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The attorneys at the Bongiorno Law Firm, PLLC, have recovered millions of dollars for clients who have been killed, seriously injured or disabled as a result of negligent and wrongful conduct of others.

The Bongiorno Law Firm-New York Personal Injury Attorneys

GM Class Action Lawsuit

The GM Class Action Lawsuit / GM Recall Lawsuit

A defect in nearly 6 million GM cars could cause the car's engine and electrical system to shut off, and disable the air bags. For a decade, GM and government safety regulators reportedly failed to address this defect, which has been implicated in the deaths of over 300 people in crashes where the front air bags did not deploy.

It has been reported that GM could have fixed the defective switch for as little as 57 cents per vehicle.


GM Settlement for Ignition Switch Recall Announced


As reported in late June 2014 by the New York Times, Ken Feinberg, a compensation expert hired by General Motors, announced a plan that sets a $1 million starting point for each death in accidents caused by a defective ignition switch in GM cars. The plan envisions compensation for a much greater number of victims and families whose loved ones died than the 13 deaths that GM has publicly linked to the defect. There is no cap on the amount of money GM has agreed to spend on victims' payments, and the company will not seek to assert protection from liability involving incidents before its July 10, 2009, bankruptcy restructuring agreement.


The General Motors Recall List: GM Cars Recalled for Faulty Ignition Switches. From January through June 2014, GM has recalled the following cars as vehicles involved in GM recall:

  • Buick Lacrosse - 2005-2009
  • Buick Lucerne - 2006-2011
  • Buick Regal LS & GS - 2004-2005
  • Cadillac Deville - 2000-2005
  • Cadillac CTS - 2003-2014
  • Cadillac DTS - 2004-2011
  • Cadillac SRX - 2004-2006
  • Camaro - 2010-2014
  • Chevrolet Cobalt - 2005-2010
  • Chevrolet HHR - 2006-2011
  • Chevrolet Impala - 2000-2014
  • Chevrolet Malibu - 1997-2005
  • Chevy Monte Carlo - 2000-2008
  • Daewoo G2X - 2007-2009
  • Oldsmobile Alero - 1999-2004
  • Oldsmobile Intrigue - 1998-2002
  • Opel/Vauxhall GT - 2007-2010
  • Pontiac G4 -2005-2006
  • Pontiac G5 - 2007-2010
  • Pontiac Grand Am - 1999-2005
  • Pontiac Grand Prix - 2004-2008
  • Pontiac Pursuit - 2005-2006
  • Pontiac Solstice - 2006-2010
  • Saturn Ion - 2003-2007
  • Saturn Sky - 2007-2010

How Fatal Accidents in GM Cars Recalled For Defective Ignition Switches Have Occurred


In the recalled cars, the ignition switch can turn off the engine and shut off the car's electrical system on its own. This can occur if the ignition key is inadvertently jarred. Or it can occur when the car goes over a bump. GM has also stated that if the driver has a heavy key ring attached to the ignition key, the weight of the ring can pull the key into the "off" position.

For the example, on July 29, 2005, Amber Marie Rose, age 16, died after her 2005 Chevrolet Cobalt crashed and the air bag failed to deploy. Ms. Rose's death was the first of the 303 deaths linked to the problem, and, the New York Times reports, "was an early warning in what would become a decade-long failure by GM and the National Highway Traffic Safety Administration to address a problem that engineers and regulators had been alerted to years ago."


As Fatal Accidents Occurred, GM Failed to Recall the Faulty Cars


For years, GM tracked crashes in which the air bags in its cars did not deploy but did not issue a recall and fix the defect with its ignition switches.

According to the most recent chronology prepared by GM, during the pre-production development of the Saturn Ion, GM engineers learned that the ignition could wander from "Run" to the "Accessory" or "Off" position in 2001. A report identified an issue with the ignition switch and stated that an ignition switch design change had resolved the problem.


Two years later, another report "documented an instance in which the service technician observed a stall while driving." The service technician noted that the weight of several keys on the key ring had worn out the ignition switch. It was replaced and the matter was closed.


GM engineers encountered the problem again in 2004 during test drives of the Chevy Cobalt, before it went to market. According to the chronology provided to NHTSA, engineers pinpointed the problem and were "able to replicate this phenomenon during test drives." GM explored a number of solutions, but after considering cost, effectiveness and the amount of time it would take to develop a fix, GM decided to do nothing.


As soon as consumers began buying the 2005 Cobalt, GM began to get complaints about sudden loss of power incidents. In May 2005, GM again assessed the problem and considered in re-designing the key head from a "slotted" to a "hole" configuration. GM again declined to act.

Instead, in October 2005, GM issued Technical Service Bulletin alerting service technicians to the inadvertent turning of the key cylinder resulting in the loss of the car's electrical system. Customers who brought in their vehicle complaining about the issue got a re-designed key head which prevented the key ring from moving up and down in the slot, and the smaller design kept the keys from hanging as low as they did in the past. But, there was no general recall and GM continued to get complaints.


In 2006, GM approved a design change for the Cobalt's ignition switch supplied by Delphi, but the new design wasn't produced until the 2007 model year.


The following year, NHTSA crash investigators met with some GM staff to discuss their airbags, and informed GM of the July 2005 frontal and fatal crash of Amber Marie Rose. As noted above, the airbags in Ms. Rose's 2005 Cobalt did not deploy. Data retrieved from the vehicle's diagnostic system indicated that the car's ignition was in the "accessory" position. GM began investigating and tracking similar crashes. By the end of 2007, GM knew of 10 frontal collisions in which the airbag did not deploy.


For the next six years, GM continued to get complaints and continued to investigate frontal crashes in which the airbags did not deploy. It wasn't until 2011 and 2012 that GM's examinations of switches from vehicles that had experienced crashes revealed significant design differences in ignition switches from the 2005 Cobalts and those from the 2010 model year, the last year of the Cobalt's production. GM blamed the supplier for instituting those changes in the switch design. In late 2013, after numerous assessments, GM made the decision to begin a Chevrolet recall, to recall the Cobalt and G5 vehicles.


Legal Rights of Those Injured by Defective Cars

Automakers have a legal duty to produce cars that are safe, and promptly correct any known safety defects. Damages in personal injury lawsuits against auto manufacturers for selling defective vehicles with safety flaws include damages for:

  • Past and future physical pain and suffering, mental anguish and physical impairment;
  • Past and future medical, incidental and hospital expenses;
  • Past and future loss of earnings and earning capacity; and
  • Punitive damages in cases of egregious misconduct.

If the driver or occupant was killed, surviving families members may file a wrongful death lawsuit.





A message from the Attorneys at The Bongiorno Law Firm BECAUSE WE CARE!


Stryker Hip Recall

Issue: Recalled Rejuvenate and ABG II hip implants

Stryker began selling the Rejuvenate hip system in 2009 and the ABG II hip system in 2010. Two years later, Stryker recalled these hip implants. Stryker did not conduct any clinical testing on the safety and effectiveness of the Rejuvenate and ABG II hip systems before selling the devices.

On November 3, 2014, the parties announced a settlement of the litigation valued at over $1 billion.

Stryker Settlement

Under the settlement, Stryker will provide a base payment of $300,000 to patients that received the Rejuvenate or ABG II hip systems and underwent revision surgery by November 3, 2014, to remove and replace the devices.

The base award may be adjusted upward depending on certain factors. For example, payments will be increased for extraordinary medical injuries, such as multiple surgeries (re-revisions) or infections and other medical complications suffered as a result of revision surgery.

The deadline for eligible patients to submit their claim for payment under the settlement is March 2, 2015. The first payments under the settlement program are expected to begin in the Summer of 2015 with enhanced payments being projected for disbursement at the end of 2015 and early 2016.

Importantly, the Stryker settlement is not for a fixed sum. In other words, Stryker's ultimate liability is not capped. It is expected that total amount of payments under the settlement will far exceed $1 billion dollars.

Recall of Stryker Rejuvenate and ABG II Modular-Neck Hip Implant Systems

Stryker marketed the Rejuvenate and ABG II systems as being the "next generation" and "latest evolution" in their hip replacement product lines. Most artificial hip implants consist of a one-piece neck and stem, and a cup. Stryker's Rejuvenate and ABG II systems included multiple neck and stem components that the surgeon could choose from.

The ABG II system had eight right stems, eight left stems, and ten modular necks, which were supposed to offer greater stability and minimal bone stress. The Rejuvenate hip, with six stems and sixteen necks, was marketed to younger patients who were promised longer-lasting devices that offered a better range of motion.

Physicians and health regulators have focused substantial attention on the dangers to patients from the release of tiny metallic particles by, and the widespread failures of, all-metal (also called metal-on-metal) hip implants. Stryker's Rejuvenate and ABG II modular-neck hip stem systems are not considered metal-on-metal devices, since they do not have a metal ball that rubs against a metal socket. However, because the Stryker Rejuvenate and ABG II necks are made of chromium and cobalt, and the stems are coated with titanium, they do have a metal-on-metal junction and can release metallic debris into nearby tissue and the blood stream.

In April 2012, Stryker issued an "Urgent Safety Alert" to surgeons for the two hip replacement systems. The alert listed "excessive metal debris and/or ion generation" as one of the safety risks to patients. According to Stryker's Safety Alert, the following problems can result:

  • Metallosis (release of metal ions into the tissue and blood stream);
  • Necrosis (premature tissue death);
  • Osteolysis (bone dissolution); and,
  • Pain and loosening of the hip implant requiring revision surgery.

Stryker Hip Recall Lawsuits

In lawsuits filed against Stryker, patients with faulty hip implants charge that the Rejuvenate and ABG II devices are defective because the modular neck is prone to fretting, degradation, and fracture. Further, the lawsuits allege that Stryker knew or should have known that the Rejuvenate and AGB II hip systems were not safe for the patients, yet continued to market and sell the products. The lawsuits by the Stryker hip patients seek compensation for pain and suffering, medical expenses including the cost of replacement surgery, and lost past and future wages.

Important Notice for Stryker Hip Recall Patients Not Covered Under Settlement

Patients with a Stryker Rejuvenate or ABG II hip systems that fail and require revision surgery after November 3, 2014, are not eligible for this phase of the settlement and retain their rights to pursue claims for compensation against Stryker. If you fall within this category, please contact The Bongiorno Law Firm for a FREE consultation.


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For a laborer who sustained a broken leg because of improperly stacked sheetrock.


For a woman who suffered foot injuries resulting from a car accident.


 For a pedestrian who was knocked down by a car and required back surgery.


For foot injuries sustained by a woman who tripped on a walkway outside of a supermarket.


For a woman who was burned by steam from a defective radiator in her apartment.

$125,000 and $175,000

For a couple who sustained back and neck injuries in a car accident.


For a woman who suffered multiple injuries when her car was hit head on by a vehicle traveling in the wrong direction.


For a shoulder injury caused by a car accident.


For an iron worker who injured his Achilles heel when a pallet jack rolled down a ramp at the World Trade Center construction site.


For a man who sustained back injuries due to a car accident.


For a woman who sustained back injuries caused by a car accident.


For a woman who injured her shoulder in a car accident.


For a mentally and physically disabled boy who was inadequately supervised while attending a school for special children.


Obtained for a young man who slipped and fell on snow and ice at a car wash resulting in a fractured tibia/fibula.


Obtained for a man who sustained shoulder injuries as a result of a motor vehicle accident.


Obtained for a construction worker who sustained injuries to his foot as a result of defendant's violations of New York State Labor Laws on the construction site.


Obtained for a young woman who sustained knee injuries in an auto accident.

Attorney advertisement. The results of previous cases with particular facts and law. Therefore The Bongiorno Law Firm does not, cannot and will not make any guarantee, promise or warranty that the outcome of your case will be the same or similar to previous results. Every case is different. Results in prior cases do not guarantee same.

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The Bongiorno Law Firm represents clients in:

All 5 boros, New York City, Queens, Brooklyn, Bronx, Staten Island, Nassau County, Suffolk County, Upstate New York, Monroe County, Broom County, Dutchess County, Ulster County, Sullivan County, Putnam County, Buffalo, Erie, Albany, Westchester and Rockland Counties.

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For catastrophic burn injuries due to accidental fire in building with electrical violations.

$11 Million

Obtained for a construction worker who sustained an amputated leg as a result of defendants' violation of several New York State Labor Laws at the construction site.

$2 Million

Reached during trial for our client who sustained erectile dysfunction as a result of a fall caused by the fault of the New York City Transit Authority and the Metropolitan Transit Authority.

$1.9 Million

Obtained for construction worker whose foot and ankle were crushed when a lull forklift dropped a 2500 lb bundle of rebar onto his leg.


For a construction worker that sustained injuries on the job when his lower leg was ran over by an excavation machine.


For a young man that suffered head injuries when his car hit a tree after the car dealership that balanced his tires failed to properly reattach his front tire.


For a woman that was sexually abused by a police officer in the precinct.


For a woman who was run over by a car and suffered a broken ankle.


For an epileptic woman that fell out of a window that the landlord failed to equip with protective bars.


For a man struck by an automobile that suffered a fractured leg.


For a man that needed back surgery after an automobile accident at intersection with missing stop sign.


For a trip and fall accident that caused a fractured leg.


For a man that suffered a back injury due to a defective ladder.

Attorney advertisement. The results of previous cases with particular facts and law. Therefore The Bongiorno Law Firm does not, cannot and will not make any guarantee, promise or warranty that the outcome of your case will be the same or similar to previous results. Every case is different. Results in prior cases do not guarantee same.