Scott C. Gottlieb, Injury Law Attorney

Women Awarded $19 Million by Texaco in Birth Defects Lawsuit
Five women who claim that Texaco is responsible for their children being born with various illnesses have been awarded $19 million by a Hinds County jury, reports the Insurance Journal.

The women sued Texaco, now part of Chevron Corp., claiming they were exposed to leaded gasoline fumes from tanks left in the ground a former gas station was renovated. Experts testified one of the mothers was exposed to 46,000 times the safe level for exposure to leaded gasoline fumes.

One child is severely mentally disabled and the other children suffer from respiratory problems and learning disabilities.

The Mississippi Department of Environmental Quality removed the tanks and contaminated soil in 2000. Texaco plans to appeal the case.

Experience counts. If you or a loved one has suffered injuries caused by another person or company, contact the law offices of Scott C. Gottlieb and Associates, LLP at 1-800-825-5529 or visit our web site. Our offices are located in Binghamton, Elmira, Rochester, Syracuse, and Watertown, N.Y. There is no case-review cost.

Texaco Personal Injury Birth Defects

Labels: birth injury, general

A Fort Pierce jury awarded a woman more than $1 million for injuries sustained in a fall from faulty handrails that her landlord failed to fix.

The 32-year-old woman complained about the handrails when she moved into her apartment and was told they would be fixed. The landlord continued to receive numerous complaints from tenants and the property manager about the loose handrails.

In 2007, the woman slipped on her apartment landing, grabbed the handrail, which gave way, causing her to fall down four steps. She injured her neck and back, has had three surgeries, and had medical bills totaling almost $200,000.

The jury award was for past, present and future medical bills and for lost wages.

Premises liability is one of the fastest growing segments of personal injury claims for both residential and business owners. Experience counts. If you have fallen and been injured contact the law offices of Scott C. Gottlieb at 1-800-825-5529 or visit our web site. Our offices are located in Binghamton, Elmira, Rochester, Syracuse, and Watertown, N.Y. There is no case-review cost.

Florida Personal Injury

Labels: accidents, general

Five plaintiffs are asking for $5 million in damages from the Siouxland Urology Center in Dakota Dunes, SD. claiming negligence, medical malpractice, and intentional infliction of emotional distress.

In the 22 page class-action lawsuit the patients claim Siouxland Urology breached the standard of care by re-using certain disposable medical equipment which caused damages to the patients. Manufacturers recommend the equipment used in cystoscopy procedures be used only once. Siouxland Urology denies any unsterilized equipment ever came into direct contact with patients.

South Dakota Department of Health has ordered the Center to change its cystocopy practices and the Center is offering free blood test to check for HIV and Hepatitis for the 5,200 affected patients.

The Rochester, NY Law Offices of Scott C. Gottlieb and Associates, LLP, have extensive experience with medical malpractice claims. Only a skilled medical malpractice attorney has the experience and the resources to thoroughly investigate and to prosecute your case. If you feel you or a loved one in the Rochester, NY office has suffered due to medical malpractice, call our 24-hour answering service at (607)-724-7700 or contact us with our online contact form. There is no case-review cost.



Dakota Urology Medical Malpractice

Labels: general, injury, malpractice, medical malpractice

The Medical Board of California has made public a decision made in December that a Torrance, CA. plastic surgeon is no longer allowed to practice medicine. According to the Torrance Daily Breeze, Dr. Lawrence Saks is also under federal indictment for several alleged crimes, including insurance fraud.

The Medical Board found that Saks committed "acts of gross negligence; repeated negligence failed to maintain adequate and accurate medical records in the case and treatment of two patients; failed to maintain malpractice insurance, and failed to timely report a patient's death". The patient died after a liposuction at Saks' outpatient clinic when she went into cardiac arrest due to lack of oxygen to the brain. Saks was acting as both the surgeon and the anesthesiologist and the board found he did not monitor his patient properly during the procedure, having his attention divided creating suboptimal conditions for both tasks.

The trial on federal charges for about $4 million in insurance fraud is scheduled to begin in May.

Healthcare professionals are required to give a standard of care that is ordinary or normal. Only a skilled medical malpractice attorney has the experience and resources to investigate and to prosecute your case. The Rochester, N.Y. Law Offices of Scott C. Gottlieb and Associates, LLP, have vast experience in medical malpractice law suits. If you feel that you or a loved one has suffered due to medical malpractice, call our 24-hour answering service at (607) 724-7700 or contact us via our online contact form. All calls and inquiries are responded to the same day, usually within one hour. There is no case-review cost.


Plastic Surgeon Loses Medical License

Labels: general, injury, malpractice, medical malpractice

The family of a New Jersey man, who died after having his wisdom teeth extracted in 2005, has been awarded over $12 million in a medical malpractice lawsuit according to Press Release Newswire.

The lawsuit alleged an oral surgeon extracted the 21-year-old's wisdom teeth despite knowing he had an immunity disorder which precluded any surgery or other dental work. The young man had a swollen throat the next day as reaction to the surgery and later died of suffocation.

The Rochester, N.Y. Law Offices of Scott C Gottlieb and Associates, LLP, have many years experience in medical malpractice lawsuits. Experience counts. If you feel you or a loved one has suffered due to medical malpractice, call our 24-hour answering service at 607-724-7700 or use our online contact form. There is no case-review cost.


$12 Million Verdict

Labels: general, injury, medical malpractice

Nashville's "The City Paper" reports a Columbia couple has been awarded $5.5 million in their lawsuit against pathology lab, PCA Southeast, for not detecting the woman had cervical cancer when testing a pap smear in 2004.

Once the cancer was found the woman had to have surgery, chemotherapy, and radiation therapy to treat the tumor. The lawsuit alleged if the pap smear had been read correctly in 2004, the woman would not have had to endure such severe consequences. Because the lab had previously admitted fault, the trial centered only on the damages to be awarded to the patient.

The attorneys for the laboratory have announced that they plan to appeal the decision.

The key to the successful treatment of cancer is an early diagnosis. If you feel you or a loved one has suffered because of a cancer misdiagnosis, turn to the Rochester, N.Y. Law Offices of Scott C. Gottlieb, Injury Law Attorney. Call our 24-hour answering service at 607-724-7700 or use out online contact form.


Tennessee Cancer Misdiagnosis Award

Labels: general, injury, malpractice, medical malpractice

Our summer newsletters were sent out over the last few weeks. There are some interesting and informative articles in this issue, so be sure to give it a look. For any of you who do not receive our newsletter and would like to, please feel free to subscribe on our website, our just e-mail us and we'll send you one if you just want to see what it's all about. Have a safe and happy rest of the summer!

Labels: firm, general

We often get calls from assault victims interested in pursing a claim against the assaulter or the establishment where the injury occurred. While claims such as this are possible, there are several reasons that discourage us from pursuing these types of cases. Most significant is the fact that injuries that are intentionally caused are normally not covered by insurance, such as the assaulter's homeowners policy. Therefore, it is necessary to sue the individual and hope to collect from any personal assets owned by him. Under some circumstances, if the assaulter was illegally served alcohol by a commercial establishment, an action can be brought against the bar or convenience store that improperly provided the assaulter with the alcohol. However, these cases are difficult to prove and often, if the establishment is a bar, there may be no insurance or no assets to collect from. Nevertheless, if someone is a victim of a crime and they have incurred medical expenses, property damage and/or lost wages, they may apply to the New York State Crime Victims Assistance Center. With a proper application, this agency will, in most cases, pay for uninsured medical expenses, property damage and/or lost wages. The number for your local office of the Crime Victims Assistance Center can be obtained from the police department, the district attorney's office or the phone book.

Labels: general, injury

Driving While Intoxicated has grave consequences. Whether there is an accident or not, being convicted of DWI will turn into a very expensive proposition. Each year, more states, especially New York, are increasing the penalties for DWI offenses. At a minimum, if you are convicted of DWI in New York, you will pay a fine of $500 as well as a Court surcharge. Your license will be revoked for 6 months and the Department of Motor Vehicles will charge you a civil penalty of $750, to be paid over the next 3 years. If you choose to get a conditional license prior to the expiration of your 6 month revocation, there will be other DMV costs for processing your request and participating in the Drinking Driver Program. Finally, your insurance rates are likely to increase, due to a re-evaluation of your risk status. The best solution is never to drink and drive. In the alternative, you may purchase an alcohol sensor device that will measure your blood alcohol content prior to getting behind the wheel.

Labels: accidents, general

Many states have recently considered passing legislation prohibiting text messaging while driving. Some states have proposed similar legislation involving prohibitions against eating food while behind the wheel. The reality is that distractions are one of the leading causes of motor vehicle accidents. Any time the driver must look down, thus taking his eyes off the road, there is a greater risk that he will be involved in a collision. The lesson to be learned is that any conduct, whether it be speaking on a cell phone or talking to other passengers, is potentially dangerous if it causes the driver to focus away from the road ahead.

Labels: accidents, general

As we draw closer to deciding who will be our next president, many of us in the legal community are wondering whether we will see the passage of tort reform laws. Generally speaking, it has been the Republican party that has been in favor of reducing awards to accident victims and those hurt by medical malpractice or bad medications. However, it is still uncertain whether or not the election of a Democratic president would translate into tort reform. For example, many large drug companies have supported Democratic candidates, which could mean that promises have been made to limit lawsuits against drug manufacturers. Fortunately, thus far, there have been no substantial changes in our state or federal tort laws. However, this issue is likely to again be raised after the seating of a new president.

Labels: general

Our Winter 2008 Newsletters are just going out, so keep your eye out for it in the mail. If you are not currently a subscriber, or if you wish to unsubscribe, please following the instructions on our website. Be safe in 2008.

Labels: general

We will be issuing a complimentary quarterly newsletter, with helpful information regarding our areas of practice and interesting facts. Our first issue will be for the fall of 2007. If you are a previous or existing client, you will automatically receive our newsletter. If you are a visitor to our site and would like to subscribe to our newsletter, just fill in the form on our homepage, and we'll put you on our mailing list!

Labels: firm, general

The National Highway Traffic Safety Administration estimates that every ten seconds someone in the United States is involved in a car accident. The majority of auto accidents cause minor property damage, while others result in substantial property damage, serious personal injury or death. Accident victims are likely to become overwhelmed by the barrage of telephone calls, paperwork, accident reports, treatment costs, medical bills, paperwork and other documentation received after an accident. Insurance companies sometimes take advantage of that. They have the time, resources and familiarity with procedures to stay busy working to minimize their personal injury payout or settlement. Unfortunately, because of events beyond their control or understanding, many accident victims receive no compensation, inadequate benefits or a less than equitable settlement for their claim. That is why it is always better to proceed with a lawyer than without one.

Labels: accidents, general

The state of New York has an estimated 700,000 hunters whose arsenal includes shotguns, rifles, muzzleloaders and even handguns. These incidents often involve members of the same hunting party and result from accidental discharge or unsafe handling of the firearm, or from the victim being out of sight or mistaken for game.

Compared to other outdoor sports, hunting is statistically safe. Unfortunately, accidents do happen and are often the result of hunting safety and game law violations that include:

- Running or walking with a loaded firearm,
- Placing or removing a loaded firearm in a vehicle,
- Firearms in insecure resting place,
- Shooting across the roadway,
- Shooting near occupied buildings, schools and playgrounds,
- Unclear sight of target and beyond,
- The firearm's "safety" has not been engaged, and
- Crossing fences, climbing trees or any awkward action with a loaded gun.

Homeowners insurance policies will often cover injuries caused by the negligent use of a firearm. This coverage may be available to the homeowner as well as other family members residing at the home. Some hunters also carry separate hunting accident insurance that may be obtained through certain hunting clubs and organizations.

Labels: accidents, general, injury

Only accidents which result in a serious physical injury entitle the accident victim to compensation for pain and suffering. The NYS Insurance Law defines a serious physical injury as any one of the following:

· Death

· Dismemberment

· Significant Disfigurement

· One or More Fractures

· Loss of a Fetus

· Permanent Loss of Use of a Body Organ or Member

· Permanent Consequential Limitation of Use of a Body Organ or Member

· Significant Limitation of Use of a Body Function or System

· A Medically Determined Injury or Impairment of a Non-Permanent Nature which Prevents the Injured Person from Performing all of the Material Acts which Constitute such Person’s Usual and Customary Daily Activities for not Less than 90 Days During the 180 days Immediately Following the Occurrence of the Injury or Impairment


These definitions can be difficult to understand and often require the assistance of an attorney in order to determine whether the accident victim qualifies as having suffered a serious physical injury. It is best to consult with an attorney soon after the accident occurs in order to make certain that your treating doctor is properly documenting your diagnosis, symptoms and prognosis.

Labels: accidents, general, injury

We have received several inquiries about the possibility of bringing a legal action against the manufacturers of the tainted pet food that was recently distributed throughout the United States. Generally speaking, most states do not permit an award of damages for the loss of your pet's companionship. This means that any legal action would be limited to recovering for your veterinary expenses and the value of your pet if the animal died. In these states, the cost of bringing a lawsuit would likely exceed any potential monetary recovery. Therefore, we are not recommending that individual pet owners get involved with legal actions. If, however, a law firm begins a class action on behalf of the thousands of individuals affected by the tainted food, you may wish to consider joining that class action. Class actions allow a law firm to bring a case on behalf of many individuals who have a relatively small claim. If you have such a claim, you should check on the internet to see if any law firms are getting involved with these class actions.

Labels: general, injury