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Personal Injury Law

New York Legal Blog New York Legal Blog

Covers New York Legal News, including personal injury and legal events.
By Mark Siesel, Esq.

Post Frequency: 27.6/day

Last Entry: November 24, 2014 at 14:01:54

Recent Entries: 221

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Knee Replacements?When Are They Appropriate?

Posted on November 24, 2014
Knee replacement surgery has become more and more prevalent over the last fifteen years.  However, two recent studies from researchers at Virginia Commonwealth University in Richmond, after reviewing the records of 200 patients, suggest that in many cases, the surgery may not be appropriate or warranted...

Joan Rivers Daughter Melissa Rivers To File Wrongful Death Suit

Posted on October 31, 2014
Melissa Rivers, the only daughter of the late Joan Rivers, the 81 year old comedian who died on September 4, 2014, has announced her intention to file a multimillion dollar medical malpractice and wrongful death lawsuit against the Yorkville Endoscopy Clinic in New York City...

Several Former NFL Players Object To Concussion Lawsuit Settlement

Posted on October 17, 2014
This week, ten former NFL players filed objections to the NFL Concussion Lawsuit settlement due to concerns that the settlement does not adequately compensate the victims of chronic traumatic encephalopathy, or CTE. CTE is a brain injury of progressive neurological deterioration caused by repeated blows to the head...

Second Fatal Bike Accident In Central Park In Two Months

Posted on September 30, 2014
On September 18th, Jill Tarlov, 59, a married mother of two and former employee of WINS News, was crossing West Drive near West 63rd Street when she was struck by a bicyclist, 31 year old Jason Marshall.  Apparently, Marshall was travelling in excess of the 25 mph speed limit in Central Park, and swerved to […]

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NFL Acknowledges Traumatic Brain Injury Will Affect 1 In 3 Former Players

Posted on September 16, 2014
In a stunning and sudden change of position, the National Football League now acknowledges that 1 in 3 former players are likely to develop some long term brain damage from repeated head trauma and TBI suffered during their playing careers. The data was compiled by actuaries retained by the NFL and provided to United States District Court Justice Anita B...

NFL Concussion Settlement Closer To Reality

Posted on July 11, 2014
Over the last three years, 4,500 former NFL players filed lawsuits against the league alleging that for many year, the NFL deceived them as to the risks of repeated concussions and traumatic brain injury (tbi), resulting in numerous long term neurological conditions and the long term effects of these conditions, including dementia, Alzheimer?s Disease, chronic traumatic encephalopathy (CTE), Parkinson?s Disease and ALS (amyotrophic lateral sclerosis), also known as ?Lou Gehrig?s Disease...

Increased Federal Scrutiny Leads To Air Bag Recalls

Posted on June 25, 2014
Air bag recalls have risen exponentially in the last year due to increased oversight by the National Highway Traffic Safety Administration (NHTSA). 10 million of the 30 million vehicles recalled in 2014 have been as a result of air bag defects which cause the inflator canister to explode inside vehicles, leading to metal shards flying around inside the passenger compartment...

Trucking Industry Resisting Driver Sleep Regulations Despite Serious Accidents

Posted on June 20, 2014
The June 7, 2014 accident in which 30 Rock star Tracy Morgan was seriously injured, his close friend James McNair killed, and several passengers injured when a Wal-Mart truck rear ended their Mercedes limousine, has highlighted the significant issue of truck driver fatigue leading to many fatal accidents and serious injuries to occupants of other vehicles...

Painkiller Lawsuit-More Legal Problems For The NFL?

Posted on May 22, 2014
On May 20, 2014, 8 former NFL players filed a lawsuit against the National Football League in San Francisco U.S. District Court, alleging that the league illegally and deceptively plied them with painkillers during their playing careers to get them back on the field when they had in fact suffered serious injuries...

NTSB Reports That Metro North Engineer In Derailment Had Severe Sleep Apnea

Posted on April 07, 2014
The National Transportation Safety Board (NTSB) announced that William Rockefeller, the Metro North Engineer at the helm of the train which derailed in Spuyten Duyvil on December 1, 2013, killing 4 and injuring more than 70, had ?severe obstructive sleep apnea...

Toyota Agrees to Pay 1.2 Billion To Settle Federal Criminal Investigation

Posted on March 26, 2014
Last week, the U.S. Justice Department announced that Toyota will pay 1.2 billion dollars in fines to settle a four year long criminal probe commenced by the Justice Department arising out of sudden acceleration problems that caused the wrongful death of occupants of Toyota vehicles highlighted by a tragic crash in August of 2009...

GM Recalling 1.6 Million Cars Due To Defective Ignition Switches

Posted on March 17, 2014
One of the ?Big Three? Automakers, General Motors, has announced a massive recall of 1.6 million vehicles which apparently had defective ignition switches, causing the cars to turn off and disabling airbags in the process. As a result of the defective ignitions, the electrical systems in the vehicles would be inoperable, causing the airbags not to deploy, and many drivers and passengers of GM vehicles died as a result...

NYC Pedestrians Beware: Deaths and Serious Injuries Are On the Rise

Posted on February 03, 2014
In an article last month in the New York Post, it was reported that fatal accidents and serious injuries suffered by pedestrians has become a significant problem, and NYC taxi drivers are often to blame. Early last month, 9 year old Cooper Stock was crossing the street while holding his father?s hand on the Upper West Side...

K.C. Chiefs Sued By Former Players--Tip Of The Iceberg

Posted on January 20, 2014
Last month, five former players for the NFL?s Kansas City Chiefs sued the team, claiming that they are now suffering from brain injuries resulting from repeated concussions they suffered during their playing careers, which the team knew about but failed to warn them about...

Study Questions The Effectiveness Of Meniscus Surgery

Posted on December 30, 2013
A Finnish study recently published in the New England Journal of Medicine questions whether meniscectomies, the surgical repair of the meniscus, are effective in treating torn menisci of the knee. The meniscus is a cartilage of the knee that acts as a shock absorber, along with other parts of the knee including the anterior cruciate ligament...

New York Construction Workers Endangered By New Attacks On Scaffold Law

Posted on December 26, 2013
In the late 19th century, construction workers in New York were at the mercy of unscrupulous builders and contractors who would require underage, untrained, and worst of all unprotected workers to ascend to great heights in the construction of the skyscrapers which would soon become commonplace on the New York skyline...

Metro North Derailment?What Happened?

Posted on December 05, 2013
The tragedy on the southbound Metro North Poughkeepsie train in the Bronx this past Sunday, December 1, 2013, is under investigation by both the National Transportation Safety Board (NTSB), the MTA Police, the NYPD and the Bronx District Attorney?s Office to determine if a crime was committed...

Dog Bite Data Show Pit Bulls To Be Most Dangerous Breed

Posted on November 25, 2013
According to the Centers for Disease Control (CDC), 4.5 million Americans are bitten by dogs annually, and half of those bitten are children. One in five bitten, or approximately 885,000, need medical attention for their dog bite injuries, and 50% of those are children...

The NCAA Is Confronted With Numerous Concussion Lawsuits

Posted on November 19, 2013
Earlier this year, the NFL paid $765 million to settle a multitude a lawsuits by former players and their families alleging that the league failed to disclose its knowledge that multiple blows to the head led to what is known as ?CTE?, chronic traumatic encephalopathy, a degenerative brain disease that causes loss of memory, disturbance of mental functioning, depression, headaches, vision difficulties, and a host of other permanent injuries...

National Transportation Safety Board Critical of Bus & Truck Oversight

Posted on November 15, 2013
The National Transportation Safety Board (NTSB) had determined that four fatal accidents in the last year were due to a lack of oversight by the Federal Motor Carrier Safety Administration (FMCSA), the Transportation Department agency that regulates bus and truck safety...

New York?s Highest Court Clarifies No-Fault Law And Helps Automobile Accident Victims

Posted on October 28, 2013
The No-Fault Law is an absolute albatross around the necks of injured people and their attorneys in New York State, and has been so since its implementation in 1974. The basic purpose of the law when it was promulgated was twofold: to allow for the expeditious handling of automobile accident claims which were deemed to meet what is known as the ?no-fault threshold?, and second, to root out what was perceived to be fraudulent, non meritorious claims...

LA Jury Finds Concert Promoter Not Responsible For Michael Jackson?s Death

Posted on October 04, 2013
After five months of a grueling, hotly contested legal battle, on October 2, 2013, a Los Angeles jury, comprised of six men and six women, found concert promoter AEG not liable in the June, 2009 wrongful death of pop icon Michael Jackson. Katherine Jackson, the late pop singer?s mother, had sued AEG Live in 2010 in a multi-million dollar lawsuit...

US Department Of Transportation Sued Over Backup Cameras

Posted on September 26, 2013
This morning, the United States Department of Transportation (DOT) was sued by Public Citizen and several consumer advocate groups for a long standing delay in implementing a 5 year old law mandating the revision of rear visibility standards in new vehicles...

Tragic End To Motorcycle Season In The Hudson Valley

Posted on September 19, 2013
On September 15, 2013, there were two fatal motorcycle accidents in the Hudson Valley. On Bear Mountain Parkway in Cortlandt, 43 year old Christopher Ulacco of Wappingers Falls was killed while on a 2008 Suzuki after he apparently crossed the double yellow line and struck a GMC Acadia on Route 6 near Carhart Avenue...

Michael Jackson Wrongful Death Lawsuit Enters Final Stages

Posted on September 17, 2013
The wrongful death trial of Michael Jackson has been an extensive five month battle in an L.A. courtroom between Katherine Jackson, the mother of the late ?King of Pop?, and AEG Live, the concert promoter of Jackson?? ill fated ?This is It? tour which had been scheduled to commence in the summer of 2009 days after Jackson died of a Propofol overdose...

Significant Increase In Womens? Deaths From Painkiller Overdoses

Posted on July 25, 2013
A recent report in the New York Times focuses on the increasing problem of women dying from an overdose of prescription painkillers such as OxyContin, Percocet and Vicodin. The report highlighted a study that was conducted by the Centers for Disease Control (CDC) and concluded with data from 2010...

Family of Chappaqua Teen In Fatal MVA Fights Distracted Driving

Posted on June 04, 2013
In a story by Terence Corcoran in the May 20, 2013 edition of the Journal News, the family of Evan Lieberman, a 19 year old student at the University of Connecticut who was killed in a motor vehicle crash on June 16, 2011, has taken on the battle against distracted driving...

Westchester County Settles Playland Wrongful Death Claim

Posted on May 23, 2013
In a case we wrote about almost six years ago, Westchester County and the owner of the ?Mind Scrambler? ride at Playland have agreed to settle the wrongful death case of the late Gabriela Garin, a 21 year old Playland employee who was killed on June 29, 2007...

Family of Boogard Sues NHL For Wrongul Death

Posted on May 14, 2013
The New York Times reported this week that the family of Derek Boogard, the ex-New York Rangers and Minnesota Wild defenseman, has filed a wrongful death lawsuit against the NHL. The suit alleges, among its many claims, that the league failed to protect Boogard by allowing him to return too quickly to play after suffering numerous concussions, despite the league?s knowledge that repeated blows to the head can lead to chronic traumatic encephalopathy (CTE)...

Johnson and Johnson Loses First Defective Hip Implant Case

Posted on March 14, 2013
Last week, a Los Angeles County jury awarded 8.3 million dollars to retired Montana prison guard Loren Kransky for pain and suffering and medical expenses he suffered from a defective artificial hip implant manufactured by a division of Johnson & Johnson, which has since been recalled...

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