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Companies that manufacture and sell drugs and medical devices have duties to appropriately make, test, ensure product safety, and appropriately warn of the side effects and complications associated with the use of their products.  However, when companies forsake these duties, often to protect their profits, defective and dangerous drugs and devices are put on the market.  As a result, many individuals are exposed to and injured by these products every year.

The injuries from these defective products can have significant and devastating consequences, including permanent injuries, the need for surgery(ies), other serious medical interventions, and even death.

The attorneys at Brown Chiari LLP are committed to seeking compensation for those injured due to the improper actions of the companies involved in the manufacture and sale of these defective products.  We have a longstanding history of successfully representing victims of numerous defective drugs and medical devices.  Our attorneys have the experience to handle the complex litigation entailed in bringing claims against drug and medical product device manufacturers in both state and federal courts.

Some of the products for which we currently are handling and/or investigating claims include the following:

  • DePuy hip implants
  • Stryker hip implants
  • Biomet hip implants
  • Wright hip implants
  • Zimmer NexGen knee implants
  • Medtronic Infused Bone Growth stimulator
  • Transvaginal/pelvic mesh/slings
  • Mirena IUDs
  • Heart implant devices
  • Yaz/Yasmin/Ocella
  • Actos
  • Accutane
  • Pradaxa
  • Plavix
  • Januvia/Byetta
  • Fosamax
  • Effexor
  • Granuflo/Naturalyte Fresenius dialysis

Heart implant devices, including stents, defibrillators, and pacemakers

If you or a loved one has been injured by a defective drug or medical device, please contact our office for an evaluation of your claim.

In America alone, about 5 million people are in need of a blood transfusion. Not only does donating blood help in treating patients suffering from cancer, bleeding disorders and other hereditary blood abnormalities, but there are a number of health benefits to the donors as well.


According to a recent Organicfacts article, here are 5 impressive benefits of blood donation:

  1. Prevents Hemochromatosis
  2. Anti-cancer Benefits
  3. Maintains Healthy Heart & Liver
  4. Weight loss
  5. Stimulates Blood Cell Production

Read the full article here.

Are nursing homes required to keep records of the care provided?

Yes. Legislation on both the federal and state levels requires documentation of assessments, plans of care, and the care provided. Further, the documentation must be complete and accurate.

What are some common signs of nursing home abuse or neglect?

  • Bedsores on the buttocks, sacrum (low back), and heels
  • Bruising and lacerations
  • Excessive weight loss
  • Fecal/urine odors
  • Fractures
  • Dehydration
  • Malnutrition

What are some things that constitute nursing home abuse?

Nursing home residents can be subject to a variety of abuse, including, but not limited to, verbal abuse, emotional abuse, and medication restraints (over sedation).

What is an assessment and care plan?

Under the Nursing Home Reform Act, each facility must make an initial assessment of a resident’s interests, strengths, and needs within 14 days of the resident’s admission to the nursing home (7 days for Medicare residents). This is the “blueprint” that outlines the care and services that a resident is supposed to receive. Assessment reviews should be held annually or when a resident’s condition changes and requires attention. A plan of care, which sets out what will be done, who will perform the tasks, and when the tasks will be completed, is established based upon this assessment. The initial plan should be completed within 7 days after the assessment is finalized.


Will the Nursing Home Reform Act apply in my state?

The Nursing Home Reform Act is a federal law and applies to all states. Most states have adopted their own laws regarding nursing home reform, which in many cases mirror the federal OBRA statute.


Do nursing home residents have rights?

Yes, the Nursing Home Reform Act discussed above also established the following rights for nursing home residents:

  • The right to freedom from abuse, mistreatment, and neglect.
  • The right to freedom from physical restraints.
  • The right to privacy.
  • The right to accommodation of medical, physical, psychological, and social needs.
  • The right to participate in resident and family groups.
  • The right to be treated with dignity.
  • The right to exercise self determination.
  • The right to communicate freely.
  • The right to participate in the review of one’s care plan and to be fully informed in advance about any changes in care, treatment, or change of status in the facility.
  • The right to voice grievances without discrimination or reprisal.

The extent to which the Nursing Home Reform Act succeeds in actually improving nursing homes depends upon the effectiveness of its enforcement. At Brown Chiari, our lawyers are dedicated to the enforcement of each and every right of the nursing home resident.

What is the Nursing Home Reform Act?

In general, the Nursing Home Reform Act was established to ensure that residents of nursing homes receive quality care and was part of the Omnibus Budget Reconciliation Act (OBRA) of 1987. The basic objective of the Nursing Home Reform Act was to ensure that residents of nursing homes received quality care that will result in their achieving or maintaining their highest practicable physical, mental, and psychosocial wellbeing.

Nursing homes will receive Medicaid and Medicare payments for long-term care of residents only if they are certified by the State to be in substantial compliance with the Nursing Home Reform Act.

Under the Act, it is required that residents receive periodic assessments, a comprehensive care plan, nursing services, social services, rehabilitation services, pharmaceutical services, dietary services, and, if the facility has more than 120 beds, the services of a full-time social worker.

What should be done if nursing home abuse or neglect is suspected?

You should contact the Department of Health in your particular state. In New York State, you should call 1-888-201-4563. In addition, you should seek legal counsel from an attorney who has experience in investigating and litigating nursing home abuse and negligence cases.


What are some of the common injuries sustained from nursing home abuse or neglect?

  • Dehydration
  • Bedsores
  • Weight loss
  • Bruising
  • Lacerations
  • Malnutrition
  • Fear
  • Depression

Why does nursing home neglect and abuse occur?

Most situations develop due to the facility’s inability to attract and keep quality, skilled staff, as well as inadequate training and understaffing.

What is nursing home neglect?

Nursing home neglect can take many forms, from failure to provide medical care for both physical and mental health needs, to simply protecting the resident from health and safety hazards. A resident has the right to attain or maintain the highest practical physical, mental, and psychosocial wellbeing. When this standard is not met, more often than not there is a case of negligence.

Overmedication: A Dangerous, All-Too-Common Way to Restrain the Elderly


At the behest of on-site or on-call doctors and physicians’ assistants, most nursing home residents follow strict medication regimens that shouldn’t be altered or discontinued without a thorough consultation. Unfortunately, many nursing homes suffer from a lack of accountability that can lead staff members to make questionable dosing decisions. By all accounts, the problem of “over-medication”—especially with potentially dangerous sedatives and mood stabilizers—is growing. Learn more about how to spot and address over-medication at nursing homes.

Spotting Over-Medication

You don’t have to be a doctor to recognize potentially dangerous over-medication practices at your loved one’s nursing home. In this setting, psychiatric medications tend to be over-prescribed more often than other types of drugs. Look for the following symptoms in your family member or loved one:


  • Sudden or worsening confusion or disorientation
  • Balance problems
  • Erratic or violent behavior
  • Withdrawal or lack of recognition
  • Fatigue or oversleeping
  • Unexplained medical emergencies or complications

These problems can often appear and worsen within days, so it’s important to remain vigilant.

Causes of the Problem

Typical “causes” of over-medication include:


  • Nurses who work irregular shifts of 12 hours or more
  • Staff shortages that result in new nurses being assigned to unfamiliar patients
  • High-stress workplace conditions that lead to a “medicate first, ask questions later” mentality among staff membersSobering Statistics

    The problem of over-medication isn’t going away. In fact, it’s getting worse. According to the Department of Health and Human Services, over 50% of all anti-psychotic prescriptions made to nursing home patients may be unnecessary. At least 20% of all nursing home prescriptions are dispensed for longer than the recommended course or in excessive doses. Some pharmaceutical companies have already admitted to improperly marketing mood stabilizers and anti-psychotic drugs to nursing home doctors, but industry experts believe that the practice remains widespread.

    Recourse for Family Members

Family members should make it clear to nursing home doctors and nurses that their loved ones must be treated with dignity and respect. If you suspect that your family member is being “controlled” with inappropriate drug doses, put pressure on the facility’s management team to investigate the issue. If this doesn’t work, contact an experienced NY attorney group that has prosecuted more nursing home abuse cases than any other firm in the state. Reach us at our website, or call (716) 681-7190.


accident lawyer new york, accident attorneys new york, accident lawyers new york, injury lawyer ny, attorneys buffalo nyElder abuse is a serious concern for families searching for a nursing home for a loved one. Careful nursing home selection can help reduce the risk of abuse and neglect. The tips listed can assist in assuring that your family member will not suffer abuse or neglect while in the care of others.


A nursing home that cares about the comfort and happiness of residents will offer regular activities for amusement and socialization. Common activities include bingo, board games, movie nights and day trips. Some nursing homes even make it a point to take individual resident’s interests and hobbies into account when scheduling activities.

Dining Options

Nursing homes should offer a varied selection of nutritious foods for meals and snacks. Special dietary needs should be taken into consideration when meals are scheduled to give options to residents with needs related to medical issues such as diabetes or high blood pressure.

Trustworthy Employees

Ask the nursing home about their policies regarding the hiring of new employees. Employees should be required to complete a background check and have no criminal record. Any employee that completes medical tasks should be properly trained as a medical professional.

A Homey Feeling

Residents often have trouble transitioning to a nursing home because it does not have the amenities and familiar surroundings that are associated with home. Seek out a nursing home that allows residents to bring items from home to decorate their rooms. If a loved one making the transition to a nursing home has a pet, ask the facility whether personal pets are allowed to stay with residents.

Adequate Communication

A respectable nursing home should encourage regular visits from family members and should not have overly-restrictive rules on visitation. Family members should be invited and encouraged to keep an open communication with the facility to discuss the progress, comfort and happiness of their loved one.

Anyone that suspects beyond a reasonable doubt that a family member has been abused or neglected while under nursing home care should contact a New York attorney. A Brown Chiari, LLP attorney in Buffalo can discuss the legal recourse associated with elder abuse and help families seek compensation for any damages suffered.

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