Bodily Injury

August 11, 2018

August 2 Marks Deadliest Day for Car Wrecks in America

According to the National Institute of Highway Safety, August 2 is the most lethal day for driving a car in America – with 505 deaths on the day just between 2012 and 2016. As the most common cause of death in America, car accidents tend to peak in the summer, with three of the five most dangerous days occurring during the warmer weather months. Perhaps surprisingly, Thursday 8/2 is the deadliest day of the week to be driving.

The summer is “prime vacation time,” according to Bloomberg, which reported on the federal government’s study. The first week of August, especially, is the most common time for a family to take a road trip in America. According to the researchers, the increase in travelers on the road is essentially the sole cause of the higher accident rate in August. Anecdotal evidence also shows that “driving habits” tend to be more erratic in the summer months – with no icy, dark roads to fear. Other data indicating that August is the most dangerous month for American drivers? According to Nationwide Mutual Insurance, more motorists report claims in August than in any other month.

August 7, 2018

Speed Cameras in New York School Zones Program Ends

by Gallivan & Gallivan

Amid a steady decline in pedestrian deaths, New York lawmakers will allow a law allowing speed cameras in school zones to expire this week. According to Mayor de Blasio, traffic deaths have decreased 55 percent in school zones equipped with cameras. Despite its effectiveness and relatively low cost, the Republican-led state Senate refused to renew the program while in session, despite its passing the Democratic-controlled state Assembly

Originally part of Mayor de Blasio’s “Vision Zero,” the cameras originally went up across the city in 2014. Since that time, over 140 schools have been equipped with speed cameras across the five boroughs, according to NY1. Hoping the Senate would be recalled from recess to extend the deadline before it reconvenes in January, Mayor de Blasio accused the state legislators of “effectively legalizing deadly driving in New York City school zones,” and failing to “protect New Yorkers.”

July 25, 2018

Falls Are Second Most Common Cause of Death for American Workers

by Gallivan & Gallivan

A new study released by the American Journal of Industrial Medicine showed that falls remain the second leading cause of death for workers across the country. The study showed that falls represented 14 percent of all workplace fatalities in the United States during an 11-year period between 2003 and 2014. Workers with the highest rates of fatal falls were employed in the construction industry, representing 42.2 percent of all fatalities, and installation, maintenance, and repair, representing 12.5 percent of all workplace fatalities caused by falls.

Overall, a total of 8,800 workers died in America as the result of a fall during this 11-year period. The falls were further divided into the “length of the fall” and, unsurprisingly, workers that fell a single story or more were more likely to die as a result – with 84.7 percent of all worker deaths caused by a fall of “more than one level.” For workers that fell, but not a full story or level, only 12.7 percent of workers died. The remaining 2.6 percent passed away from “all other types of falls.”

July 23, 2018

In New York City, Traffic Deaths Continue to Decline

by Gallivan & Gallivan

Following a five-year pattern, New York’s traffic deaths continued to decline during the first six months of the year. From January to June, a total of 81 traffic fatalities occurred throughout the five boroughs. With the exception of motorcycle fatalities, all other traffic fatalities saw a decrease compared to the immediately preceding year. The continued decline is largely attributed to Mayor de Blasio’s “Vision Zero” campaign which aims to reduce vehicular deaths and pedestrian deaths to zero.

Across the city, vehicular deaths have decreased a full 30 percent since 2013. For pedestrian deaths, the decline is even steeper – at a full 45 percent compared to five years ago. According to The New York Times, pedestrian deaths are the lowest since at least 1910, when the city began keeping record of the fatalities.

May 21, 2018

NYT: Seeking Profit, Doctors Lure Patients into Unnecessary Surgeries

by Gallivan & Gallivan

Doctors and legal financing companies are pushing women into receiving unnecessary surgeries in a brazen attempt to win legal settlements, according to the New York Times. The article focuses on women who have received vaginal mesh implants – a medical procedure fraught with problems for some women. In the illuminating piece, women with these implants are contacted by legal financing companies, which offer high-interest rate loans to finance removal of the implant. In the end, the women typically receive an unnecessary, and sometimes unsafe, medical procedure that they are then forced to pay for over time, with a high-interest rate attached.

The article describes the process as follows: Women with vaginal mesh implants are contacted by a legal financing company. The women, who may or may not have any side effects from the device, are warned of impending doom – in one instance described by The Times, a company representative told the woman that her life was in danger. These women, understandably alarmed, are then told that doctors can remove the implant and the women can even receive part of any legal settlement from the supposedly malfunctioning device.

April 21, 2018

Marijuana Linked to Increase in Fatal Car Accidents

by Gallivan & Gallivan

A recent study suggests that marijuana use may cause fatal car accidents. The study, released by JAMA Internal Medicine, found there were more fatalities and car accidents on April 20, a “holiday” of sorts for cannabis enthusiasts, compared to the same period of time a week beforehand and a week afterward. This study comes on the heels of an increasing push by legislators and public policy experts to determine the effects of marijuana on driving habits, and consequently, to establish an objective standard for measuring intoxication by the drug.

To measure the effect of marijuana on car accidents, the researchers gathered data on car accidents on April 13, April 20, and April 27. April 20 is widely “celebrated” by marijuana users, and 4:20 PM on that day is traditionally regarded as a time to imbibe on the once-illicit drug. Consequently, researchers looked at the number of car accidents between 4:20 PM and midnight on April 20 and compared the results to the statistics during the same time period a week earlier and a week later. The researchers compared the data over a 25-year period and in several different locations throughout the country. The results showed a 12 percent overall increase in fatal accidents between 4:20 PM and midnight on April 20. Further, the increase in car accidents was particularly notable in drivers under the age of 20. New York, along with Texas and Georgia, saw the sharpest increase in fatal car accidents on April 20.

April 18, 2018

With Five Killed in Helicopter Crash, Safety Harnesses Became “Death Trap”

by Gallivan & Gallivan

After a helicopter crashed into the East River last month and killed five passengers, the victims’ families and politicians are looking for answers to how the tragic accident occurred. The deadly helicopter crash was part of a photo tour of New York City’s skyline, an increasingly popular tourist activity. Like most other scenic tours of Manhattan, the helicopter had its doors removed. As a consequence, the helicopter’s occupants used a unique safety system involving a snug harness that was tethered to the interior of the chopper. While this prevents the tour’s patrons from falling out of the helicopter mid-flight, it can also create a tragic disaster in the event of a helicopter crash because the harness, in the words of one of the victim’s family, becomes a “death trap.”

According to the New York Times, the helicopter’s engine began to fail near Midtown Manhattan. The pilot said he immediately told all five passengers to return to their seats – all of whom were apparently free to walk around because their harnesses were tethered to the helicopter. According to the pilot, one of the passengers was taking a photograph while dangling off the side of the helicopter, a so-called “shoe selfie”, when the engine lights began to indicate danger. On its website, the helicopter tour company, FlyNYON, advertises “dangling your feet for a #shoeselfie.”

March 23, 2018

Queens Mom Sues NYC Alleging Missing Stop Sign Caused her Son’s Crash

by Gallivan & Gallivan

A Queens mom has sued New York City for a missing stop sign that caused the Uber she was riding in to crash, injuring herself and her one-month-old son. The mother, Oddeth Davidson, was traveling with her infant son, Kaiden Brown, in a ride-share vehicle when another car T-boned the Uber in Cambria Heights at the intersection of 225^th street and 120^th Avenue on January 11, according to the New York Post. According to the lawsuit, the Department of Transportation’s negligence in failing to replace the stop sign, which had allegedly been missing for several months, caused the accident and should, therefore, be responsible for the damages.

In total, Davidson is suing for $45 million in damages – $30 million for her child’s injuries, $10 million for her own injuries, and $5 million for the anticipated costs of caring for her brain-damaged child. The car accident left the young infant with traumatic brain injuries, seizure disorder, and a neck injury from the crash, according to the New York Post. “He is under the care of a neurosurgeon and a pediatric neurologist. This could be catastrophic and affect him for the rest of his life,” Davidson said of her infant child.

March 14, 2018

Family of Son Killed in Drunken Cop’s Car Crash Sues Former Cop and Local Bars

by Gallivan & Gallivan

The family of Isaac Ward, the 27-year-old man killed in a drunken car crash by a New Rochelle police officer, filed a lawsuit against the cop and the three bars that over-serving the police officer in January 2017. Penelope Ward, Isaac Ward’s mother, said the police officer, Harry Kyreakede, and three local bars – Brazen Fox, Brother Jimmy’s BBQ in White Plains, and Celtic Corner in Dobbs Ferry – should be held responsible for the death of her child because of their “negligence, recklessness, and carelessness.”

Kyreakede was sentenced last year to two-and-a-half to seven years in prison for driving while under the influence last month. A full two hours after the car crash, Kyreakede blood alcohol content, or BAC, was 0.20 percent – more than two times the legal limit of 0.08 percent in New York state. Continue reading

March 10, 2018

Lawsuit: Port Authority Secretly Recorded Medical Exams

by Gallivan & Gallivan

A Port Authority employee filed a lawsuit alleging that she was secretly videotaped during a medical exam. The employee, Charlene Talarico, said the incident happened during an exam in August 2016. Talarico is suing for unspecified damages, according to the lawsuit filed in a Manhattan federal court last week. Alleging emotional distress, pain and suffering, and other unspecified damages, Talarico is also asking the court to certify a class action on behalf of approximately 8,000 employees whose medical exams may also have been secretly recorded. According to the lawsuit, the Port Authority of New York and New Jersey covertly records employees receiving medical care at all of its facilities.

Talarico, a senior administrative secretary, claims she was recorded without her permission while having her hand examined at the Port Authority’s medical office on Park Avenue. While Talarico remained clothed for the entire exam period, the examination area had the same “privacy curtain” typically used in hospitals and doctor offices. Therefore, it is likely the video cameras set up in the examination areas also caught other patients while they were undressed. If Talarico’s allegations are true, the covert video recording would be a violation of the United States and New York constitutions – specifically, the federal healthcare privacy laws and freedom from unreasonable search and seizure, according to the lawsuit. Continue reading