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Personal Injury Law

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Last Entry: May 23, 2010 at 23:19:20

Slavery Lesson Goes Awry: Was It Educator Misconduct?

Posted on December 05, 2008
A white seventh-grade social studies teacher teaching a lesson about slavery attempted to simulate the conditions by which African natives were transported in slave ships by binding the hands and feet of two black girls with tape and having them crawl under a desk...

How Will “Doorbuster Bill” Proposed In Wake of Trampling Death of Wal-Mart Worker Effect Stores’ Civil Liability in the Future?

Posted on December 04, 2008
This past Black Friday bore witness to the inherent dangers in failing to properly control a crowd that could and did turn into a stampeding mob oblivious to the fact that a man was being asphyxiated beneath them. Two days after stampeding shoppers trampled a Wal-Mart worker to death at a Valley Stream, New York [...

FDA Approves Tapentadol Hydrochloride, The First New Drug In Its Class In More Than 25 Years for the Relief of Moderate to Severe Acute Pain

Posted on December 01, 2008
According to the American Pain Foundation, more than 25 million Americans experience acute pain each year as a result of injuries or surgeries, and a recent study estimated that 42 percent of U.S. hospital emergency department visits were due to pain-related problems...

Woman Convicted of Computer Fraud After MySpace Taunts Leads to Young Girl’s Suicide

Posted on November 28, 2008
The woman accused of using MySpace to bully a vulnerable teenage girl who subsequently killed herself has been found guilty of three misdemeanor charges. Lori Drew created a fake MySpace profile in the name of Josh Evans and used the persona to flirt with a thirteen year old girl named Megan Meier, who her daughter [...

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3 LIRR Train Accidents So Far This Year ? Isolated Incidents or a Pattern to Beware?

Posted on November 26, 2008
There have been three accidents thus far in 2008 at Jamaica Station, the Long Island Rail Road?s busiest station. Two of the train accidents have occurred within the last week, including one on November 23, 2008 that is being considered the worst accident in 15 years...

Metrocard To The Rescue

Posted on November 22, 2008
We have written about how the New York City Transit Authority has taken to request claimants in personal injury suits produce the Metrocard that they used to board a bus or enter the subway system at the time that their accident occurred. It just happened in one of our cases yesterday morning...

CPSC Releases Its Toy Safety Tips For Holiday Shopping

Posted on November 17, 2008
The U.S. Consumer Product Safety Commission (CPSC) has its list for the holidays, that is its annual holiday safety messages. Parents and gift buyers are encouraged to check it twice.� Released on November 12, 2008, CPSC, joined by U.S. Customs and Border Protection (CBP) and Safe Kids Worldwide, reminded parents to be diligent when making [...

Recalls of Children’s Toys for Lead Paint Issues Fly Under the Radar In This Last Holiday Shopping Season Before Tough New Safety Standards for Toys Take Effect

Posted on November 15, 2008
Although the publicity was much greater last year, 45 children’s toys have been recalled due to lead paint issues so far this year. The toys include Casper the Friendly Ghost Halloween Figurines, xylophones, jewelry and classroom reading and math aids...

Falls: A Common Occurrence with Wildly Different Outcomes

Posted on November 12, 2008
Common falls can have an unpredictable impact on the bodies of older people. Falls are now recognized as complex, often preventable events with multiple causes and consequences, calling for a wide range of interventions, both psychological and physiological, that many patients never receive...

Proof of Dangers of Plastic Chemical Bisphenol A (BPA) Gets Stronger

Posted on November 07, 2008
In an earlier blog, we wrote about conflicting conclusions being drawn concerning the safety of bisphenol A, or BPA. �The National Toxicology Program (NTP), which is part of the National Institutes of Health (NIH), found that BPA is of “some concern” �- the midpoint of a five-level scale - for effects on development of the [...

Death of New York Rangers Star Prospect Sparks Attention to Adequacy of Emergency Medical Presence at Sporting Events

Posted on November 03, 2008
When New York Rangers prospect Alexei Cherepanov suddenly collapsed on the bench during a Kontinental Hockey League (KHL) hockey game at a Moscow region arena on October 13, 2008, the lack of preparedness for such an occurrence was startling. �The player was carried from the bench area without a stretcher, and no ambulance or working [...

The Tri-State Region’s Most Dangerous Roads for Pedestrians

Posted on October 31, 2008
The tri-state region?s most dangerous road for pedestrians is Hempstead Turnpike in Nassau County, according to a new analysis by Tri-State Transportation Campaign, a policy watchdog organization. Between 2005 and 2007, 15 pedestrians were killed along the 15-mile stretch of roadway, with most of those fatalities occurring as the road passes through Elmont, Franklin Square [...

Court Rejects Medical Malpractice Defendants’ Attempt to Allow Jury to Find Plaintiff’s Father and Cousin, Both Physicians, Liable for Plaintiff’s Injuries

Posted on October 29, 2008
The plaintiff in Antaki v. Lerman sued North Shore University Hospital Plainview and Craig C. Lerman, MD alleging that he was the victim of medical malpractice in the hospital’s emergency room for failure to diagnose the presence of the bacteria C-difficile in his colon, which failure ultimately led to undergo surgery including a subtotal colonoscopy [...

Relatively Simple and Quick Exercise Program Found to Help Prevent Noncontact Anterior Cruciate Ligament Injury in Female Collegiate Soccer Players

Posted on October 24, 2008
Injuries to the anterior cruciate ligament (ACL) often require surgery and months of rehabilitation. Such injuries have been a particular concern for female soccer players. Strengthening and flexibility programs that have been found to reduce injuries to the ligament often require special equipment...

OSHA Random Inspections Reveal That Fall Hazards Are The Biggest Safety Problem at New York City Construction Sites

Posted on October 21, 2008
The federal government says that the hazards of falling are the biggest safety problem at New York City construction sites after random inspections during a two-week enhanced enforcement effort this past summer.� As part of its New York City construction safety task force, OSHA detailed 12 inspectors to conduct 96 safety inspections at 46 construction [...

New Medicare/Medicaid Guidelines for Nursing Home Nutrition and Sanitary Conditions

Posted on October 19, 2008
The Centers for Medicare and Medicaid Services (CMS) has released new Interpretive Guidelines for nutrition and sanitary conditions in nursing homes effective September1, 2008. The changes clarify areas such as assessment, care planning, and interventions for LTC residents...

Indictments and Repercussions Flowing From the Two Fatal Crane Collapses In New York City Earlier This Year

Posted on October 13, 2008
The safety of New Yorkers working at or living near construction sites has remained paramount following the crane collapses this past March and May that killed a total of 9 people. Stemming partly from corruption allegations that were first disclosed in the summer when the city?s acting chief crane inspector was arrested on charges of [...

Ovarian Cancer Test OvaSure Being Marketed Without Necessary FDA Approval

Posted on October 10, 2008
The U.S. Food and Drug Administration warned clinical test giant Laboratory Corp. of America Holdings that it was marketing OvaSure, an ovarian cancer test, in violation of the law in that it did not have marketing clearance or approval from the FDA. OvaSure measures six proteins in blood samples and calculates the chances that the [...

Danger: Unapproved Ophthalmic Balanced Salt Solution Drug Products and Topical Drug Products Containing Papain

Posted on October 06, 2008
The U.S. Food and Drug Administration (FDA) today announced that companies marketing unapproved ophthalmic balanced salt solutions (BSS) and unapproved topical drug products containing papain must stop manufacturing these products on or before November 24, 2008, and must stop shipping such unapproved products on or before January 21, 2009, or risk enforcement action...

Texting While Driving Is More Dangerous Than Drunk-Driving; Is Jail-Time Warranted?

Posted on October 02, 2008
A study by the Transport Research Laboratory, a British center for transport research, has suggested that texting while driving is riskier than driving under the influence of alcohol or drugs. Texting adversely effects drivers’ reaction times, steering control (ie...

New Law Makes It Harder to Introduce Evidence of Prior Incarceration or Conviction in Negligent Hiring Claims

Posted on September 29, 2008
Under a negligent hiring theory, an employer’s liability arises from its failure to take reasonable care in making hiring decisions, thereby placing the newly hired employee in a position to cause foreseeable harm to others. The negligent hiring theory creates an incentive for employers to avoid hiring previously incarcerated individuals...

Sixteen Athletes, Including Six Former NFL Players, Agree To Donate Their Brains To a Study of the Long-Term Effects of Concussions

Posted on September 27, 2008
Sixteen athletes, including six former NFL players, have agreed to donate their brains to a program that will study the long-term effects of concussions. Of particular interest is a condition known as chronic traumatic encephalopathy (C.T.E.), which has been likened to pugilistica dementia seen in boxers...

“Google Transit” To Help Customers Navigate New York City Transit System, But At What Cost to the Privacy of Its Customers?

Posted on September 24, 2008
This is cool!� Google Transit, a feature of the Google Maps online mapping service, provides point-to-point public transit trip planning. Google Transit will now allow travelers to access streamlined, regional trip-planning based on up-to-date schedule data across the subway, bus and rail systems, including walking directions for the beginning or end of the trip...

Yo-Yo Waterball, Bearing Risk Of Strangulation, Target of Legislation in New York; Children?s Product Safety and Recall Effectiveness Act of 2008 Also Signed Into Law

Posted on September 21, 2008
New York Governor David A. Patterson signed into law a bill prohibiting the importation, manufacturing, distribution, or sale of dangerous yo-yo waterball toys, and providing for enforcement by the attorney general. The New York State Consumer Protection Board has issued two warnings calling yo-yo waterballs a serious hazard to children...

New Suffolk County Law Sets $150 Fine for Texting While Driving

Posted on September 19, 2008
Starting September 21, 2008, Suffolk County drivers caught driving while text messenging�will face a $150.00 fine under a new county law that is the first of its kind in New York State. Westchester and Nassau recently approved similar laws, but those measures have not taken effect...

Talcum Powder: Not as Fresh and Innocent as You Might Think (Asbestos, Ovarian Cancer)

Posted on September 16, 2008
For many years, doctors have been discouraging the use of baby powder for infants. Though it works well as a drying agent and fights against rashes, ointments are now the preferred remedy for diaper-related rashes. Have you wondered why? Talcum powder, which contains the mineral talc, is potentially harmful to infants, and it should never [...

Increasing the Driving Age Requirement = Increased Safety

Posted on September 12, 2008
The Insurance Institute for Highway Safety is a nonprofit, scientific and educational organization aimed at reducing loss on the nation’s highways, including deaths, personal injuries and property damage. Its research has divulged that in the year 2006 alone, 42,642 people died in motor vehicle crashes...

Are Those Plastic Baby Bottles Safe? Some Findings and Advice

Posted on September 09, 2008
What parent could not be concerned upon hearing worrisome reports that bisphenol A (BPA), a chemical used in many polycarbonate plastics and epoxy resins such as plastic baby bottles, is dangerous to their newborns. The federal government and others are now studying this issue, but are not reaching the same conclusions as each other...

Enjoy A Relaxing Lunch as Traffic Whiz’s By Just Inches Away

Posted on September 05, 2008
Recently, on August 27, 2008, two cabs collided sending one of them onto a Times Square sidewalk. Shortly before that accident, on August 15, 2008, New York City carved a new public esplanade on the roadway of Broadway from 42nd to 35th Streets for people to sit, eat lunch, and to just enjoy being outdoors...

Few Doctors Report Abuse of Elderly Patients

Posted on September 02, 2008
A recent article in The Providence Journal notes that although doctors in almost every state are required by law to report suspected elder abuse of their patients, hardly any of them do, even if they fear that their silence may subject an elderly person to continued abuse at the hands of a caregiver or in [...

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