Recent Blog Posts in 2008

Through their Classroom Scholarship Program, New York law firm Cellino & Barnes is able to help area classrooms. Each week during the Buffalo Bills Regular Season, $250 scholarships are awarded to 10 area classrooms.

Ross Cellino visited Miss Glomb's 1st Grade Class at St. Joseph University Heights, Ms. Denise Reed's 4th Grade Class at Iroquois Intermediate, Mrs. Cannon's 3rd Grade Class at French Road Elementary, Ms. Kiersten Roberts' 4th Grade Class at Northstar Christian Academy and Mrs. Metra's 1st Grade Class at Francis Parker School.

"We are committed to the education of our young people and are proud of our commitment to the community," state Ross Cellino.

Each week during the Buffalo Bills Regular Season, Cellino & Barnes donates $2,250 weekly by selecting 10 classrooms to receive a $250 scholarship from Cellino & Barnes. The scholarship is to be used for classroom supplies and projects.

Ross Cellino spends time speaking with the children of several of the winning classrooms as he presents the teachers with their award. Mr. Cellino visited Miss Stahura's 6th Grade Class at Immaculate Conception, Ms. M. Carducci's 2nd Grade Class at Big Tree Elementary and Ms. Tricia Kawi's 1st Grade Class at West Hertel #94 School.

"The smiles we see and the thank you letters we have received make this program very rewarding," stated Ross Cellino.

The law firm of Cellino & Barnes, P.C. is pleased to announce that Nicholas B. Davis, Esq. has joined the firm.

Mr. Davis has a broad base of civil litigation experience, including transportation, general liability and toxic exposure.

Mr. Davis attended college at the State University of New York at Buffalo, where he earned his Bachelor of Arts Degree in 2001. He obtained his Juris Doctor degree from Cleveland-Marshall College of Law inCleveland, Ohio in 2005.

Mr. Davis will concentrate his practice on plaintiff's personal injury cases, and may be contacted at Cellino & Barnes' Rochester office at16 West Main Street, 585-454-2020.

Construction Accident Verdict

Cellino & Barnes - Trial Attorneys Dylan Brennan & Gregory Pajak

A 31-year-old construction worker was injured when he fell 19 feet from a ladder, while working at a construction site.

Although our client had a history of spinal and knee injuries, this accident caused him to undergo surgery.

Prior to going to trial, the offer to settle never exceeded $60,000. Cellino & Barnes attorneys proceeded to trial, where a jury awarded our client $1.167 Million.

"Taking a case to trial can often prove beneficial to our clients as it did in this case," stated Ross Cellino. "Dylan Brennan and Greg Pajak have proven the importance of hiring experienced trial attorneys to represent you in your case."

About 30,000 Razor Dirt Quad's have been recalled. The Razor Dirt Quad is an electric powered ride-on vehicle. The control module for the throttle can fail and cause the vehicle to unexpectedly surge forward, posing a risk for injury. The recall affects product ID numbers beginning with 103110-01 or 103110-02.

If you have one of these products, stop using it immediately and contact Razor for a free replacement controller. Call them Toll Free 800-813-3155 or visit www.razor.com/recall.

It is unfortunate that many people with auto insurance policies either do not have SUM coverage or have minimum SUM coverage.

Why is SUM coverage so important anyway? SUM stands for Supplementary Underinsured/Uninsured Motorist coverage. SUM is coverage provided by your insurance company to protect you (and your passengers) in the event an accident happens and the other driver either did not have insurance or they had minimal insurance (which is $25,000/$50,000 in New York State).

Again, SUM coverage protects you and your family. For example, if you were badly injured and the other vehicle only had $25,000 in coverage, you would be able to use your SUM coverage. This would allow you to be compensated for your lost wages, pain and suffering and your medical costs up to the level of your SUM coverage. If you had $500,000 of SUM, you could be compensated up to $500,000, even though the other driver only had a $25,000 policy.

What can be done in New York State to ensure that the public is well informed and protected in the case of a serious auto accident? Perhaps, insurance companies and their agents and brokers could be required to have their clients sign a confirmation that they have reviewed and understand SUM coverage and have decided not to seek this additional coverage.

Auto accident victims in New York State are often left with many unanswered questions and often do not understand the importance of SUM coverage until it's too late.

The attorneys at Cellino & Barnes encourage you to contact your insurance agent or broker today to discuss the importance of SUM coverage and whether you have this insurance on your policy. If you have been injured or have questions about an accident you were in, the attorneys at Cellino & Barnes are available 24/7 to help you. Our consultation is free.

The Cellino & Barnes Classroom Scholarship Program is in full swing. Each week during the Buffalo Bills Regular Season, Cellino & Barnes selects 10 classrooms to receive a $250 scholarship.

This week, Ross Cellino visited Ms. Stephanie DiPasquale's 2nd grade class at Southside Elementary, Ms. Jennifer Patterson's 2nd grade class at Highland Elementary and Ms. Dara Pierce's 4th grade class at Starpoint Intermediate.

During Mr. Cellino's visits, he takes the time to speak with the children and then presents the teachers with their classroom scholarship.

"I believe it is our obligation to support the education of our young people," states Ross Cellino. "We all want to see our children succeed and have a bright future."

Cellino & Barnes, one of the largest personal injury law firms in New York State, has expanded their Buffalo offices to the top two floors of Main Place Tower in downtown Buffalo.

"This location will prove beneficial to our clients due to our close proximity to the courthouse," stated Steve Barnes.

"We have designed this location to create a quality working environment for our employees," states Ross Cellino. "In addition, our new office offers excellent facilities for client meetings and depositions."

Cellino & Barnes new address is 2500 Main Place Tower, 350 Main Street , Buffalo, New York 14202-3725.  Their phone number remains the same 854-2020.

In addition to the Buffalo location, Cellino & Barnes also has offices located in Rochester, New York and in Melville, New York on Long Island.

Each week during the Buffalo Bills Regular Season, Cellino & Barnes selects 10 classrooms to receive a $250 scholarship from Cellino & Barnes. The scholarship is to be used for classroom supplies and projects.

Cellino & Barnes is committed to the education of our young people. Each week Ross Cellino visits several winning classrooms where he spends time speaking with the children and presents the teachers with their award. This week Mr. Cellino visited: Ms. Dana Santospirito's 4th grade at Kargebein Elementary, Ms. Andrea Nasca's 5th Grade at St. Margaret's and Ms. Lori Dimmer's 4th Grade Class at Buffalo Public School #17.

"The teachers are always so grateful and the children often send us wonderful thank you cards and drawings", stated Ross Cellino. "This program is rewarding on so many levels."

Cellino & Barnes Personal Injury Jeffrey C. Sendziak

Our client, a 43-year-old woman, suffered injuries after the vehicle she was riding in, was rear-ended by a bus.

As a result of the auto accident, our client suffered neck and back injuries, which required surgical intervention.

After the insurance company made numerous low settlement offers, our firm proceeded to trial. We hired a life care planner and an economic expert to testify at trial, as we were determined to get the best result possible for our client. We were able to secure a $1.45 million settlement.

"By being patient and taking this case to trial, our client received the compensation she deserved," stated Ross Cellino. "Jeff Sendziak did an outstanding job for his client."

Cellino & Barnes Trial Attorney Richard P. Amico.

A 39-year-old business owner was struck from behind by a vehicle while on his way to a service call.

As a result of the auto accident, our client suffered multiple disc herniations to his neck and back. As a result, he underwent numerous injections and received hundreds of chiropractic and massage therapy treatments.

Despite his disability, our client did not miss any time from work. He did have to hire another technician to perform the manual labor portion of his job. Our client also had to take out a second mortgage on his home just to keep his business afloat.

A Monroe County jury deliberated for five hours before awarding our client: $80,000 in past pain and suffering; $150,000 in past wage loss; $360,000 in future pain and suffering and $720,000 in future wage loss. The total verdict was $1,310,000.

"Rich Amico did an outstanding job for our client", stated Ross Cellino. "His experience as a trial attorney was a key factor why our client received this substantial award."

Surgeons were recently warned by the FDA of life-threatening complications associated with using Medtronic's "Infuse Bone Graft" in surgeries on the cervical spine.

According to the FDA, over the past 4 years, 38 reports have been received of side effects associated with the Infuse Bone Grafts. Some patients had side effects which included difficulty swallowing, breathing, and speaking. While others suffered more serious complications, including tracheotomies and the insertion of feeding tubes, as well as second surgeries.

Although the FDA's alert was specific to neck surgeries, a review of FDA records and other medical documentation indicates complications as a result of other off-label uses, including unwanted bone growths near nerves or in areas outside the specific fusion site.

Cellino & Barnes is evaluating cases of people who may have suffered as a result of receiving an Infuse Bone Graft.

Read more - Wall Street Journal Blog posted by Jacob Goldstein.

Spine Surgeons Paid by Medtronic Touted Unapproved Use of Bone Graft

Many groups have been arguing that there should be a cap on the amount of money a victim of medical malpractice should be awarded. The argument suggests that uncapped damage awards, at least in part, drive up medical costs and discourage doctors from entering certain medical specialties.

However, concerns on the other side of the debate include:

• Would caps lessen the responsibility a medical provider should have?
• Would this exclude an injury victim from receiving the money necessary to pay for their long term care?
• Would such damage limitations push the financial burden caring for individuals seriously injured by medical negligence back onto the tax payers?
• Would a "floor" on awards as opposed to a ceiling, achieve the same goals the proponents of caps seek?

Let us look at an example if there was a $100,000 floor. If a jury in a medical malpractice case did not award over $100,000, the plaintiff would receive no recovery. The plaintiff's counsel could then be held responsible for defense costs.

A major concern expressed by medical care providers is the cost of liability coverage and the expenses related to defending a malpractice claim regardless of whether or not a case has merit.

If the standard was "when a medical malpractice jury award is less than $100,000, the plaintiff's attorney is hereby responsible for defense costs," you would likely see a decrease in the number of medical malpractice cases pursued. In addition, those victims seriously injured because of medical negligence would still receive just and fair compensation for their injuries not limited by an artificial cap.

In Texas and other states, legislation was passed capping portions of medical malpractice damages at $250,000. Proponents of such legislation suggest that such caps have led to a decrease in health insurance premiums. While the connection between the two is subject to debate, the question remains whether a floor on medical malpractice damages might accomplish the same goal. In addition, would a floor insure that those who have suffered catastrophic injuries receive just compensation not artificially limited by a cap? Case in point, a woman went to the ER with abdominal pain. After a brief examination, she was sent home. Two days later, she was rushed to the emergency room with a burst colon. As a result of this misdiagnosis, the woman suffered organ failure requiring the transplantation of her abdominal wall. The pain and suffering this woman continues to endure and the permanent consequences of her injury are not hard to imagine. Should injuries of this nature be limited to $250,000?

Tort reform advocates claim that "frivolous" medical malpractice lawsuits are responsible for problems previously addressed. Again, this claim is debatable, however, might placing a floor on medical malpractice cases address the issue by causing plaintiff's attorneys to focus on clearly meritorious cases with significant damages?