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November 2011 Archives

Patient neglect puts another nursing home under the spotlight

When you bring your parents and family members to a nursing home you expect the best care possible and safe living conditions. You want to ensure that your loved ones receive the care that they could no longer provide for themselves. In order for New York nursing homes to be able to provide this kind of care, each facility needs to be well-inspected and staff must consistently follow up with patients. When nursing home staff members fail to notice new injuries, illnesses or unsanitary conditions, it is a form of nursing home negligence.

Johnson & Johnson DePuy Litigation Expenses Costing Millions

During the months of 2011 alone, Johnson & Johnson has reportedly spent approximately $223 million in litigation expenses, according to the SEC. The DePuy ASR Hip Replacement manufacturer is currently facing about 3,500 lawsuits regarding the recall, while the numbers of lawsuits continue to rise. With an increasing number of lawsuits, the Johnson & Johnson litigation costs will continue to rise deep into the millions.

Albany father killed as criminal suspect tries to escape police

It is tragic to lose a loved one in a fatal car crash, but to lose someone in a crash caused by a criminal suspect trying to outrun the law is absolutely horrible. Sadly, an 18-year-old man saw his father killed in just such a recent Albany motor vehicle accident. The father had picked his son up from basketball practice and the two were talking about their favorite sport when a 29-year-old motorist in a stolen SUV slammed into the father and son.

Documents Show Bayer May Have Misled Women About Yasmin's Risks

A new report from Bloomberg states that documents produced in the ongoing Yaz/Yasmin products liability litigation show that Bayer company officials may have tried to mislead consumers about the risk of intravenous thomboembolisms (VTE).  According to the article, the lead author of a European study which concluded that Yasmin did not increase the risk of blood clots, was himself involved in the development of the drug during his tenure at Schering AG, a company acquired by Bayer in 2006.  The author's association with Schering and involvment in the development of Yasmin was not disclosed in the study when the final results were published.

Three students trapped, injured by school elevator

Elevators are becoming more common in schools across New York and the country, but what happens when students are injured by their school's elevator? Albany students should not have to worry about their safety and whether they are at risk of encountering unsafe property on school grounds. If a student is injured because of unsafe conditions, however, students and parents should be able to hold the school responsible for whatever medical costs they incur in recovering from their injuries.

New study may change angioplasty recommendations for patients

Heart patients in Albany who have had an angioplasty may have been told by their doctors that they needed to travel to a bigger city or a bigger hospital for a safe procedure, but a new study may change what doctors say to patients considering an angioplasty. While surgical errors can happen at the largest and the smallest hospitals, New York cardiologists more often recommended large hospitals for this relatively common procedure.

Federal court allows punitive damages, federal claims against BP

For anyone concerned about the environment, the BP oil spill was a disaster and the cleanup continues to remain somewhat of a nightmare. Many of the people living near the spill were rightfully concerned about how the oil would affect their livelihoods, homes and health, something any New York resident might fear if a similar environmental accident happened upstate. Luckily for the people of the Gulf, a federal court has recently ruled that two affected states can not only pursue claims under maritime law and the federal Oil Pollution Act, but they can also demand punitive damages from the oil company.

Penn State Child Abuse Scandal Brings to Light Epidemic of Sex Abuse against At-Risk Children

     The recent sex abuse allegations against Penn State University assistant football coach Jerry Sandusky have brought to the forefront an all-too-common trend of the abuse against the most vulnerable child victims in society.  The indictment against Sandusky (read it here, but be warned it is extremely disturbing) lays out how he first created a group foster home "dedicated to helping children with absent or dysfunctional families," which effectively gave him access to hundreds of at-risk and vulnerable boys, many of whom are alleged to have been abused.

Average cost of fatal car accidents grow

When car accidents occur the victims and their loved ones endure a great amount of emotional and financial stress. Fortunately, the legal system can help assess the responsibility and liability of car accidents in order to resolve the financial costs of car accidents. According to a new report by AAA, the financial costs of car accidents in Albany and in other parts of the country have nearly doubled over the last few years.

Group Home Abuse Update: Unexplained Deaths at New York Homes

In a startling and important expose recently published by the New York Times, it has been revealed that in the past decade, over 1,200 developmentally disabled individuals have died of "unnatural" or "unknown" causes while in the care of group homes run by the State.  Even more troubling, despite the large number of unaccounted for deaths, the New York Times reports that the State has done little to investigate the quality of care at these institutions. 

Recent Ruling on Longshore and Harbor Worker's Compensation Act

The Longshore and Harbor Worker's Compensation Act (LHWCA) is a federal law that provides worker's compensation benefits for longshoremen and other individuals engaged in maritime employment.  LHCWA also provides a statutory vehicle for individuals to sue and recover for injuries caused by the negligent acts of third parties who are not their employer.  In addition to an action brought under LHCWA, an injured party may, in certain cases, bring an action pursuant to New York State labor law as well.

Noise of car engines may help prevent car accidents involving pedestrians

The noise from traditional car engines may prevent car accidents involving pedestrians and bicyclists. Think about the last time you went for a walk or a bike ride in Albany. Did you rely on the sound of a car engine to help determine whether there was oncoming traffic? Many of us would probably answer "yes" to that question but as more hybrid and electric cars come online the sound of the open road may grow quieter and more dangerous.

A reminder about pedestrian safety and car accidents for next Halloween

Halloween can be the most frightening night of the year for trick-or-treaters and other pedestrians on the street. Even though Halloween has just passed, it is important for people in Albany to know that October 31 is the most dangerous night of the year for pedestrians. October 31 is the deadliest night of the year for pedestrians. To ensure that deadly car accidents do not occur in future years please consider the following safety tips.

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