Product Liability Update: Thousands of cases pertaining to the defective mesh have been combined and are being collectively adjudicated in the federal district court for the Southern District of West Virginia, a process referred to as Multi-District Litigation (MDL). On July 1, the Honorable Joseph R. Goodwin issued an order scheduling an initial "bellweather" trial for December 3, 2013.
A recent story in the Times Union describes horrifying details of the abuse and murder of Gary Carpenter III, a five-year-old Warren County boy. Gary was subjected to torture and abuse by his mother's boyfriend, Brandon Warrington, ultimately leading to him being savagely beaten to death last November. Warrington was sentenced to 25 years to life in prison earlier this month. However, what makes this story even more troubling is the fact that it might have been prevented.
A woman was riding on the back of a motorcycle through the town of Indian Lake in Hamilton County earlier this month when the man operating the motorcycle lost control, sending her into the guardrail. Tragically, the man died at the scene of the motorcycle accident, and the woman was rushed by an air ambulance to Albany Medical Center. It is currently unknown how serious her injuries are or whether she is expected to recover.
When you are sick, you go to the doctor and he or she prescribes you some kind of medicine. Whether it is over the counter or a prescription medication, you generally trust your doctor's diagnosis and treatment. There may be some people in Troy who will question whether the doctor has made a medication error, but, for the most part, people outside of medicine or pharmacology don't have enough knowledge to really know whether a prescription is right or not. When there is a problem, however, a medical malpractice lawsuit may be an appropriate way to seek compensation for the damage the medication error caused.
With the warm weather Albany has had recently, there have likely been a number of people lying out on deck chairs, soaking up the sun. Since Albany has such cold and snowy winters, it may be the only chance many people in upstate New York get to enjoy the summer sun, but there are always reports of individuals getting stuck in or injured by their deck chairs that could lead to numerous product liability lawsuits.
Most people in Albany recognize that when they are driving they need to pay attention to everyone that is on the road. This means that they need to look out for more than just other drivers, but for truckers, bicyclists, motorcyclists and pedestrians. At the same time, motorists need to be aware of who is on all sides of their vehicles, not just who is on the side or in front of them. Sadly, when drivers don't do this, they risk seriously hurting others on the road.
A man broke his neck after jumping 25 feet from a platform onto a giant inflated air-bag at a festival in Chippewa County, Wisconsin. Two other persons also broke their ankles in the same manner. To read the online article in the LaCrosse Tribune, click here. Air-bag jumps have become an increasingly popular form of amusement, being used by skiers and thrill seekers.
In the small town of Redfield, New York, the family of one man is likely wondering what could have caused a fatal accident late last week. The man was involved in a horrific motorcycle accident that left him dead. What is odd about this motorcycle crash is that the individual who hit him was not in a car, truck or SUV; it was another motorcyclist.
Traumatic Brain Injury Update:
Railroad Injuries Update:
A terrifying news report has emerged about a nursing home facility in which 21 nursing home employees, including the nursing home owner, have been charged with elder abuse. Of these 21 individuals suspected of abusing nursing home residents, 11 have been arrested, but the other 10 remain at large. Fortunately, this horrific story of abuse did not happen in New York, but, sadly, it could have. A Congressional report issued in 2012 found that residents will face neglect or abuse in one in three nursing homes.
Late last week, a 17-year-old girl was riding with her sister and her friend when her friend smashed the car into a utility pole south of Albany. Although the Sullivan County Sheriff's office has said that it is investigating the accident, the parents of the 17 year old and her injured 16-year-old sister are likely wondering how they might hold this 18-year-old driver responsible. If they choose, they may likely be able to file a wrongful death lawsuit for their older daughter and a personal injury lawsuit on behalf of their younger daughter.
While some people in New York City think of slip-and-fall accidents as a joke or a scam, there are many people who are injured each year because someone didn't clean the floor, shovel the snow, remove ice or otherwise make a public space safe. Injuries can range from the relatively minor to severe, and could lead to total disability and a lifetime of pain. When someone does suffer a serious slip-and-fall injury, however, he or she can work with an experienced attorney to file a premises liability lawsuit.
The Senate and Assembly have let a bill die that would have gone far to protect the victims of medical malpractice in New York; the bill did not even leave committees to get voted on. The bill, which is named after a Brooklyn woman who was unable to sue for medical malpractice because of the New York statute of limitations on medical negligence, would have amended the statute of limitations. New York's statute of limitations runs from the moment the malpractice occurs, not from the moment it was discoverable, as it does in 44 states.