(914) 220-1086The City of New York improperly released the body of a 51 year-old male to a funeral home in Pennsylvania, where he was ultimately buried. The plaintiff-decedent’s mother had been informed that her son had died, and two of the plaintiff-decedent’s siblings had already identified the body at the medical examiner’s office before the body […]
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Summary Judgment In Favor Of Plaintiff Affirmed in New York Labor Law Construction Accident
The Supreme Court of New York, Third Department (appellate court), recently upheld a summary judgment decision for the plaintiff, Joseph Miranda III, in a construction accident lawsuit. Miranda sustained a traumatic brain injury in a fall of approximately 30 feet at an Albany construction site. Commonly referred to as “The Scaffold Act,” Labor Law section […]
Bronx Man Files Suit Against City After Being Shot By Accident By NYPD
Jose Colon has filed a notice of claim after being shot by a New York City police officer in the early morning hours of January 22. The shooting, which left a bullet lodged near the pelvis of the 76 year old resident of the Soundview section of the Bronx, occurred as officers raided Colon’s home […]
Long Road to Recovery for Victims of Brain Injuries
After the recent tragic events in Arizona, and as U.S. Representative Gabrielle Giffords’ continues on her road to recovery, the media and the general public have an increased focus on brain injuries and medical advances that can lead to recovery from their neurological trauma. As accused gunman Jared Loughner awaits the next phase of his […]
Northern Metropolitan (Rockland County, NY) Cited: Pressure Sore Prevention Lacking
Northern Metropolitan Nursing Home in Monsey, New York was recently cited by the New York State Department of Health for incidents involving residents that developed pressure sores (decubitus ulcers, bedsores) in late 2009. According to the statement of deficiency, inspectors discovered that three out of twenty-one residents surveyed developed pressure sores at the facility. Although […]
NY Bedsore Attorney Report: Pine Valley Center for Rehabilitation and Nursing Receives Statement of Deficiency
Pine Valley Center for Rehabilitation and Nursing in Rockland County recently received a statement of deficiency for failing to properly prevent and heal pressure sores. An 80 year old woman was admitted to the facility on May 26th of last year. Upon her admission, the facility noted that she was at “high risk” for the […]
New York State Police Seeking Witnesses in Fatal DWI
New York State Police are seeking witnesses in a fatal DWI crash that left Daniel Macalena dead early Saturday morning. According to State Police Investigator Matt Manza, Macalena, of Wappinger’s Falls, had stopped his vehicle in the center lane of the Sprain Brook Parkway just south of the Jackson Avenue exit when he was struck […]
Settlement Approved in Brighton, New York Fall Case
New York Supreme Court trial judge David M. Barry approved a settlement last week for the late Getrude Kash at the Jewish Home in Brighton, NY. The suit alleged negligence, medical malpractice, and violation of the Public Health Law. Shortly after Gertrude Kash, seen above, was admitted to the Jewish Home, she suffered a succession […]
Smoker Sues After NYPD Misunderstanding
A downtown New York lawyer is suing the city of New York and the NYPD for $400,000 in damages after two officers mistakenly thought that he was attempting suicide. Mark Moody was smoking a cigarette on the ledge of his second story Peck Slip apartment when two officers stopped their car and asked Moody if […]
Westchester Nursing Home, Owner, Plead Guilty to Stealing $400,000 in Medicaid Funding by Inadequately Caring for Residents
Ossining-based nursing home Chandler Care Center and its owner, Samuel Klein, plead guilty in September 2002 to stealing $400,000 in Medicaid funding and failing to employ sufficient staff to provide appropriate care for its residents. The facility shut down in July 2001 after a Department of Health (DOH) inspection revealed that the facility, lacking air […]
Troopers Charge 3 Westchester Motorists with DWI
Troopers charged three New York motorists with driving while intoxicated (DWI) recently in separate investigations in Port Chester, Croton-on-Hudson and Southeast, state police said today. Stephanie G. Madeira, 24, of Danbury, Conn., was charged with misdemeanor driving while intoxicated around 1:30 a.m. today on Interstate 84 in Southeast, police said.Lisa J. Yellen, 51, of Cortlandt […]
Worker Seriously Injured In Ramapo, New York Construction Accident
A 26-year-old man working at the construction site for the Ramapo baseball stadium was injured Wednesday when the construction vehicle he was driving tipped over and ejected him from the driver’s seat. Joseph Delaney of Middletown, N.Y. was carrying a load of steel rods with the forklift-type vehicle just before noon Wednesday when the accident […]
Jury Returns $42.75 Million In Nursing Home Neglect Case Involving Bedsores
A Kentucky jury has awarded $42.75 million to the family of an elderly man who was allegedly neglected in a Madisonville nursing home. The decedent, Joseph Clint Offutt, 92, was reportedly only a resident at the facility, Harborside of Madisonville, for nine days before he died. Wilkes & McHugh represented the family. The trial lasted […]
Grandell Rehabilitation Fined For Failing To Provide Adequate Supervision To Resident Known To Have Suicidal Ideations
Grandell Rehabilitation and Nursing Center in Long Beach, NY was recently fined $32,207.50 by the Federal government stemming from a January 26, 2010 NYS Department of Health Complaint Survey. Surveyors found that the facility failed to provide medically related social services to attain the highest practicable, physical, mental and psychosocial well-being of each resident. Tragically, […]
New York Nursing Home Abuse Attorney Report: CA Jury Awards $12.5 Million To Resident Attacked By Cook
In a recent nursing home abuse lawsuit, a California jury awarded a dementia resident $12.5 million after being attacked by a cook who worked at the facility. In 2007, Sophie Schwartz, a 92 year-old dementia patient, was asleep in her bed at Oakdale Heights of Santa Clarita when she was awakened by a man on […]
White Plains Motor Vehicle Accident Attorney Report: Recent Decision Regarding Involving “Serious Injury” Threshold
In a recent decision, the New York State Appellate Division, Second Department held that in a motor vehicle accident, disc bulges and decreased range of motion constitute a “serious injury” under Insurance Law Section 5102. The affirmation of plaintiff’s treating physician submitted to the court was based on a recent exam, as well as examinations […]
New York City Police Motorcycles Involved In Accident While Escorting Vice President Biden
On August 4, 2010, two New York City police officers on motorcycles acting as escorts for Vice President Joseph R. Biden Jr. were involved in a minor accident. The Vice President was on his way to JFK Airport. Mr. Biden’s vehicle was not involved, and no officers were seriously injured. The Vice President was in […]
Bronx Jury In Medical Malpractice Case Returns $20 Million Verdict Against Gastroenterologist
A Bronx, NY jury recently awarded $20 million in a medical malpractice case to a 43 year-old unemployed man whose colon was damaged during a colonoscopy. However, due to a high/low agreement entered into by the parties, plaintiff will receive $850,000. Plaintiff Edgar Gonzalez developed peritonitis that necessitated removal of some of his colon and […]
New York Nurse Aide Sentenced For Sexually Abusing Nursing Home Resident
Robert Gunderson, a Certified Nurse Aide at Northwoods Rehabiliation Center, a nursing home in Troy, New York, was recently sentenced after being charging with sexually abusing an elderly resident. Mr. Gunderson reportedly fondled the breasts and vagina of a 78 year old woman who was physically helpless. In March 2010, Mr. Gunderson was sentenced to […]
New York Motor Vehicle Accident Attorney Report: Man Paralyzed In Hit And Run Recovers $40.8M
A Brooklyn (NYC) jury recently awarded nearly $41 million to a man who is paralyzed as a result of a hit-and-run car accident. Plaintiff, 49 year-old Matthew Falcone Jr., was injured while crossing a Brooklyn intersection in 2006 . Falcone claimed that he was struck by a pickup truck driven by Franklin Williams. Williams did […]
Summary Judgment Denied To Madison Square Garden In New York Slip & Fall Accident Case
In a New York Slip and Fall Accident case, Defendant Madison Square Garden’s motion for summary judgment was denied. Plaintiff slipped and fell on liquid on the floor of Madison Square Garden while attending a Rolling Stones concert. Plaintiff testified that after she fell her pants were wet and smelled like beer. The Madison Square […]
New York Hospital Ordered To Pay $1.5 Million For Anesthesiologist’s Error In Medical Malpractice Matter
A New York County jury recently awarded $1.5 million to a woman who claimed that she suffers permanent dysfunction of her jaw as a result of an anesthesiologist’s error during surgery. The matter stems from an April 2004 procedure in which plaintiff Caridad Cuevas underwent removal of a stone from a salivary gland. Cuevas claimed […]
New York Car Accident Attorney Report: $10 Million Verdict For 80 Year-Old Female
A Brooklyn (NYC) jury returned a $10 million verdict in favor of an 80 year-old female, Josephine Pantano, who sustained a fractured neck and a fractured leg in a motor vehicle accident in May 2007. Both plaintiff and defendant motorist contended that the other ran a red light causing the collision. The jury sided with […]
Upstate New York Jury Awards $1.7 Million Due To Improper Injection
A New York jury recently awarded a female home-care nurse from Syracuse $1.7 million in a medical malpractice lawsuit against Community General Hospital. Plaintiff, Tina Holstein, claimed that she was improperly administered an injection after giving birth to her third child. Due to complications during the delivery, a nurse reportedly gave Holstein an injection “too […]
Rye Police Officer Injured In Motor Vehicle Accident
According to a May 12, 2010 Journal News report by Leslie Korngold, a Rye Police Officer, Angelina Santo, was injured in a car accident when her cruiser was stopped at a red light at the intersection of Boston Post Road and Purdy Avenue. Officer Santo was reportedly struck from behind by a Lexus RX330 SUV […]
