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On October 3, 2016, the highest Appeals Court in Connecticut ordered a retrial of a former boy scouts claim that he had been sexually molested multiple times at the age of 11 by his patrol leader long ago in the 1970's. (In 2000 this same scout leader had pleaded guilty to unlawful sexual touchin...
A study reported on October 3, 2016 in the Proceedings of the National Academy of Sciences claims that a doctor's political affiliation may affect the advice they give to their patient's concerning drug use, abortion, obesity, depression and gun safety. The researchers linked the records of 20,00...
According to the New York Times, on September 28, 2016, the Centers for Medicare and Medicaid Services ("CMS") restored a fundamental right of millions of elderly and/or disabled Americans -- their right to a jury trial. CMS "issued a rule that bars any nursing home that receives federal funding ...
NYC pays $5,750,000 for the death of a 39 year old mentally ill inmate deprived of proper medical care.
On September 26, 2016 the Estate of Amy Lam filed a Notice of Claim against the New York City Health & Hospital's Corporation for the wrongful death of a 34 year old wife and mother of two children. Ms. Lam went into premature labor on July 31, 2016 (one month before her due date) and was tol...
On September 22, 2016 the United States Court of Appeals for the Second Circuit upheld the dismissal of a medical malpractice - wrongful death action which claimed that Generations Family Health Center ("Generations") had failed to timely diagnose the decedent's colon cancer. The case was dismiss...
While global death rates for maternal mortality decreased by more than a third from 2000 to 2015, according to the Institute of Health Metrics and Evaluation (research group funded by the Gates Foundation), in the U.S., they have increased. The New York Times reported last week that the study sho...
According to the Centers for Disease Control and Prevention between 1 and 3 million Americans are diagnosed with sepsis each year and 15-20% of them will die. Sepsis is a blood borne infection that can be diagnosed with blood tests and a blood culture. It is treated with oral and/or intravenous a...
On September 15, 2016, the CDC announced that brain cancer is now the leading cause of death replacing leukemia, which has seen major advances in medical treatment. Not so for brain cancer in children. Cancer is the 4th leading cause of death, accounting for 10% of all childhood death's in 2014. ...
Reported on September 13, 2016 in the New England Journal Of Medicine was a 10 year study of 1566 men diagnosed with early prostate cancer (asymptomatic - Gleason scale of 6 or less) can safely delay or completely avoid surgical or radiation treatment. That's important because there are significa...
According to the Nassau County District Attorney's office, Robert Alan Wagner, age 63 of Bellmore was "charged with stealing more than $400,000 in estate funds" that he held in escrow for an Executrix of an Estate that he represented in the sale of real estate.
Last week Suffolk County filed a lawsuit against Purdue Pharma and Jansen Pharmaceuticals, amongst 11 named defendants. The suit claims that the drug companies created a "false perception through a coordinated, sophisticated and highly deceptive marketing campaign" beginning in the late 1990's cl...
On August 26, 2016, a Staten Island Supreme Court Justice, reduced a jury verdict of $9.3 million to $6.7 million awarded to an ironworker struck on the back of the head by a 200 pound piece of concrete at a construction project at the Staten Island ferry terminal complex.
On August 17, 2016 an Appellate Court overruled a Judge in Nassau County Supreme Court who had refused to dismiss a lawsuit against the North Shore Animal League by a consumer who "adopted" one of their dogs who had a history of viciousness.
On August 31, 2016, the U.S. Food and Drug Administration announced plans to add a black - box warning to approximately 400 drugs in the opioid and benzodiazepine classes. This development was prompted because increasing numbers of people have died from taking a combination of strong painkillers ...
On August 17, 2016 an Appellate Court covering Kings County decided to uphold a jury verdict in favor of an incapacitated child who suffered a severe form of jaundice known as hyperbilirubinemia which caused damage to the infant's brain and cerebral palsy. The jury determined that a hospital pedi...
As per the N.Y.Times, General Motors chose to purchase cheaper airbags from a Japanese supplier, Takata even though they knew that testing revealed a chemical component, ammonium nitrate, could explode the inflater device into pieces of shrapnel and injure consumers.
In 2016 the Centers for Disease Control and Prevention issued new guidelines for physicians to follow, covering when to initiate opioid treatment, which opioids should be used first and for how long, and how to address potential harms associated with treatment.
The Surgeon General notes that America is in the midst of an unprecedented opioid epidemic with millions addicted and demands that the medical profession educate themselves with the CDC Opioid Prescribing Guidelines and screen/treat their patients for opioid use disorder.
Lawyers who want to sue their client for defamation can't wait until after they lose a legal malpractice law suit.
A study reported in May 2016, in the highly regarded British Medical Journal, claims that there were more than 250,000 deaths in the U.S. in 2013 -- as a result of "preventable medical errors". This is more than double the mortality rate due to medical errors found in a similar study in 1999. However, the methodology relied on in the 2016 study raises questions on its reliability, according to a columnist in the New York Times on August 15, 2016.
On August 3, 2016 an Appellate Court reinstated a lack of informed consent claim filed by a patient who underwent breast reconstruction/augmentation surgery. The plaintiff is entitled to a trial where a jury will decide whether the surgeon disclosed the appropriate information about the type of implants to be used and whether the patient gave a proper informed consent.
On August 16, 2016 the New York Law Journal reported a $4.5 million dollar settlement with the family of Akai Gurley, age 28, who was shot in a dark stairwell in a Brooklyn Housing project by a NYC police officer who was patrolling a housing project in East New York with another rookie.
Two brothers of a 61 year old man who was killed while crossing the street in the Williamsburg area of Brooklyn. Tragically this pedestrian was in the crosswalk with the right of way when struck leading to his death later that same day.The decedent had no children and never married.
A Federal Court Judge has awarded $6.2 million dollars to a man who was incarcerated for 6 years on a rape conviction. The conviction was obtained based on an alleged verbal confession to Rochester police which was adamantly denied. DNA testing once again exonerates an innocent person and provides the basis for an award for loss of liberty-pain and suffering.
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