report templates that eliminate the need to create a report from scratch. With automatic report scheduling and distribution, staff has access to more information when they need it.

Founded in 1968, Faraci Lange is a Rochester-based firm of lawyers focusing on personal injury law. The firm’s attorneys have earned a reputation with judges and other attorneys that is unsurpassed, and they have been recognized routinely by their peers as among the nation’s best, with annual recognition in Best Lawyers in America and Super Lawyers. In addition, Faraci Lange is the only firm in the Rochester region of any size with three partners that are fellows of the American Academy of Trial Lawyers.

ProLaw is an integrated software suite designed to automate the practice and manage the business of law. Comprehensive features simplify, streamline and coordinate the work of attorneys and staff in small and mid-size law firms, corporate legal departments and government law offices. Built entirely on Microsoft .NET, ProLaw combines case and matter management as well as time entry, billing and accounting capabilities within a single integrated solution. ProLaw and new ProLaw XII are fully integrated with Westlaw and new WestlawNext™ featuring WestSearch technology to streamline docketing and provide convenient legal research directly from the context of a matter.

For more information on ProLaw, please visit www.prolaw.com.

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.

Nicholas Pontzer Admitted to New York State Bar

Faraci Lange — Wed, 02 Nov 2011 16:08:25 +0000

Nicholas J. Pontzer, an associate at the law firm of Faraci Lange LLP, has been admitted as a member of the New York State Bar.

A swearing-in ceremony took place Oct. 19, 2011 in the Fourth Judicial Department of the New York State Supreme Court’s Appellate Division at the Dolores Denman Courthouse in Rochester.

Pontzer focuses his practice on commercial and real estate litigation, and on labor and employment cases involving termination issues, discrimination, and wage and hour claims. He now is a member of the New York State Bar Association, the Monroe County Bar Association and the Illinois State Bar Association.

A Rochester, N.Y. resident, Pontzer earned his law degree from the University of Chicago.

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.

Punitive Damages

Joseph Regan — Wed, 14 Sep 2011 10:52:00 +0000

Periodically, a client will ask about punitive damages. The topic often arises in situations where the other party’s negligence had the potential to create much greater harm than actually occurred. Example: A company’s defectively designed product which could have caused death or serious injury did not, but only due to sheer luck. The client learns that they are not entitled to recover for an injury that could have occurred, only for what did occur. Most clients accept this, but are genuinely concerned that something worse does not happen to someone else. This sometimes leads to questions about punitive damages.

Punitive damages are distinct from compensatory damages, which are awarded to compensate the injured party for his/ her losses. Punitive damages cannot be awarded without some recovery for compensatory damages. They are assessed in addition to compensatory damages as an expression of a jury’s outrage over the conduct of the defendant. However, ordinary negligence, even gross negligence, will not result in recovery of punitive damages.

Recovery of punitive damages is difficult in New York, and there are public policy reasons for that. Even though it is the plaintiff who recovers the punitive damages, they are assessed against a party not for the sake of the plaintiff, but for the good of the public at large. Behavior leading to punitive damages must border on the criminal. Punitive damages are thought to serve a number of purposes: to punish the defendant, to act as a deterrent, and to serve as a warning to others. A jury may award punitive damages against a party who consciously disregards the rights of others or engages in conduct that is so reckless that it amounts to the same thing. However, the conduct does not have to be intentional; if a jury decides that it is willful, wanton or reckless, it may award punitive damages.

Even if a jury awards punitive damages, however, they may be difficult to recover from a party without money. This is because liability insurance policies in New York State will not cover them. There are sound public policy reasons behind this, although to a person unable to recover punitive damages from an impecunious defendant the policy reasons may seem rather thin. However, if one could insulate oneself from punitive damages by insuring against them, the purpose behind punitive damages would be lost. A company knowingly putting dangerous drugs on the market might feel less compelled to change things knowing that any punitive award is fully covered by someone else and not the company’s own bottom line. However, lack of insurance coverage can make an award of punitive damages against a party without the ability to pay something of a hollow victory.

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.