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Premises Accident: Slip And Fall In Westchester County Yields $650,000 Settlement At Mediation

by Law Offices of Thomas L. Gallivan, PLLC 09 Nov2009

Plaintiff, a 53 year-old insulator, allegedly slipped and fell on oil that had leaked onto the ground while working at a Westchester County, NY power plant. This matter recently settled for $650,000 at mediation. Plaintiff claimed that the owner/operator of the plant, Entergy, was negligent in its maintenance of the premises, and that its negligence […]

Posted in: Miscellaneous, Personal Injury Law, Slip And Falls

11 Year-Old Bronx (NYC) Girl Dies In Deadly Car Accident: Driver Believed To Be Under The Influence

by Law Offices of Thomas L. Gallivan, PLLC 08 Nov2009

Bronx resident, Leandra Rosado, an 11 year-old student at a Public School in Chelsea died in a car accident on the Henry Hudson Parkway last week. The driver, a friend’s mother, was driving seven girls to her home in the Bronx for a sleepover. The mother, 32 year-old Carmen Huertas, has been charged with vehicular […]

Posted in: Motor Vehicle Accidents, Wrongful Death

Car Accident In Brooklyn (NYC) Kills 32 Year-Old Woman: Driver Charged With Vehicular Manslaughter And DWI

by Law Offices of Thomas L. Gallivan, PLLC 07 Nov2009

Andrew Kelly, a NYPD police officer, has been charged with second degree vehicular manslaughter and Driving While Intoxicated (DWI) after reportedly striking a 32 year-old Brooklyn woman with his car. Officer Kelly also received a ticket for speeding after the incident. The 32 year-old woman was reportedly trying to hail a cab. She died from […]

Posted in: DWI/Criminal, Personal Injury Law

Pedestrian Killed When Driver Accused Of DWI Fails To Stop At A Red Light In The Bronx (NYC)

by Law Offices of Thomas L. Gallivan, PLLC 06 Nov2009

A New York City Police Officer allegedly struck a pedestrian with his car while drunk in the Bronx last week. The accident reportedly occurred on Kingsbridge Avenue in the Bronx. The officer was driving his government issued vehicle when he struck the woman, Drana Nikac, 67, as she crossed the avenue near West 232nd Street […]

Posted in: Motor Vehicle Accidents, Pedestrian Accidents, Personal Injury Law

East Haven Nursing Home In Bronx (NYC) Receives Lowest Rating From CMS

by Law Offices of Thomas L. Gallivan, PLLC 04 Nov2009

The Centers for Medicare and Medicaid Services have given East Haven Nursing & Rehabilitation Center in the Bronx, NY its lowest rating (one out of five stars) due to below average findings in three categories: 1) health inspections, 2) nursing home staffing and 3) quality measures. Based on a June 15, 2009 survey, the Bronx […]

Posted in: Miscellaneous, Nursing Home Violations

Bronx (NYC) Nursing Home Cited For Allowing Resident To Elope For Twelve Hour Period Without Being Noticed

by Law Offices of Thomas L. Gallivan, PLLC 20 Oct2009

Terrace Health Care Center, a Bronx (NYC) nursing home, was cited in a May 27, 2008 survey for failing to supervise and monitor a resident who was able to elope from the facility for a twelve and half hour period without being noted as missing. The resident had a history of illicit drug use and […]

Posted in: Miscellaneous, Nursing Home Violations

Nursing Home Neglects Dying Man

by Law Offices of Thomas L. Gallivan, PLLC 19 Oct2009

93 year-old nursing home resident, Charles Bradley, was allegedly the victim of neglect at Everett Care & Rehabilitation in the winter of 2004. A lawsuit initiated by Bradley’s family claims that staff at the nursing home failed to refer the resident to a physician when an open wound was found on his penis. According to […]

Posted in: Miscellaneous, Nursing Home Violations

Plaintiff Awarded $2.2 Million After Bedsores Develop At Westchester County Hospital

by Law Offices of Thomas L. Gallivan, PLLC 07 Oct2009

A Westchester County jury returned a $2.2 million dollar verdict against Westchester Medical Center located in Valhalla, NY and one of its physicians for allowing Eric Trainor, a 30 year-old quadriplegic and former contractor, to develop bedsores (pressure sores, decubiti) that progressed to Stage IV. Mr. Trainor was involved in a car accident on the […]

Posted in: Medical Malpractice, Pressure Sores

Nathan Miller Center For Nursing Care In White Plains, NY Fined $45,565.00 For Malfunctioning Call Bell System

by Law Offices of Thomas L. Gallivan, PLLC 24 Sep2009

A Westchester County, NY nursing home, Nathan Miller Center for Nursing Care, received a fine from the federal government in the amount of $45,565.00 as a result of findings in a November 24, 2008 inspection. The purpose of the call bell system is to alert staff members to respond to residents who require assistance and/or […]

Posted in: Personal Injury Law, Nursing Home Lawsuits

Elder Abuse Charges Filed In New York Local Court: Nurse Allegedly Ignored Nursing Home Resident’s Pleas For Help

by Law Offices of Thomas L. Gallivan, PLLC 17 Sep2009

A former charge nurse at a Central New York nursing home, Maura Quinn, is alleged to have been involved in the abuse of an elderly resident. She has been formally charged with endangering the welfare of an incompetent or physically disabled person and willful violation of various health laws. All charges were filed following an […]

Posted in: Miscellaneous, Physical Abuse

Bronx Resident Sues Westchester County Nursing Home After Mother Dies From An Infected Bedsore

by Law Offices of Thomas L. Gallivan, PLLC 14 Sep2009

Bronx, NY: A lawsuit has been filed in Bronx County Supreme Court on behalf of Verda Henry, who allegedly developed a bedsore (pressure sore, decubitus ulcer) while a resident at Sutton Park Center For Nursing & Rehabilitation in New Rochelle, NY. Ms. Henry was reportedly admitted to Sutton Place for short-term rehabilitation after she fell […]

Posted in: Miscellaneous, Physical Abuse

Chinese Delivery Man Seriously Injured After Being Struck By FDNY Vehicle In Brooklyn (NYC)

by Law Offices of Thomas L. Gallivan, PLLC 04 Sep2009

Lin Chen, a 36 year-old Chinese food delivery man was critically injured after a head-on collision with an FDNY vehicle in Brooklyn (NYC) in September. He was reportedly driving his scooter at approximately 10 pm when the FDNY truck collided with him at the 51st St. and Seventh Avenue intersection in the Sunset Park section […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Traffic Accidents

Three Families Claim Long Island New York Rehab Facility Failed To Monitor Loved Ones

by Law Offices of Thomas L. Gallivan, PLLC 04 Sep2009

A lawsuit has been filed in Suffolk County, NY alleging that staff at South Oaks Hospital in Amityville, NY failed to properly monitor three of their patients, resulting in the deaths of all three. The lawsuit further alleges that the Hospital staff doctored patient records in order to cover-up the incidents. For additional information regarding […]

Posted in: Falsifying Records, Wrongful Death

New York Nursing Homes Identified As Special Focus Facilities By CMS

by Law Offices of Thomas L. Gallivan, PLLC 02 Sep2009

The Long-Term Care Community Coalition provided me with an updated list of nursing homes, including NY nursing homes, that have been identified as Special Focus Facilities (SFFs) by the Centers for Medicare and Medicaid Services (CMS). The Special Focus Facility program identifies facilities that have exhibited 1) a pattern of quality care problems, 2) more […]

Posted in: Nursing Home Violations, Miscellaneous, Nursing Home Lawsuits

Exposing The Medical Malpractice Myth

by Law Offices of Thomas L. Gallivan, PLLC 01 Sep2009

Tom Baker is a professor of law and health sciences at the University of Pennsylvania School of Law and author of “The Medical Malpractice Myth”. In an August 31, 2009 interview with Anne Underwood of the New York Times, Professor Baker explains, in understandable language, why tort reform would NOT reduce the costs of medical […]

Posted in: Medical Malpractice

Video Clip Explains Importance Of Preventing The Development of Pressure Sores (Bedsores, Pressure Ulcers, Decubiti)

by Law Offices of Thomas L. Gallivan, PLLC 13 Aug2009

This video developed by the American Association of Critical-Care Nurses and Envision Inc. provides an excellent, succinct explanation as to how and why pressure ulcers (pressure sores, bedsores, decubiti) develop and progress. In addition, the video stresses the importance of preventing the development of such sores through attentive nursing and medical care.

Posted in: Pressure Sores

Brief Overview Of New York Public Health Law Section 2801-d

by Law Offices of Thomas L. Gallivan, PLLC 12 Aug2009

New York Public Health Law § 2801-d provides a private statutory cause of action for residents of nursing homes injured as a result of any deprivation of certain “resident’s rights” that cause an injury. This private right of action is cumulative and separate from any other plausible causes of action, such as medical malpractice and/or […]

Posted in: Miscellaneous, Nursing Home Violations

Choking Incident At New York Nursing Home Handled Inappropriately By Staff Causes Death

by Law Offices of Thomas L. Gallivan, PLLC 06 Aug2009

The Crossings, a New York nursing home, was fined $13,300 by the federal government as a result of an incident involving a choking resident. The resident was fed pancakes and sausages, both of which were cut into tiny pieces. Soon thereafter, a nurse’s aide noticed the resident was not breathing and that the resident’s lips […]

Posted in: Nursing Home Violations, Physical Abuse

Closet Falls On 90 Year Old Nun At Rockland County Run Nursing Home

by Law Offices of Thomas L. Gallivan, PLLC 04 Aug2009

A 90 year-old Catholic nun was tragically killed after an unsecured closet fell on her head while she was a resident at Summit Park Nursing Care Center, a Rockland County-run nursing home. Sister Mary suffered from dementia and heart disease. The freestanding wardrobe was not bolted to the wall appropriately. She was found unconscious and […]

Posted in: Miscellaneous, Nursing Home Violations

Rochester New York Nurse Accused Of Elder Abuse

by Law Offices of Thomas L. Gallivan, PLLC 22 Jul2009

A licensed nurse employed by Shore Winds Nursing Home in Rochester, New York has been arrested and charged with rape in the second degree (felony) and endangering the welfare of an incompetent (misdemeanor). The nurse, Kipper Allen Stevens, allegedly had sexual intercourse with a disabled resident. She was arraigned last week. Bail was set at […]

Posted in: Physical Abuse, Sexual Abuse

Ramapo Manor Center For Rehab In Rockland County Receives An Overall Rating Of “Much Below Average”

by Law Offices of Thomas L. Gallivan, PLLC 14 Jul2009

Ramapo Manor Center For Rehabilitation, a Rockland County, New York nursing home, received an overall rating from Medicare inspectors of “much below average.” As we have previously discussed on this site, Medicare rates all New York nursing homes based on three criteria: 1) Health Inspections;2) Nursing Home Staffing; and 3) Quality Measures. After these three […]

Posted in: Falls & Fractures, Nursing Home Lawsuits, Nursing Home Violations, Physical Abuse

Bedsore Leads To Infection and Wrongful Death In Georgia Nursing Home

by Law Offices of Thomas L. Gallivan, PLLC 09 Jul2009

A Georgia jury recently awarded $1,250,000 in a nursing home case to a plaintiff who suffered bedsores (pressure sores, decubiti), weight loss, infection, and eventually death while a resident. The plaintiff-decedent developed a Stage IV bedsore on her buttocks that progreesed to the point where it infected the bone. At trial, the plaintiff introduced evidence […]

Posted in: Infection, Pressure Sores

Abuse At Assisted Living Facility Results In $11,000,000 Jury Verdict

by Law Offices of Thomas L. Gallivan, PLLC 09 Jul2009

An Arizona jury awarded $11,000,000 in damages ($2,000,000 for the decedent, $5,000,000 for his widow, and $4,000,000 in punitive damages) in a case involving outrageous incidents of abuse perpetrated by employees at Liberty Manor Residence, an assisted living facility. The verdict is the highest reported amount awarded to a plaintiff in a case against an […]

Posted in: Miscellaneous

Gold Crest Nursing Home In The Bronx Fined For Substandard Care

by Law Offices of Thomas L. Gallivan, PLLC 06 Jul2009

Gold Crest Care Center in the Bronx, New York was fined $18,712.504 for substandard nursing home care found during an August 28, 2008 inspection. The fine was levied by state inspectors for numerous deficiencies, including an immediate jeopardy finding (the most severe category). A resident suffering from dementia with a history of wandering was allowed […]

Posted in: Miscellaneous, Neglect

Glendale NY Nursing Home Fined For Failing To Toilet Residents

by Law Offices of Thomas L. Gallivan, PLLC 02 Jul2009

Glendale Home, a County run facility in Scotia, NY, was fined $20,800 for neglecting to toilet residents according to a Long-Term-Care Community Coalition report. When investigators interviewed residents at the facility, they were told horror stories about residents soiling themselves and/or evacuating their bowels/bladder in their beds or on the floor when calls for help […]

Posted in: Neglect, Nursing Home Lawsuits, Nursing Home Violations

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" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

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" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

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" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

Colin W.

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