New York Injury Lawyers Blog

November 29, 2018

Amid Boom in Construction and Worker Accidents, NYC Construction Safety Law Is Ignored

Concerned over the growing rate of construction accidents, Mayor de Blasio and City Hall passed a new set of safety regulations on the construction industry last year. However, according to a news report this law is being ignored by the construction industry. As the rate of accidents and deaths in the construction industry reach a record high this year, safety advocates hope that the government steps up enforcement of the law or pursues further legislation to protect construction workers.

Under the safety legislation passed by the city, construction workers must undergo additional training – a 10-hour class should have been completed by March 1 of this year, with an additional 30-hours of safety training required by December 1. Upon completion of the training, construction workers will receive a “Site Safety Training” card that must be brought with them to their construction site each day. However, despite the city’s noble efforts to address a real problem in New York, injuries and deaths in the construction industry have only grown this year.

November 15, 2018

Marijuana Friendly States See Uptick in Car Crashes, Fatalities

by Gallivan & Gallivan

As America blazes its path towards marijuana legalization, federal agencies and traffic safety experts are worried that the full ramifications of legalizing the once-illicit drug remain unknown. The latest smoke signal that states should study the matter further came out last week when the federal government reported a 6 percent increase in highway crashes across states that legalized the drug. The previous study, which focused on the first three states to legalize the drug for recreational purposes, found a 5.2 percent increase in highway crashes.

Unlike alcohol, where a breathalyzer can easily and objectively determine whether a person is too intoxicated to drive, the push for an objective sobriety measurement for cannabis remains elusive. Currently, the police are able to perform a blood test and locate THC in the blood of the driver, however, because THC can stay in a person’s system for days or even weeks, the test lacks the ability to measure whether the driver was intoxicated while behind the wheel.

November 13, 2018

Jury Hands Life Sentence to “Butcher Surgeon” for Medical Malpractice

by Gallivan & Gallivan

A Texan surgeon is going to spend the rest of his life in prison because of his horrific incompetence on the operating table. The almost unbelievable case follows Doctor Christopher Duntsch who managed to maim 32 of his patients. Nicknamed by local newspapers as “Dr. Death,” the criminal conviction shows how a broken system allowed a deranged, drug-addled, and incompetent doctor to harm so many of his patients.

After studying medicine at the University of Tennessee Health Science Center, Duntsch moved to Dallas where he worked at Minimally Invasive Spine Institute, a $600,000-a-year job that only lasted a couple weeks. After leaving the institute, the deranged doctor moved to Baylor Regional Medical Center in Plano. Less than a year into his stint at the prestigious hospital, colleagues begin to describe surgeries gone horrifically wrong. Concerned about excessive blood loss, one surgeon told The Dallas Morning News that he grabbed Duntsch’s medical instruments to stop him from operating. Another doctor described one surgery as “pathetic on what should have been a fairly easy case.”

November 5, 2018

New York Indicts Doctors Who Prescribed Millions of Opiates

by Gallivan & Gallivan

New York charged five doctors for prescribing millions of unnecessary opiates to their patients. State prosecutors describe doctors who led their patients down the dark path of addiction, and in some cases even death, solely for personal profit. The criminal complaint against the five doctors, which lists several other co-conspirators, including a White Plains pharmacist, is part of a string of lawsuits meant to hold reckless doctors, pharmacies, and pharmaceutical companies responsible for the opioid epidemic that seems to only grow worse each year.

According to New York prosecutors, these five doctors’ malpractice was so brazen that addicts from across the Northeast came to their clinics. Carl Anderson, one of the indicted doctors, ran a pill mill in Staten Island with “lines at all hours of the night,” according to The New York Times. Many of the doctor’s patients died from overdoses, including two of Anderson’s employees. According to the indictment, the crooked doctor received millions of dollars for the oxycodone prescriptions he carelessly wrote to his patients. Another doctor, Dante Cubangbang, ran a pill mill in Queens that wrote an astounding 3.3 million opiate prescriptions over a three-year period, the highest in New York State. A Manhattan psychiatrist prescribed 600,000 oxycodone pills to just 200 patients, warning them not to fill their prescriptions at chain pharmacies to avoid scrutiny.

November 3, 2018

Maternal Mortality Rates Skyrocket Across Country

by Gallivan & Gallivan

Across the United States, women giving birth are now almost three times more likely to die than they were just three decades ago. In a new report published by the Centers for Disease Control and Prevention, the United States now leads the developed world in maternity mortality. Tragically, the majority of these deaths fall upon poor women and women of color. Perhaps even worse, the study shows that the majority of these deaths are completely preventable. With the increased attention on infant mortality rates in recent years, it appears medical professionals and researchers need to focus their efforts on improving the health of both the pregnant mother and the infant.

The wide-ranging report published by the government agency surveyed nine states to identify the characteristics and causes of maternal deaths, and consequently provide recommendations for reducing the nation’s shamefully high mortality rate. After collecting data from the states, the CDC reports that almost 60 percent of maternal deaths are preventable. The most common causes of death among all Americans were hemorrhaging, cardiovascular and coronary conditions, and infections.

November 2, 2018

After Tragic Limo Crash Kills 20 in New York, Sen. Schumer Demand More Regulations

by Gallivan & Gallivan

After a tragic limo crash killed 20 in upstate New York, Senator Chuck Schumer is renewing his call for stronger government regulations and oversight. Similar to other limousine offerings across the country, the Ford Expedition involved in the accident was modified into a limousine by cutting the SUV into two parts and then extended. Safety advocates have long warned that this process requires removing necessary safety features from the vehicle, including airbags and side rollover pillars, and imperils limo passengers. Now the cause of the deadliest traffic accident in a decade, according to The New York Times, transportation safety advocates and politicians are hoping their pleas for oversight will no longer remain unanswered.

According to New York politicians, the stretched Ford Expedition should not have been used on the night of the crash. The limo had repeatedly failed state inspections, including one just last month. The numerous violations included a faulty braking system, which had taken the twenty-passenger Ford Expedition off the road twice. Further, the driver of the limousine, Scott Lisinicchia, did not possess a valid license to operate the limo. Lisinicchia also died in the crash, which killed all seventeen passengers and two individuals parked on the side of the road. Authorities have charged the owner of the limo business with negligent homicide. The business owner pled not guilty and said the DOT deemed the limo roadworthy only a week before the crash and described the Lisinicchia as a “reliable employee” to CNN.

October 11, 2018

With Rise of Superbugs, Hospitals and Doctors Vow an Aggressive Response

by Gallivan & Gallivan

In response to an increase in superbugs, medical centers are taking an aggressive stance by implementing strict hygiene standards and educating patients about antibiotic resistance. Superbugs are bacterial infections resistant to medical treatment, such as antibiotics. A global increase in the number of antibiotic prescriptions coupled with a lack of new antibiotics produced in the last few decades created strains of bacteria resistant to antibiotics. According to the Centers for Disease Control and Prevention, superbugs (and antibiotic resistance, more generally) present one of the world’s “most pressing public health problems.”

Filled with infectious diseases and compromised immune systems, hospitals are a breeding ground for superbugs and their patients are uniquely susceptible. Thankfully, hospitals are stepping up and setting new standards to prevent the spread of infection. In an article by the Wall Street Journal, several hospitals detail new procedures meant to improve hygiene and stop germs from spreading. In addition to routine hand washing, medical staff at these hospitals also clean stethoscopes, blood pressure cuffs, IV poles and pumps, bed railings, and computer keyboards. Stethoscopes, in a surprise to hospital staff interviewed by the WSJ, usually carry the same number of germs as a doctor’s hands after just a single physical examination.

October 9, 2018

AAA: Drivers Too Reliant on Safety Technology

by Gallivan & Gallivan

Over the past decade, automakers have rapidly introduced new safety technology into their fleet of vehicles. The technology available only on high-end vehicles just five years ago – such as blind-spot monitoring, emergency braking, and lane-departure warning – is now becoming standard on new vehicles. These life-saving technologies, however, do have limits and, according to a new report by AAA, most drivers do not seem aware of these limits.

One example cited by the association is blind-spot monitoring. According to the report, a full 80 percent of drivers mistakenly believe that blind-spot monitoring systems detect cyclists, pedestrians, and fast-approaching vehicles better than current technology allows. Because of this mistaken belief, one-fourth drivers with blind-spot monitoring do not check their blind spot before changing lanes.

September 28, 2018

New York Sues Maker of OxyContin Drugs

by Gallivan & Gallivan

New York State joined a growing list of states this month when it sued Purdue, the maker of OxyContin, for the company’s role in creating the current opioid crisis. According to New York State, Purdue marketed the prescription pain medication as a more effective and less addictive solution to chronic pain – despite possessing evidence suggesting the opposite. The resulting crisis resulted in the death of 3,000 New Yorkers just last year. Overall, the Centers for Disease Control and Prevention estimates that opioids caused 49,000 Americans deaths nationwide.

According to the lawsuit filed by the New York State Attorney General Barbara Underwood, a statewide investigation found that Purdue’s deceptive marketing played an “important role” in the overprescribing of opioids. According to the Wall Street Journal, more than 75 percent of opioid-related deaths in New York were caused by prescription pain medication, including OxyContin. In other instances, many patients become addicted to opioids through a legitimate prescription and then “graduate” to heroin for its cheaper and stronger high. New York is suing for an unspecified amount and states the money will go towards funding rehabilitation and prevention programs, with Attorney General Underwood saying, “Our work won’t stop with this lawsuit.”

September 25, 2018

Westchester County Settles Lawsuit Over Bicyclist Death

by Gallivan & Gallivan

Westchester County agreed to pay over $3 million in a lawsuit over the 2015 death of a local bicyclist. The bicyclist, Robert Small, an orthopedic surgeon at White Plains Hospital, died after an accident on the North County Trailway. Small, an avid and competitive bicyclist, according to LoHud.com, lost consciousness after biking into a marked pothole. The Briarcliff Manor resident did not regain consciousness and died four days later.

Small’s wife sued Westchester County, alleging that by failing to fill the pothole in the bicycle trail Westchester County acted negligently and caused the death of her husband. Steve Schirm, a surgeon who did not previously know Small, rode his bicycle in front of Small on the day of the accident. In a deposition taking during the trial process, Schirm recalled hearing the doctor yell and turned around to see Small flip over the handlebars of his bike. With one leg still attached to the bike clips, Small then landed head-first onto the ground. Though he was wearing a helmet, Small landed on his forehead.