Articles Posted in News

Published on:

subway-station-690894_1280-300x199
When tragedies occur, it is natural for people to try to assign blame wherever they can.  From a lawyer’s perspective, the issues are rarely as black and white as the general public would like them to be.  On Friday morning, a homeless man was found dead under a downtown R train in Brooklyn at the Court Street Station in Brooklyn Heights.  According to a report by the New York Daily News, the homeless man fell or was struck by the train while walking on the tracks at approximately 4:00am.

This accident, while undoubtedly tragic, requires a detailed legal analysis to determine who is to blame and if there would be reasonable chance of recovery if a lawsuit was brought.  Various areas of New York personal injury law, General Municipal Law, and Estates Powers and Trusts Laws are instantly implicated and need thorough analysis at the outset.

The attorneys at Queller, Fisher, Washor, Fuchs & Kool, LLP have over 50 years of experience in the litigation of personal injury cases.  It is this experience in handling these legal matters which gives insight into the appropriate legal analysis of the above-referenced accident and the applicable New York laws.  At first blush, the train accident described above involves a man being struck and killed by a subway train.  Before the analysis of the relevant culpable conduct of the potentially liable parties can begin, other steps must be taken.

Published on:

undefined

The National Transportation Safety Board found that a failure to screen NJ Transit engineer for sleeping disorder caused Hoboken crash.  Obstructive sleep apnea was a factor in the tragic accident according to an article on Lohud.com.

Perhaps more disturbing is that legislation to require the screening of employees for this sleeping disorder was withdrawn by the Federal Railroad Administration and the Federal Motor Carrier Safety Administration in August.  The NTSB had investigated five other train crashes since 2001 where sleep apnea was a cause.

Have you or a loved one suffered a serious injury in a train accident? If so, you may have grounds to file a negligence or wrongful death lawsuit against the railroad company or train’s manufacturer. For a free consultation with our train accident attorneys, call (212) 406-1700 or contact us online.

Published on:

undefined

The "Tide Pod" Challenge has been in the news recently as a result of its increasing popularity and general awareness in social media circles. In essence, the "Tide Pod" Challenge involves primarily kids biting into brightly colored liquid laundry detergent packets, or cooking them in frying pans, then chewing them up before spewing the soap from their mouths, according to this article from the Washington Post. These acts are recorded and posted on social media. 

However, these packets contain highly-concentrated laundry detergent which should not be ingested. The parent company, Proctor & Gamble, has issued warnings about the dangers of this activity and is taking this matter very seriously. YouTube is flagging videos about this activity and removing them from their site.

The question for those of us who have neither the desire nor inclination to film ourselves eating laundry detergent is "Why are people doing this in the first place?" At the outset, it must be noted that these packets are small, brightly colored and smell nice. In fact, in 2013, the U.S. Consumer Product Safety Commission (CPSC) and the Australian Competition and Consumer Commission (ACCC) issued a warning about these products and the dangers of ingestion. The attraction to children is obvious: "The soft and colorful product can be easily mistaken by a child for candy, toys, or a teething product."  

Published on:

undefined
A new term is now in use for New Yorkers as we as we set to experience a “Bomb Cyclone.” What is a “Bomb Cyclone?” According to this article by Forbes.Com, it is essentially a winter hurricane – a powerful low pressure system that rapidly intensifies. Of course, a storm such as this increases the risk of accidents due to snow and ice on the streets and sidewalks which are a major cause of personal injuries. If you have an accident and fall on snow and ice, these are the Top Six things you or someone on your behalf should do as soon as possible:

1. Call for help – you or someone on your behalf should call 911 so that the Police can come and assess the situation and document the happening of the accident. In New York, the police will prepare what is called an Aided Report. Aided Reports record occurrences when an individual is injured (not involving a motor vehicle), becomes sick or lost and service is rendered by the New York City Police Department.

2. See Medical Attention – the police or someone on your behalf should call for an ambulance to transport you to the nearest hospital. This insures that you get prompt medical treatment for your injuries to help achieve the best chance of a good recovery. This also will ensure that your accident is documented in case any potentially responsible party disputes the occurrence.

Published on:

undefined

In New York, a medical malpractice action for “Wrongful Birth” has been recognized since the New York Court of Appeals rendered their 1978 decision in the case Becker v. Schwartz. This cause of action allows parents to recover monetary damages from a negligent physician for the extraordinary care and treatment expenses of a child with a congenital disability resulting from the failure of their doctor to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities.

There have been a variety of issues surrounding this rather unique cause of action. One of these issues dealt with the accrual date of the applicable Statute of Limitations period for such an action. Negligent physicians would argue that the 2 1/2 year Limitations period began on the date of the medical malpractice, which usually occurred months before the delivery date. In an opinion released today, the Court of Appeals clarified that the statute of limitations for the claim of the parents begins to run on the date of the child’s birth, not on the date that the malpractice occurred. The Decision can be found in the case B.F. v. Reproductive Medicine Associates of New York, LLP. This Decision marks a fair and balanced approach to the analysis and helps parents secure justice for their disabled child and the extraordinary expenses associated therewith.

The value of birth injury lawsuit can vary from case to case. Compensation for a birth injury can range from several thousand dollars to well over $1 million. The cost of medical bills, effect on future earning potential, and extent of pain and suffering caused by the injury are some of the factors that go into determining how much a medical malpractice lawsuit may be worth.

Published on:

undefined

We at Queller, Fisher, Washor, Fuchs & Kool, LLP wish all of our friends and clients who celebrate a very happy Hanukkah!

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

Published on:

undefined

Congratulations to Barry Washor who recently settled a Bronx wrongful death action arising out of medical malpractice committed at a hospital in Manhattan which resulted in the death of a 35-year married mother of 2 children. The action settled just prior to trial in the amount of $2,400,000. He was assisted in the preparation of this matter by our partner, Matthew Maiorana.

The plaintiff-decedent was 34 years old and with no significant medical history. She was not feeling well December 31, 2011 and went to the emergency room at a hospital in New York City at approximately 10:30 pm with complaints of pain, (10/10), body aches, diarrhea, nausea, blue finger tips, and low grade fever. She was diagnosed with tachycardia with a heart rate of 111 and blood pressure of 100/50. Over the course of the night tests were done that showed that she had a deceased white blood cell count and she was being worked up for an abdominal issue. By 1:30 am on January 1, 2011 her blood pressure was 95/50 and her heart rate was 118. At 2:30 am her heart rate was 127. At 4:30 am her heart rate was 212 and her temperature was 104.3. At 6:30 am the decedent was given antibiotics but continued to deteriorate. She was intubated at 11:00 am. At that time her blood pressure was 80/40 and dropping. At 12:30 pm she was given pressors to bring up her blood pressure and she lost consciousness. She was then brought to the operating room for a laparotomy and a hysterectomy was performed. She never regained consciousness and was placed on life support which was discontinued on January 8, 2011, when she died of complications relating to sepsis.

It was alleged that defendants failed to properly diagnose and treat sepsis. It was plaintiff’s contention that the decedent had sepsis from the time she arrived at the hospital and should have been given antibiotics and pressors immediately. Had antibiotics been given immediately there would have been less than a 20% chance of death. For every hour that is delayed the risk of death goes up 7.6%. Inasmuch as there was an 8 hour delay in giving antibiotics and a 4 hour delay in giving pressors the likelihood of death increased to 70-80%.

Published on:

undefined
The partners and staff wish to congratulate our partner, Barry Washor, for settling a Brooklyn Medical Malpractice case during trial for the amount of $10.85 million dollars. It is believed that this result ranks among the highest medical malpractice settlements of 2017. Congratulations also to our Partner, Kevin McDonald, and all of our exceptional staff, who assisted Barry with the preparation and trial of this matter.

The case involved a 32 year old construction worker who became paralyzed due to medical negligence in September 2012. The plaintiff was suffering from an aortic dissection, which was not diagnosed until two days after presentation to the hospital. During that two day period, he became paralyzed from the chest down and incontinent of bowel and bladder. He was transferred to another facility and underwent emergency repair of his aortic dissection. Unfortunately, the paralysis and bowel and bowel incontinence, secondary to the dissection, could not be reversed and is permanent. Since the surgery to repair the dissection, the plaintiff has remained paralyzed and incontinent and has undergone seven additional surgeries. He underwent a small bowel resection and now has a permanent iliostomy. Because of his immobility and fecal incontinence, he developed very painful sacral decubitus ulceration and has undergone surgeries to repair those. He also developed a condition called heterotopic ossification, a condition in which there is abnormal bone growth on various parts of the body. He underwent a series of surgeries to resect the heterotopic ossifications in his hips and knees. He is permanently disabled and he has been unable to return to work in any way.

During the trial of this matter, a settlement agreement was reached for the amount of $10.85 million. When asked about this incredible result, Barry stated that “This has been a long, hard-fought process and I am happy that we were able to achieve justice for our client.” Since he began practicing law in 1981, Barry has established a reputation as one of the top medical malpractice and personal injury lawyers in New York. His reputation stems from exceptional results and his integrity. His track record of success places him among the elite medical malpractice attorneys practicing in New York today.

Published on:

undefined

The partners and staff at Queller, Fisher, Washor, Fuchs & Kool, LLP wish our clients, colleagues, families and friends a happy and healthy Thanksgiving!! We are thankful to be part of such a wonderful office and extend our holiday wishes to all.

As a reminder, please enjoy the holiday in a safe and responsible manner!!

If you or a loved one have suffered serious injuries or death as a result of the negligence of another person or company, the attorneys at Queller, Fisher, Washor, Fuchs & Kool will give you a free consultation to determine your legal options. To see if you have grounds for a claim, call 212-406-1700 or contact us online.

Published on:

undefined
Congratulations to our partner, Jonny Kool, for the settlement of a Bronx Labor Law case in the amount of $3.8 million. The case involved multiple injuries sustained by a 57-year old bridge painter on May 10, 2013, at the High Bridge Rehabilitation project in Bronx County. The plaintiff was seriously injured when the end of a 400 pound vacuum hose (used in sand-blasting operations) came loose as the hose was being lowered. The end of the hose fell approximately 20-25 feet and struck the plaintiff in the head and shoulder. The force of the impact jarred his hardhat off and knocked plaintiff off his feet, causing him to fall over onto the platform floor.

The plaintiff was knocked out and woke up in the ambulance. He sustained a closed head trauma with hearing loss and a mild traumatic brain injury (TBI) requiring cognitive therapies, cervical disc injury necessitating reconstructive surgery including two-level neck fusion at C4-C5 and C5-C6, right ankle ligament tears necessitating Brostrom ankle reconstruction, right shoulder rotator cuff and tendon tears necessitating arthroscopic shoulder reconstruction with anchor placements and significant disc herniation with L4-L5 annular tear confirmed intraoperatively producing lower extremity numbness that necessitated a transforaminal lumbar interbody fusion of the L4-L5 segment with placement of a biomechanical device. As a consequence of these injuries, the plaintiff was, and remains, disabled from his occupation as a Local Union 806 Structural Steel and Bridge Painter.

Our office moved for Summary Judgment on behalf of the injured bridge painter to legally establish the liability of the bridge owner (the City of New York) and the General Contractor for the project pursuant to New York Labor Law 240(1). While the motion was pending, the parties agreed to a settlement in the amount of $3.8 million.