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Personal Injury Law

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

Toughen the Federal Worker-Safety Law: Make It a Crime

Posted on June 02, 2008
Although it is certainly too early to cast blame, if any, for this past Friday’s fatal crane collapse on the East Side, with the Manhattan district attorney?s office having opened a criminal investigation into the collapse, the death and injuries sustained in the accident is perhaps just the lastest example of why the Occupational Safety [...

The Crane Brethren

Posted on May 31, 2008
Yesterday our office received a call from a client involved in the March 15, 2008, collapse of a crane at a construction project on East 51st Street in Manhattan. The news that another crane had collapsed when the top of the crane on an East 91st Street construction site had snapped off, crashed into a [...

Direct to Consumer Advertising of Cypher Stent Draws Heavy Criticism and Points to Need for Legislation

Posted on May 28, 2008
For several years the U.S. Food and Drug Administration has been reviewing a set of guidelines proposed in 2004 for advertising medical devices. Now, a television advertisement for a heart stent, metal mesh devices that are used to prop open arteries after they have been cleared of blockages, has been scrutinized and attacked in an [...

The Dangers of ACL Tears to Female Athletes and to Children

Posted on May 26, 2008
There are an increasing number of girls playing sports, such as soccer and basketball, but with this growing statistic comes an increase in the number of girls and young women sustaining sports related injuries such as anterior cruciate ligament (ACL) knee tears...

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Governor Paterson Busy Protecting Citizens from Harmful Doctors, Drugs, Toys and Sexual Predators - Part 2

Posted on May 22, 2008
Part 2 of this topic discusses new legislation regarding dangerous drugs, defective toys and sexual predators using the internet to prowl and prey. The information herein is set forth in press releases issued by the governor’s office. Proposed legislation designed to protect patients from medical malpractice was discussed in Part 1 of this blog.

Governor Paterson Busy Protecting Citizens from Harmful Doctors, Drugs, Toys and Sexual Predators - Part 1

Posted on May 20, 2008
Last week was a busy week for New York’s Governor David A. Paterson on issues often written about in this blog - medical malpractice, dangerous drugs, defective toys and sexual predators using the internet. Some bills were signed, others introduced...

Encouraging News? Congress Prepares to Undo Anticipated Supreme Court Decision Precluding Lawsuits Over Dangerous Drugs

Posted on May 16, 2008
In the event that the Supreme Court applies the federal doctrine of preemption to permit the pharmaceutical industry to avoid accountability for the harm dangerous drugs cause, the only remedy would be for Congress to pass a law expressly stating that preemption does not preclude state court lawsuits for compensation...

Seemingly Never-Ending String of High School Lunch-Time Car Accidents Fuels Debate Over Open Campuses

Posted on May 14, 2008
A fatal car accident involving students driving off of school grounds during lunch period has again focused attention on whether ?open campuses? are a concept that should be ended. Following a crash on April 10, 2008 in which two West Hempstead High School students were killed and another seriously injured, New York State Assemblyman Michael [...

Toy Industry Announces ?Safety Coordination Initiative? in Response to Unprecedented Recalls of Dangerous Products

Posted on May 11, 2008
In response to toy safety concerns raised during the summer of 2007 and the record number of unsafe toys recalled last year (and doubtlessly a number of product liability lawsuits), the U.S. Toy Industry Association (TIA) and the American National Standards Institute (ANSI) have formed the Toy Safety Coordination Initiative, a developing program that is [...

Propaganda in ?Health News?: An Epidemic of Fake Health Stories

Posted on May 08, 2008
A feature article in the March/April 2007 issue of the Columbia Journalism Review discusses and labels as an ?epidemic? the pervasive role hospitals play in producing and feeding stories that are essentially advertisements for themselves to television stations that run the stories as purported ?health news? on their local TV news programs...

New York City Holds 4th Annual Construction Safety Week

Posted on May 05, 2008
Last week, April 28 - May 2, 2008, was New York City?s 4th annual Construction Safety Week, the purpose of which is to “advance safe construction practices?. Seminars were offered in topics such as ?Scaffold Safety: Keeping Workers Safe on the Job?, (held by the NYC Department of Buildings in conjunction with the Latin American [...

Possible Medical Malpractice LASIK Cases? FDA Advisers Recommend Clearer Warnings of Risks and Contraindications For Would-Be Patients

Posted on May 01, 2008
The U.S. Food and Drug Administration’s Ophthalmic Devices Panel convened last Friday to discuss post-LASIK (laser-assisted in situ keratomileusis) quality-of-life issues. Of the 7.6 million people who have undergone the procedure in the United States since the mid-1990s, 140 have written letters of complaint to the FDA...

National Highway Traffic Safety Administration Seeks to Increase Dealer Compliance with Required Tire Registration

Posted on April 28, 2008
It has been the law for years that when a purchaser/lessor of a vehicle with new tires takes possession of the vehicle that the dealer must provide a tire registration card to the purchaser/lessor and instruct the purchaser/lessor to mail the registration card to the tire manufacturer...

Now You Can Receive Alerts of Recalls of Tires and Child Car Seats By E-mail or On Your Personalized Homepage

Posted on April 24, 2008
Consumers can now sign up with the National Highway Traffic Safety Administration (NHTSA) to receive automatic e-mail alerts when there is a government recall of defective tires or child restraint safety seats. Before this alert system, consumers had to rely on press reports or, if they filled in and then mailed the registration card when [...

Exposure of Vioxx “Ghostwriting” Another Example of How Litigation Can Benefit Society (and Why Big Business/Pharma Fears It)

Posted on April 21, 2008
Product liability litigation involving rofecoxib (Vioxx) has led to the disclosure of materials that has provided direct evidence of something that has long been suspected but well-hidden by industry; the manipulation by for-profit manufacturers of pharmaceuticals and medical devices of study results, using authors, editors, and reviewers to misrepresent research data and manipulate clinical research [...

Medicare Proposes Adding to Its List of Hospital-Acquired Conditions For Which It Will Not Pay the Extra Costs

Posted on April 17, 2008
The Centers for Medicare and Medicaid Services (CMS) is proposing to add an additional nine categories to its initial list of 8 ?conditions that could reasonably have been prevented.? that Medicare will no longer pay the extra costs of treating when acquired in the hospital ...

Construction Accidents: What’s Up With the Cranes?

Posted on April 14, 2008
Apparently it’s not sufficient that an inspector makes a phantom inspection of a Manhattan construction site crane that subsequently collapses, killing 7 people, injuring another 24 people, destroying a building, and causing untold other horrors...

First Nationwide Hospital-By-Hospital Survey Of Patient Satisfaction Released: Results Not Flattering for Long Island Hospitals

Posted on April 13, 2008
For the first time, the federal Centers for Medicare & Medicaid Services has posted consumer survey information on its Hospital Compare Web site (www.hospitalcompare.hhs.gov) that attempts to capture the experiences of a patients in a hospital. It is a unique attempt by the government to evaluate hospital care from the perspective of the patient...

FDA Triples The Number Of Deaths It Attributes To Side Effects Of Heparin

Posted on April 09, 2008
The Food and Drug Administration yesterday raised from 19 to 62 its estimate of the number of people who may have died after suffering allergic reactions or hypotension to contaminated Chinese-produced batches of the blood thinner heparin.� Last month the FDA determined that Baxter Healthcare Corporation’s drug was contaminated with an unnatural chemical during production [...

Taking Mirapex or Requip for Restless Leg Syndrome? Beware of “Disease Mongering”

Posted on April 07, 2008
“Disease mongering” is a term coined by some drug-marketing critics to describe what they view as an effort by pharmaceutical companies to enlarge the market for a drug by convincing people that they are suffering from something that can be medically treated and encouraging them to ask their doctor to prescribe the drug in order [...

NYC Construction Site Crane Accident Puts Increased Attention on the City’s Buiding Department Inspection System

Posted on April 04, 2008
In developments related to the March 16, 2008, crane collapse in New York City, a city inspector has been charged with lying that he had checked on the construction crane when in fact he had not. The inspection was purportedly made in response to a complaint made by a retired contractor on March 4 because [...

Concerns Over Danger to Children and Others From Synthetic Turf Fields Escalate

Posted on April 01, 2008
This year’s LandTek FieldTurf convention, held last month at a hotel in Huntington, Long Island, New York, was dedicated to addressing recent worries that the filling material, composed of ground up tires, could eventually expose athletes to life-threatening illness...

New York “Passenger Bill of Rights” Struck Down by Federal Appeals Court

Posted on March 29, 2008
A federal appeals court this past Tuesday struck down New York’s so-called ?Passenger Bill of Rights,? which requires airlines to provide food, water, working toilet facilities and fresh air to passengers stuck on the ground for more than three hours...

Jane Jarvis, Former Mets Organist, Displaced by NYC Crane Accident; She Had Seen Crane Swaying in the Wind (and other Mets nostalgia)

Posted on March 27, 2008
The 146-ton crane that collapsed in New York City this past March 15, forced 300 apartments to be evacuated. One of the people displaced by the collapse is Jane Jarvis, who played the organ for the New York Mets at Shea Stadium from 1964 through 1979...

Doctors Successfully Repel Aetna?s Unwarranted Intrusion Into How They Perform Colonoscopies

Posted on March 24, 2008
After coming under attack from doctors, Aetna has withdrawn its intention, announced late last year, that in New Jersey, effective April 1, 2008, it would drop its coverage of propofol, the anesthesia typically used during colonoscopies, calling the same ?medically unnecessary...

Ensuring Every American Access to Broadband Is Essential For the Nation’s Health Care, Says Congress

Posted on March 21, 2008
Ensuring that every American has access to broadband throughout the country has been declared to be an essential health care imperative by the Joint Advisory Committee on Communications Capabilities of Emergency Medical and Public Health Care Facilities in a recently released report...

Will Congress Pass First Major Consumer Product Legislation in 18 Years?

Posted on March 19, 2008
Recent U.S. Senate approval, by a vote of 79 to 13, of a measure to overhaul the country?s consumer product laws and strengthen the Consumer Product Safety Commission that oversees the marketplace, moved Congress closer to passing the first major legislation in 18 years regulating dangerous products...

More Details Emerge About Crane Accident at Construction Site

Posted on March 17, 2008
With the recovery of three more bodies, seven people - six construction workers and a woman visiting for St. Patrick’s Day - were killed in Saturday’s crane collapse on East 51st Street in Manhattan.� A preliminary city investigation found that the crane toppled after a steel collar used to tie it to the side of [...

Construction Safety at Issue: Crane Accident Yesterday Kills 4 and Injures over 12; Deutsche Bank Tower Contractors Fined $464K and Issued 44 Citations for Fatal Fire

Posted on March 16, 2008
Just weeks after federal safety regulators proposed fining two contractors hired to demolish the condemned ground zero skyscraper Deutsche Bank tower $464,500 and accused them of a total of 44 safety hazards at the building in connection with a fire at the building on August 18, 2007, in which two firefighters died , yesterday at [...

Import Surveillance Division Established to Inspect Toys and Other Products for Potential Safety Hazards and Liabilities

Posted on March 12, 2008
29 million toys were recalled in 2007. �This unfortunate and scary trend has continued in 2008.�� Since the beginning of this year, at least 19 products manufactured overseas have been voluntarily recalled by manufacturers in conjunction with the Consumer Product Safety Commission (CPSC) due to high lead levels, choking and aspiration problems in infants and [...

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