New York Injury Lawyers Blog

September 28, 2019

NYT: How One Doctor Killed 25 Patients

by Law Offices of Thomas L. Gallivan, PLLC

An investigation by The New York Times into Dr. William Hussel, currently accused of killing at least 25 of his patients, reveals glaring missteps by hospital administrators and nurses. According to the criminal complaint against the disgraced doctor, Dr. Hussel routinely administered opioid doses between five and 20 times the recommended amount at the intensive care unit he worked at in Ohio. Given the scope of his alleged crimes, the families who trusted the doctor only to find out that he killed their loved one are outraged and demanding answers. Mount Carmel, the hospital where the doctor is accused of killing his patients, has already paid out more than $13 million in legal settlements.

The investigation by The New York Times shows a hospital with an ineffective administration, insufficient safeguards to prevent prescribing excessive doses, and a hospital staff either too charmed or too intimidated to second-guess the doctors. According to the article, the “red flags” surrounding Dr. Hussel were apparent and ignored from the start of his tenure at the hospital. As a medical student, he pleaded guilty to creating a pipe bomb, which he originally planned on putting underneath the vehicle of another student who told the police he was stealing car stereos. The hospital said they had no knowledge of the criminal incident – even though it was reported to the medical board and available in the public record.

September 14, 2019

New York City Stalls as More Bikers Injure Pedestrians

by Law Offices of Thomas L. Gallivan, PLLC

The number of pedestrians injured by bicyclists in New York City increased 12 this year, according to the NYPD. In a summer with bicycle accidents dominating headlines, public safety advocates are now sounding the alarm bells for pedestrians. In a recent opinion-editorial published by The New York Post, the author argues that the two problems are both related to each other and caused by, among other factors, a bicycle culture that disregards traffic laws and safety.

According to the newspaper, Mayor Bill de Blasio has built more than 100 miles of protected bicycle lanes since coming into office. Studies consistently show that bicycle lanes create safer conditions for travelers of all kinds – pedestrians, bicyclists and car drivers. In addition to the expansion of infrastructure dedicated to bicycles, the city has also retrofitted intersections and lowered speed limits as part of its ‘Vision Zero’ initiative. Given the safety improvements, bicycling should have become safer in the city. In the first few years data show a sharp drop in accidents but this year the NYPD reports 127 pedestrian injuries, up from 113 recorded this time last year. Continue reading

August 24, 2019

After Multiple Accidents, Citi Bike Removes “E-Bikes” from New York Streets

by Law Offices of Thomas L. Gallivan, PLLC

Citi Bike removed its electric bikes from New York City’s streets after a slew of bicyclists reported braking problems. The popular bike sharing service made the announcement after The New York Daily News reported a “stronger than expected braking force on the front wheel” resulted in launching the bicyclists over their handlebars. The tabloid magazine said Lyft, the owner of Citi Bike, confirmed that six people sought medical treatment from injuries caused by faulty electric bicyclists. According to Bicycling.com, at least one rider broke his hip and dozens of other electric bike riders reported “close calls, scrapes, and other minor injuries.”

Electric bicycles provide an extra “boost” when a bicyclist pedals and can reach up to 18 miles-per-hour, according to Citi Bike. Consequently, a faulty braking mechanism possesses the potential to cause serious harm to the bicyclist. Commenting on the removal of electric bicycles in New York (and two other cities where Lyft operates bike-sharing programs), spokesperson Julie Wood said, “After a small number of reports and out of an abundance of caution, we are proactively pausing our electric bikes from service. Safety always comes first.”

August 21, 2019

Ohio Doctor Charged with Intentionally Killing At Least 25 Patients

by Law Offices of Thomas L. Gallivan, PLLC

Last month, an Ohio doctor was charged with killing at least 25 of his patients administering lethal levels of the powerful opioid fentanyl. After four years of intentionally drugging his patients, murderous doctor’s killing spree finally ended late last year when a pharmacist finally alert hospital authorities. After an internal inquiry, the hospital deemed the deaths of 35 Dr. William Husel’s patient’s “suspicious.” Now, patients told that their loved ones died of natural causes are furious at the doctor and the hospital for allowing the doctor’s murder spree to continue for so long.

According to The New York Times, Dr. Husel began prescribing lethal amounts of fentanyl to patients at least four years ago. Typically, the doctor would prescribe these deadly doses to patients unlikely to survive anyway. As an acute care doctor who worked the overnight shift, prosecutors say he frequently worked with “new nurses” who may have lacked the experience or bravery to challenge the doctor’s prescribing habits. According to interviews with hospital authorities, the pharmacists also proved complicit in the overdoses by overriding hospital protocols which specifically warned about the likelihood of death caused by a massive fentanyl dose. Amazingly, prosecutors say they will not charge any other hospital staffers in the deaths although some have lost their jobs and nursing licenses.

August 21, 2019

New York City Announces New Initiative to Reduce Pedestrian Accidents

by Law Offices of Thomas L. Gallivan, PLLC

The de Blasio administration continued implementing the Mayor’s “Vision Zero” program last week with a slew of initiatives meant to reduce the likelihood of pedestrian accidents in New York City. According to ABC 7 New York, the Mayor’s plan, which aims to reduce the number of pedestrian deaths to zero each year, has been fairly successful. The number of pedestrian accidents in the city is the lowest ever recorded, according to The New York Times. The city has seen its rate of pedestrian accidents decline each year of Vision Zero’s implementation, which initially focused on installing more bike lanes, reducing speed limits, and creating more pedestrian plazas.

Now that those policies have been fully implemented, Mayor de Blasio’s administration is moving forward with a different set of policy initiatives meant to lower the pedestrian accident rate even lower. According to ABC News, these new initiatives will include:

Congestion Pricing. New York became the first city in the United States to pass congestion pricing this year. Beginning in 2020, drivers entering Manhattan’s congested areas will be subjected to a hefty fee – which has not been disclosed but is expected to settle between $15 and $20. The Mayor expects congestion pricing to substantially reduce the congestion in the city and, consequently, reduce the number of car accidents. Judging by the success of congestion pricing in other cities across the world, the Mayor’s prediction appears likely to come true.

August 19, 2019

CDC Begins Collecting Data on Electric Scooter Injuries

by Law Offices of Thomas L. Gallivan, PLLC

The Centers for Disease Control and Prevention launched a program to study injuries caused by electric scooters. Dockless, electronic scooter companies have invaded cities across the country hoping to further revolutionize the transport in America. According to a report by CNBC, companies such as Lime and Bird now operate in over 100 cities in the country. Despite their rapid expansion, there is little data on the safety of providing electric scooters to anyone over the age of 18. Riders of electronic scooters are known to drive on sidewalks, streets, or any other surface available and many of their scooters can reach speeds up to 15 mph.

Federal agencies appear to have finally woken up to the potential threat to public safety, which one emergency room doctor described as a “disruptive technology” to CNBC. The new study will be limited to the city of Austin and the CDC says it plans to “identify the risk factors for those who get injured, how severe their injuries are and why they’re getting hurt.” While still in the preliminary stages, data provided by Austin-area emergency rooms has already provided some answers. According to the CDC, 98 percent of emergency room visitors with injuries caused by an electronic scooter were not wearing their helmet. Further, a little more than half of the injured were under the influence of alcohol or another drug. The majority of electronic scooter injuries were caused by falls. Perhaps surprisingly, injuries caused by electronic scooters do not increase during the nighttime hours.

August 16, 2019

Lawsuit: Hidden Cameras Film Hospital Patients

by Law Offices of Thomas L. Gallivan, PLLC

More than eighty patients filed suit against a California women’s hospital for allegedly filming them while undressed and receiving medical care. These women claim that the secretly recorded footage includes them in stirrups receiving intimate medical procedures, sterilizations, and dilation and curettages after miscarriages, according to The Washington Post. The secret recordings took place over an 11-month period and could include up to 1,800 patients.

In response to the allegations, Sharp Grossmont Hospital concedes that computer monitors with “motion-activated cameras” were in three different operating rooms at the hospital during the time period. The hospital said the cameras were angled towards the “medication carts” and part of an investigation into missing narcotics at the hospital. While these “motion-activated” cameras were activated when sensing motion, they continued to record for long periods of time. This resulted in many patients have sensitive and personal medical procedures recorded without their permission. According to the lawsuit, these recordings showed patients “conscious and unconscious, partially robed on operating room tables, undergoing medical procedures and communicating with their doctors and medical personnel.”

August 15, 2019

FDA “Exemption” Database Hides Malfunctioning Medical Devices from Public

by Law Offices of Thomas L. Gallivan, PLLC

The FDA has quietly expanded a so-called “exemption database” allowing medical device manufacturers to shield the injuries and fatalities attributed to their devices from public scrutiny. According to a recent article in Kaiser Health News, the number of malfunctioning devices submitted as an “alternative summary report” not available to the public numbered between 431,000 and 481,000 in the last three years. According to the FDA, the alternative database originated two decades ago to prevent medical device makers from reporting the same injuries multiple times. However, since its inception the exemption database has grown exponentially and, no longer providing clarity and efficiency, now assists in concealing harmful devices from public scrutiny. The FDA declined to provide Kaiser Health News with a list of exempt devices, although the federal agency did say the number of devices was “over 100.”

This development is unfortunate for doctors and patients who rely on public information about medical devices to make their health care decisions. Surgical staplers provide a good example of how the FDA’s alternative database harms patients. Surgical staplers are “designed to cut and seal tissues or vessels quickly,” according to the health news organization. These staplers also commonly malfunction, between 1994 and 2001 malfunctioning staplers reportedly caused 112 deaths in the country. In 2001, the medical manufacturers of these surgical staplers received an “exemption” from the FDA, which meant the majority of the injuries and fatalities caused by these devices would no longer show up in the public database. In 2011, the total number of injuries and fatalities attributed to surgical staplers was only 18. In 2017, the FDA removed the device from the exemption list and the number of reports skyrocketed to 79.

August 14, 2019

New York’s Scaffold Law Under Scrutiny, Again

by Law Offices of Thomas L. Gallivan, PLLC

New York’s only-one-in-the-country scaffold law is under scrutiny, again. Council Speaker Corey Johnson is hoping to reform the heavily criticized law while overhauling the Metropolitan Transit Authority, the pseudo-independent government agency responsible for the subway and bridges around New York City. According to The New York Post, the scaffold law assigns 100 percent of the liability to owners and contractors for any injury occurring on a construction site, regardless of whether the worker was at fault or not. Proponents of the law describe the dangerous conditions that New York construction workers must operate and say the law incentivizes contractors and companies to create a safe workplace.

Opponents of the law say the law is unnecessarily expensive, driving up the cost of much-needed infrastructure projects across the state. Across the country, construction liability insurance typically averages between 2 to 3 percent of a construction project. In New York, that number is between 7 and 10 percent, according to Lawsuit Reform Alliance Coalition of New York. Johnson said the law eventually makes a construction project 10 times more expensive to insure in New York. Johnson used the MTA’s East Side Access Project, which links the LIRR to Grand Central, as an example. In 2002, liability insurance on the project cost $93 million. The same liability insurance policy now costs taxpayers $584 million each year. Johnson says the Scaffold Law is a major contributor to the increased costs.

August 13, 2019

Nine Construction Workers Injured in Midtown Manhattan

by Law Offices of Thomas L. Gallivan, PLLC

Carbon monoxide poisoning injured nine workers at a construction site in Midtown Manhattan last month. According to ABC 7 New York, the FDNY responded to a call at a high-rise residential development in Flatiron when several workers complained of feeling dizzy. When the firefighters arrived, the level of carbon monoxide at the construction site tested around 750 parts-per-a-million. According to the news agency, carbon monoxide is “dangerous” at 10 parts-per-a-million. The entire site was quickly evacuated.

All workers at the site immediately sought medical care and nine were admitted into the hospital with non-life-threatening injuries. According to the FDNY, workers were pouring the foundation in a 60 square-foot-area. “It is very difficult to ventilate because there’s only a very small area to enter into the confined space. While the names and injuries suffered by the workers have not been released, witnesses at the scene reported seeing multiple construction workers carried off in stretchers. “We were able to begin IV treatment, cardiac monitoring while our peers on the fire side did all the heavy lifting of pulling them out,” EMS Deputy Chief Kathleen Knuth told ABC’s local affiliate.