New York Injury Lawyers Blog

The family of Anthony Leone, a 63 year-old retiree collecting disability benefits, recovered $2 million in a settlement of a Brooklyn (NYC) medical malpractice lawsuit against his doctor and a hospital. Anthony Leone died in June 2006, about 2.5 years after a New York Methodist Hospital radiologist detected a suspicious mass in an X-ray.

Leone and his doctor were never informed of the result, and Leone's cancer was not diagnosed until July 2005. The hospital blamed Leone's doctor, contending that the doctor was aware of the X-ray but ignored the test's films after a preliminary reading indicated no problem. A trial resulted in liability for both defendants and a verdict of $4,194,000, but the parties negotiated the post-trial settlement soon thereafter.

Resource:

Verdictsearch, March 11, 2010.

Amir Zeqiri, 17, a Central Islip, NY resident, drowned in a bizarre incident. The tragedy occurred when the teenage employee went behind the Smithtown, NY Dunkin' Donuts to empty the garbage and fell into the open cesspool. After not returning to work, Zeqiri's younger cousin when out to investigate and noticed the boy flailing around in 8 feet of filthy water. He ran for help. Upon returning the boy had slipped beneath the surface.

Amir Zeqiri was fished out the filthy cesspool and rushed to the nearest hospital where he later died.

Dunkin' Donuts and its employees expressed condolences for the boy's tragic death. The hole Zeqiri reportedly fell into was not covered with a manhole. A personal injury and/or wrongful death may be initiated against the entity charged with the duty of maintaining the premises.

Website Resource:

Teen dies after falling into open cesspool outside of Long Island Dunkin' Donuts, Daily News, Corky Siemaszko, March 1, 2010.

An SUV driven by a 72 year-old NYC churchgoer was involved in a car accident that killed one and injured four Sunday, March 8, 2010, in Brooklyn. The accident occurred in the Gravesend Section in a park by the AHN Presbyterian Church.

40-year-old, Sung Won Cho, reportedly died of her injuries at the scene. Cho, the owner of a Manhattan nail salon, is survived by a husband and two sons, aged 8 and 10. Witnesses said the boys may have seen the accident.

The four people injured by the Mercedes SUV have been identified as two women, a 10-year-old girl and a 15-month old boy. All were transported to a nearby hospital for treatment of their injuries. Police report that their injuries are not life-threatening.

The identity of the driver has not been released.

Website Resource:

Car Mows Down Five in Brooklyn Church Parking Lot, 1010 Wins, Sonia Rincon, March 9, 2010.

The family of a 6-year boy who was struck in the head by an oxygen tank causing his death at Westchester Medical Center has reached a settlement of $2.9 million in a medical malpractice and wrongful death lawsuit.

The horrifying incident happened when a hospital staffer brought an oxygen canister into the MRI's magnetic field while the 6-year old, Michael Colombini, was lying in the MRI chamber. The machine's powerful magnet sent the metal oxygen tank flying into the chamber. The tank struck the boy in the head. He died two days later.

Michael Colombini had a benign brain tumor successfully removed at Westchester Medical Center and returned July 27, 2001 for a follow-up MRI. The boy was sedated and inside the MRI machine when a problem with the supply of piped-in oxygen to the MRI room occurred. An anesthesiologist called out to obtain oxygen, and oxygen tank was brought into the room. A NYS investigation concluded that the anesthesiologist brought the tank into the room, while the hospital internal investigation found that either a nurse or doctor brought the tank in.

A week after the accident, then president of Westchester Medical Center, Edward Stolzenberg, said the hospital "failed miserably" and he felt an "overwhelming sense of guilt."

The family's initial lawsuit included General Electric Corp., which manufactured the MRI machine and several individuals involved with the accident.

The settlement will be paid entirely by Westchester Medical Center. Neither the family nor Westchester Medical commented on the settlement.

Website Resource:

Croton family settles with Westchester Medical Center over 2001 death of boy, 6, Journal News, Gary Stern, February 6, 2009.

Mother of two, Julie Stratton, was killed last month when a big rig hit her disabled car in Buffalo, NY. Authorities now believe that truck driver, Thomas Wallace of Brook Park, Ohio, collided with the 33-year-old woman's car because he was watching pornographic material as he drove.

The 45-year-old truck driver is being held in the Genesee County Jail in Buffalo, NY and is charged with 2nd degree manslaughter. Authorities also believe that Wallace violated Federal-trucking rules by sleeping no more than 4 of the 27 hours before the crash occurred.

Straton's car was pulled over to the side of the road because she had hit a deer and stopped to call 911 for assistance.

Website Resources:

Police: Trucker viewed porn before fatal NY crash, Washington Post, January 27, 2010.

A New York trucking accident took the life of 31-year-old Jill E. Mattice, a 6 1/2-year veteran of the Oneonta State Police. Officer Mattice was pronounced dead at the scene after colliding with a tractor-trailer.

The truck was driven by 33 year old F.M. Saggese of West Oneonta. The investigation into the crash remains open.

Website Resources:

State Trooper killed in collision with truck, WKTV, January 20, 2010.

The number of New York construction accidents and injuries are on the rise; however, the number of overall fatalities has dropped.

In 2009 the number of accidents jumped to the total of 224 from 2008 's reported 151. The number of injuries stemming from these accidents also rose from 178 to 246. The New York Buildings Department believes the increased number can be attributed to better reporting by contractors.

Overall, however, the number of fatalities fell by 18 percent. New York City experienced 19 construction-related deaths in the year of 2008. The number dropped to only 3 in 2009. Two of the deaths occurred in Manhattan and Brooklyn when two construction workers fell. Both had failed to properly secure required safety harnesses. The third death happened in Staten Island when a concrete wall collapsed on a worker.

The city has revised its construction codes for the first time in forty years in an effort to make sites more secure.

Website Resources:

Construction fatalities drop in 2009, as a decade-long building boom ends, Daily News, Brian Kates, January 7, 2010.

According to a Journal News report of January 1, 2010, the cause of death of young Bronxville girl, Mihoko Fukuzawa, is still unknown. However, officials believe that she may have accidentally slipped on a slushy, icy patch of sidewalk and fallen on a rock in front of the Christ Church in Bronxville on Dec. 23, 2009. Authorities, who have not officially ruled out foul play, suspect that the Bronxville teen fell onto the rock that was lying to the left of her path as she was walking to mail a Christmas card on Sagamore Road. The rock measured about a foot high and a couple of feet wide.

The Westchester Medical Examiner notes that Fukuzawa suffered a lacerated liver caused by blunt force trauma. It is plausible that the injury occurred when her midsection slammed into the rock. A funeral was held for the girl on Wednesday.

Continue reading "White Plains Accident Lawyer Report: Bronxville Girl May Have Slipped & Fallen On Ice/Slush" »

Peter Duah, a 40 year old intoxicated Bronx (NYC) motorist, caused multiple car accidents Monday, December 28, 2009. Duah's actions resulted in multiple injuries and the death of a 65 year old Yonkers man. Duah now faces felony charges.

The first incident occurred in the Bronx at the intersection of Gun Hill and White Plains roads when Duah hit an unmarked police car from behind and a second vehicle at a red light. Both officers and the other motorist complained of back and neck pain and were treated at Jacobi Medical Center.

Moments later Duah's car approached another intersection at McLean and Central Park Avenues in Yonkers. Here Duah's vehicle collided with the Hyundai of a Yonker's couple at 11:45 pm. The male driver died and the 63 year old female was taken away on a stretcher to a local hospital. Duah was not injured.

Duah's charge has been upgraded from a misdemeanor driving while intoxicated to a felony vehicular manslaughter.

Website Resources:

Charges upgraded in fatal Yonkers crash, Journal News, Leslie Korngold, December 29, 2009.

Suejas Estrada, a 30 year-old Bronx (NYC) dispatcher for a car service, died in a car accident on the Bruckner Expressway at approximately 1 pm Friday, December 4, 2009. She was reportedly on her way to pick up a present for her husband's birthday.

Mrs. Estrada was tragically thrown from her SUV in the three-vehicle accident. After being catapulted through her windshield, she fell 40 feet from the Bruckner Expressway near Amtrak train tracks in Hunts Point.

Tom Brokaw, formerly of NBC News, was driving the third vehicle involved in the crash. His driving was reportedly not the cause of the accident.

Estrada was reportedly speeding and swerved to avoid debris in the northbound lanes. She subsequently lost control of her vehicle, which caused the driver of a mail truck in the middle lane to collide with the median. Brokaw slid into the Postal Service vehicle that had crossed the median.

The driver of the Postal Service vehicle was taken to a nearby hospital for treatment of his injuries. Neither Brokaw nor his wife were injured in the accident.

Website Resources:

Tom Brokaw, wife involved in tragic Bronx car accident that left one woman dead, Daily News, Michael Jaccarino, Kevin Deutsch, and Will Cruz, December 4, 2009.

An elderly couple from Staten Island was the victim of a hit and run driver. Peter Sabados, 78, and Lillian Sabados, 77, were struck by a white van as they walked to evening mass carrying canned goods for the Thanksgiving food drive. The van was driven by Allmar Lekperic, 26, who fled the scene and later ditched the vehicle. He also had his sister help him mislead investigators.

The accident occurred on New Drop Lane at Third Street. Many people in the community have had concerns about this crossway for sometime. In fact, church officials claim to have had a meeting with the Department of Transportation on the same day that the hit and run occurred. DOT officials were not able to confirm this meeting.

Lekprec later turned himself in to authorities. He is charged with leaving the scene of an accident with fatalities and driving with a suspended license.

Website Resources:

Couple killed in Staten Island 'hit-run', NY Post, RICH CALDER, LARRY CELONA and LEONARD GREENE, November 27, 2009.

The estate of a 55 year-old single mother with four children settled a trucking accident case involving a tractor-trailor for $125,000 In Queens County, NY. The plaintiff died instantly after being struck by the tractor-trailer. Plaintiff's estate claimed that she had completed turning after stopping at a stop sign. The defendant tractor-trailer contended that the decedent suddenly drove into his path, thereby making the crash unavoidable.

Plaintiff's engineer argued that the markings in the roadway indicated that the plaintiff-decedent had already completed her turn and that the defendant should have been able to avoid the accident. The plaintiff-decedent died instantly. No evidence of pain and suffering would have been offered had the case proceeded to trial. The case settled pre-trial for $125,000.

Jacobi Medical Center, a hospital located in Bronx, NY, recently settled a medical malpractice and wrongful death case for $4.5 million. The case involved a 28 year-old woman, Sherille Rankin, who died 10 days after undergoing bariatric surgery. The lawsuit was commenced on behalf of the 28 year-old's family, including her four young children.

Under the EPTL in New York, the personal representative of an estate has the right to sue for "pecuniary loss" on behalf of the distributees in wrongful death cases. Pecuniary loss includes lost earnings, loss of support, voluntary assistance, and possible inheritance. In order to calculate such damages, New York courts have held that age/life expectancy and work habits and history of the decedent should be considered.

Rankin underwent a Roux-en-Y procedure, which is commonly referred to as "stomach stapling." Unfortunately, a leak occurred near the stapled area and lead to sepsis, a complication that proved deadly. Her estate alleged that physicians at the Bronx facility failed to detect the leak and subsequent infection for seven days.

The New York Medical Malpractice Attorneys at Gallivan & Gallivan have represented victims of medical malpractice and wrongful death for over forty years. For a sampling of results we have achieved for our clients, please click here. For a free consultation, please contact us at one of our three conveniently located offices in the NY area.

A 22 year-old Mamaroneck, NY resident, Seth Kahn, died from injuries suffered when he was struck by a New York City bus last week. The bus was reportedly turning left onto Ninth Avenue from 53rd Street. Kahn was crossing Ninth Avenue at the time of the accident.

Authorities believe that the bus had a green light and Kahn was crossing with a walk signal. However, the bus driver, Jeremy Philhower, was issued a summons by the NYPD for failing to yield to a pedestrian. Reports also indicate that Mr. Philhower had just recently returned to work from a suspension for text messaging while driving the bus.

The New York Bus Accident Attorneys of Gallivan & Gallivan provide effective representation to individuals injured in bus accidents or car accidents. Please contact us for a free consultation at one of our three conveniently located offices.

Website Resource:

NYC bus driver to get summons in death of Mamaroneck grad, Journal News, Aman Alli, November 13, 2009.

Bronx resident, Leandra Rosado, an 11 year-old student at a Public School in Chelsea died in a car accident on the Henry Hudson Parkway last week. The driver, a friend's mother, was driving seven girls to her home in the Bronx for a sleepover. The mother, 32 year-old Carmen Huertas, has been charged with vehicular manslaughter and drunken driving. The accident reportedly occurred at approximately 1 a.m. on October 10, 2009 when Huertas lost control of the vehicle and it flipped near West 96th Street.

The driver and the other 6 teenage girls suffered injuries that were not considered life-threatening. However, Leandra was pronounced dead at St. Luke's-Roosevelt Hospital Center later that morning.

This tragic accident demonstrates the dangers of driving while under the influence of drugs or alcohol. At Gallivan & Gallivan, we seek compensation for those injured in car accidents due to the negligence or recklessness of others. Please contact us for a free consultation if you or a loved one has suffered an injury due to the negligent or reckless driving of another.

Website Resources:

Bronx Woman Is Charged in Crash That Killed Girl, 11, New York Times, Simon Akam and Colin Moynihan, October 11, 2009.