Staten Island Injury Law : New York Personal Injury Lawyer & Attorney : Frank Dito : Decker, Decker, Dito & Internicola Law Firm : Traffic Accidents, Transportation Safety

A tragic car crash early Sunday morning took the lives of 19 year old Daniel Peluso of Great Kills and 20 year old Jeffrey Capretta of Woodrow and injured 4 others. Apparently, a Nissan Altima owned by Peluso was being driven by one of the car''s occupants at the time of the accident. The 6, of which only 2 were of the legal drinking age, were coming from the Clubhouse Lounge, a bar on Arthur Kill Road. The car, estimated to be going almost 90 m.p.h., fishtailed and wrapped around a utility pole, ejecting two people from the car.

I can't imagine losing a child and the pain that their families are going through right now is unbearable. My condolences go out to the Peluso and Capretta families in their time of mourning. I hope that the other occupants of the car are not seriously injured and recover quickly, although the mental pain and anguish that they have suffered will most likely never go away.

For those of you that are reading this blog post, please always wear your seat belts, wherever you are sitting in a car. Its not known if seat belt use could have prevented the tragedy that occurred that night but statistics have shown that seat belts save lives; its not open for argument anymore. Don't drink and drive and don't get into a car driven by anyone who has been drinking. It is yours or your child's life that can be at risk. Make sure that they know the dangers. I am not naive enough to believe that we can stop underage drinking but we can make sure that our children know the consequences.

Our children need to be made aware of what can happen when driving a car, without the tragic examples that have become all too common on Staten Island. Speeding, drinking while driving, running red lights and other reckless behavior seems to be an all too common occurrence on Staten Island. Please speak to your children about driving. The conversation that you have with them just may save a life. Do it today before its too late.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A record $677 million verdict against a California nursing home has shaken the "industry" to its core. The verdict was the result of a class action lawsuit representing 32,000 patients against Skilled Healthcare Group, Inc., the corporate owner of 22 nursing homes throughout the State of California. The testimony of Cindy Cool, the daughter of one of the nursing home's patients, was believed to be key to the jury's unprecedented verdict. Ms. Cool testified that it would take upwards of 20 minutes after she called for someone to come and help her to change her father, an Alzheimer's victim, who was wearing urine soaked clothes. Other patients fared much worse, Ms. Cool said.

The verdict has revived calls for tort-reform as another example of "litigation abuse." The calls for tort reform don't show any concern for "patient abuse", or provide a way to stop it.  Unfortunately, healthcare stopped being "health care" a long time ago and has now become big business. Once Wall Street fell in love with nursing homes in the early part of this decade and snatched up their stocks, companies are no longer concerned about the care provided to patients. They must now make sure that their stock price stays high by keeping their bottom line acceptable to Wall Street, at the cost of patient care.

The lawsuit accused Skilled Healthcare of failing to provide a minimum of 3.2 nursing hours per day per patient at their facilities, as required by California law. The 3.2 hour standard should have been easy to meet as federal law requires a minimum of 4.1 nursing hours per day per patient. But still, Skilled Healthcare chose not to meet the California standard. If they could not sustain the minimum hours, they should have refused to accept any more patients or simply hire more nurses. Instead, the company's CEO believes that its nursing homes are appropriately staffed. Those that decry the jury system provide no alternative means to force change upon those that choose not to follow the law. They ask for "caps" on awards, judge trials and reduction in the time that people have to sue but provide no means or mechanism to force companies like Skilled Healthcare to comply with state or federal law. But for this lawsuit, would Skilled Healthcare have changed their standards and hired more skilled staff? As has been demonstrated throughout our history, consumer's bring about real change only when economics forces companies to do so.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The recent accident involving a 4-year old Arden Heights boy underscores the need for back-up cameras to become standard equipment in all cars, especially SUVs.  The website, KidsandCars.org, reported that as many as 62 children could sit on the ground behind some SUVs without being seen by the driver in the rearview mirrors. Most of these "backover" accidents, in which a car backing up strikes a person behind the car, happen in the one place where you would least expect them - in your driveway. At least 100 children are killed each year in driveway backover accidents and another 2,400 are seriously injured the same way.

The blind zones behind new cars and SUV's are shocking. A blind zone is the distance behind the vehicle until the driver can actually see the ground. Consumer reports measured the blind zone (pdf) of a Jeep Commander as an incredible 69 feet! Other SUV's and pickup trucks ranged from 13 feet to 35 feet. These distances are sometimes longer than the driveway the cars are parked in. The good news is that the installation of a backup camera virtually eliminates the blind zone behind the car.

Too often, a back up camera is included as part of a more expensive equipment package that makes a vehicle too costly to afford for many people. However, with the passage of the Kids Transportation Safety Act of 2007, vehicle manufacturers are required to be in compliance with federal rearward visibility standards. Although no technology is mandated to be in compliance with the standards, many manufacturers are providing rear-view cameras as standard equipment in new cars. The inclusion of the technology in new cars helps to reduce the occurrence of backover accidents but it still leaves tens of thousands of cars on Staten Island that are without a camera. These include the Hummer SUVs, large pickup trucks, Jeep Commanders and Cadillac Escalades. Many of these vehicles that are on the road today do not have backup cameras and still pose a great danger to small children and pedestrians walking behind them. Since the federal legislation is not intended to be retroactive, older cars and trucks will be exempt from the new federal standards.

Those who own a car or SUV with restricted rear visibility should consider the installation of an aftermarket backup camera. Backover accidents are a very real danger that does not receive the necessary attention necessary for real change. These cameras, wired or wireless, are cheap, safe and reliable and easy to install. For a price under $100, you could potentially save a life, possibly your own child, from a backover accident. Please consider installing an aftermarket camera if you live on Staten Island.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The economic crisis that has brought about the unprecedented foreclosure rates on Staten Island homes has also brought about unexpected dangers. A foreclosed Sea View house was recently in the news for having a green scum filled swimming pool, with a dead cat floating on top, in the backyard. The home was foreclosed and purchased by Consumer Solutions REO, LLC, a Colorado based company that specializes in purchasing foreclosures. Despite the fact that they have owned the home since September 14, 2009, the pool was allowed to remain filled with water and the overall condition of the property deteriorated. 

The standing water in the pool is a nuisance and hazard for the neighbors surrounding the home. Besides the possibility of West Nile virus-bearing mosquito's breeding in the water, the unkept grounds invite infestation by rats, mice and other bugs. The rodents and pests can work their way into adjoining homes, requiring the expense of an exterminator to control the infestation. The City of New York has cut 57 out of 84 full-time employees from their rat control services.

Also, an abandoned, unsecured house invites children to play, sometimes with deadly consequences. An unattended swimming pool invites children to play around it, creating a danger if they happen to fall in, and possibly providing no way to get themselves out in the absence of a ladder. If you have an abandoned or foreclosed house in your neighborhood that is in need of repair or maintenance, call 311. The City will send out inspectors to determine if the house poses any dangers to area residents. Make sure that your children are aware of the dangers that the backyard pool poses. If the fence surrounding the pool isn't locked, buy a lock and it put it on the fence yourself. The few dollars that you will spend for the lock is such a cheap cost for the peace of mind that it will bring. If the owners of the property are not willing to take responsibility, I would have no problem making sure that my house, and my neighbors, is safe for my children to play outside.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Local streets around Staten Island are being repaved in time for the start of the school season. The repaving involves what is known as milling, which is the removal of multiple layers of asphalt, sometimes a single lane at a time. The milling creates a rough and uneven surface between lanes that last for days at a time. It also removes the lane markers and crosswalks, which makes it very difficult to drive in your lane, which now amounts to a judgment call by drivers.

Hylan Boulevard, a dangerous street even when lane markers are present, is currently undergoing the milling and paving process. When the road is milled a single lane at a time, the difference between the milled surface and paved surface can be as great as 5 inches. When the inside of your car's tires get caught between these surfaces, it is very difficult to steer and takes substantial effort to have all 4 of your tires put back onto an even surface. Sometimes, these differences are not exactly where the lane markers once were. When a car is driving next to another vehicle, and the car's wheels drift off from the paved surface to the milled surface, accidents can result when the cars are drawn together. Accidents also happen when lane markers are removed, especially at night. Since Hylan Boulevard is a multiple-lane street, cars driving may drift into another lane, causing an accident.

Another hidden danger lies in the milled areas that surround manhole covers and gas and water access covers. Since these objects are made to be level with the new pavement, they naturally will rise above the surrounding pavement when milled, creating a dangerous condition for those driving and walking on Hylan Boulevard. I have had cases where a car was actually stopped in its tracks when its chassis hit the ten raised manhole cover on a street awaiting re-pavement. These conditions don't go away over night. Instead, the surfaces remain in that condition for days at a time before they are repaved, which is too long for Staten Island residents. I appreciate the City's attempts to maintain our infrastructure but I feel that getting to the "cure" creates too great a danger.

If you are involved in an accident on a freshly milled roadway, the City of New York may bear some responsibility for your injuries. It is important that you get in touch with a lawyer as your time to file a claim is limited by law.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Staten Island Judge has dismissed a case brought by Island resident Nora Sadowski against the Gateway Cathedral located in Tottenville. Ms. Sadowski was assaulted by a mentally disabled attendee of a Christmas music and dance show held at the Cathedral on December 2, 2006. Ms. Sadowski was seated in front of a group of mentally disabled people who were there to see the show. Soon after the show started, a person behind Ms. Sadowski hit her in the head, in what she described as a "big bang." she was taken to the nurses station and an accident report was filled out. Afterward, Ms. Sadowski was diagnosed with bulging and herniated discs, requiring three surgeries.

A lawsuit was bought on behalf of the Ms. Sadowski against Gateway Cathedral, claiming that the Cathedral failed to exercise reasonable care in preventing the assault from occurring. The attorneys for Gateway Cathedral asked the Judge to dismiss the case, arguing that the event was so sudden and unforeseen that the Cathedral could do nothing to prevent it from occurring. Testimony of the parties involved in the lawsuit showed that no incidents similar to Ms. Sadowski's ever happened inside the Cathedral before. The Judge agreed with the Cathedral's attorneys and dismissed the case, ruling that Gateway Cathedral wasn't legally bound to take special measures to prevent it.

The Judge's ruling was based on the concept of notice. Before someone can be held liable for negligence for a defective or dangerous condition, they must first have received ample notice to correct the defective or dangerous condition or take precautions to prevent an accident from occurring.

Notice is most easily described using the example of a slip and fall on grapes on the floor of a supermarket. When customers are sorting through the produce, loose grapes tend to fall on the floor. Even if a grocery clerk was standing by to sweep every 5 minutes, grapes would still fall to the floor. If a customer slipped and fell on a grape that was just dropped to the floor, the supermarket could not be held liable as they did not have notice of the dangerous condition, namely the grape. If it was shown that the grape that the customer fell on was on the floor for such a long time that the store should have known about it and kept the area clean, then they would have received the required notice and a negligence claim can be brought. This can be proven by describing the grape, most commonly in that it was turning brown as if it was there on the floor for a long time.

If you ever suffer an injury in a supermarket, it is important that you look around and examine what you fell on. Take pictures on your cell phone, make sure that they fill out an accident report (pdf)describing the scene just how you found it. If you don't investigate immediately, all your evidence will be swept away after the store manager calls for a clean up on the aisle where you fell.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Silive is reporting that a police car was involved in a crash with an SUV today in the Eltingville section of Staten Island. No life-threatening injuries were reported but the police officer was transported to the hospital. The facts and circumstances of the accident are unknown at this time, except that a police car was involved.

In New York City, you may be surprised to learn that in order to hold a police vehicle liable for causing the accident, their actions must be "reckless." Courts have held that "mere violations of the rules of the road do not rise to the level of recklessness" to hold an emergency vehicle liable. If an emergency vehicle proceeds through a stop sign or red light without stopping and does not have its lights or sirens on, a jury could conclude that the driver showed a reckless disregard. If the lights and sirens are on, and the police vehicle is in pursuit, courts have held that the driver's behavior is not reckless even if they are speeding (50 m.p.h. on a City street) or fail to stop at a red light or stop sign.

Police vehicles, ambulances and Fire Department vehicles are emergency vehicles as defined in the New York State Vehicle and Traffic Law 114-b when driving in an emergency operation. The courts have held that emergency operation includes pursuing an actual violator of the law, transporting a sick or injured patient or responding to a fire.

When you are involved in an accident with an emergency vehicle, it is very important that you speak with a lawyer as soon as possible. Your lawyer will have to notify the appropriate New York City agency to preserve the records of the emergency call that the vehicle was responding to. These records may help to prove that the emergency vehicle was not in an emergency operation. The City retains these records for a short time and your lawyer must seek to preserve them immediately.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The City of New York is expanding a pilot program that installed countdown clocks at longer intersections, letting pedestrians know how much time they have left to cross the street before the light changes. At intersections with longer crosswalks, pedestrians, especially the elderly, were unable to finish crossing the street before the light changed. Many Staten Island residents know how dangerous intersections, such as Hylan Boulevard and New Dorp Lane, can be if you are still in the street when the light changes. In fact, that intersection was one of the first to be installed under the pilot program because of the high rate of pedestrian/car accidents that occurred at the Staten Island intersection.

Within the next month, 1,500 intersections throughout the City will get the countdown clock. Each year, there are more than 5,000 pedestrian traffic deaths in the United States. The countdown clocks aim to help reduce pedestrian deaths at intersections by letting a pedestrian know just how much time is left to cross so they can make a safer decision whether or not to wait for the next traffic light cycle.

The U.S. Department of Transportation has mandated that countdown timers be installed in certain intersections by December 22, 2013, or sooner if the current equipment needs to be replaced. The City of New York will begin to install the countdown timers this month and will also implement speed reductions to 20 m.p.h. in certain neighborhoods that have high accident rates. Again, as we can't make the driver's safer, we need to find other ways to protect pedestrians. The New York City Pedestrian Study and Safety Action Plan is a major step forward towards protecting the hundreds of thousands of pedestrians that use our roadways each day.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A recent silive article brought to light the dangers involved in storing and using swimming pool chemicals. A Staten Island resident, Salvatore Mannino, recently filed a lawsuit claiming that he suffered severe burns to his body when a product known as pool shock "exploded" as he was adding it to the pool. Pool chemicals are potentially dangerous and should handled with care.

The majority of pool chemicals contain chlorine, which is used for its ability to clear algae and bacteria from the water. While chlorine in its dry state will not explode, accidents happen when people mix together different products containing two different chemicals that are not compatible.  When certain of these chemicals combine with water, an explosion results, which may be powerful enough to cause you severe injuries, including burns, both internal and external, blindness and even fractures. Even putting a pool chemical in a supposedly empty bucket containing another chemical may be enough to cause a dangerous reaction.

When working around the pool, always remember to wear eye protection and gloves. Always add the chemicals to the pool water and not the pool water to the chemical. Adding a small amount water to such a high concentration of chemicals can cause potentially deadly gasses to form and an explosion may result. Read the label carefully and follow all directions when using pool chemicals. Chlorine is corrosive, poisonous and flammable, and can create potentially deadly fumes that have the potential to explode. Never mix chemicals indoors so as to avoid the possibility that any gases produced will concentrate and increase the possibility of an explosion. Also, the gases have the potential to render you unconscious, with possible fatal side effects. Do not mix old chemical with new chemicals, even if they are the same brand. Store all chemicals away from gasoline, paint remover and any other flammable liquids.

Following these basic safety precautions will help to insure that your swimming pool maintenance will be much easier and safer. Please take your time when maintaining your pool - you may prevent injury to yourself and to your family.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

This Sunday, the final part of the groundbreaking "Leandra's Law" is taking effect. Leandra's Law was named after Leandra Rosado, an 11-year old girl who was killed in a drunk driving accident in 2009. Little Leandra was a passenger in a car driven by a family friend, Carmen Huertas, who was drunk at the time, lost control, killing Leandra. The law, described as the toughest in the nation, makes it a felony to drive drunk with a child under 15 years of age in the car. The second part of the law will require that anyone convicted of a DWI, even a first time offender, will be required to install and maintain and ignition interlock that will prevent the car from being started if the driver has been drinking.

My question is what took so long? The bill was stalled in the New York State Senate, where a weaker bill was preferred, until public outcry convinced the legislature that the tougher version needed to become law. If one child could have been saved in the time that the bill was stalled, we are already too late. Who do we protect by not passing the bill? Drunk parents? Bars? Aren't we supposed to protect those that can't protect themselves?

If a parent drives drunk with a young child in their car, they obviously aren't able to make rational decisions. Since they cannot protect the young child, we have to. I haven't looked and don't really want to know the actual numbers of repeat DWI offenders, let alone the number that have caused serious injuries or death to innocent pedestrians, driver's and passengers on a second or third offense. These laws were brought about by the deaths of young children, and hundreds of others who were victims of drunk drivers. We need to move quickly to address the causes of these crimes and how to prevent them. This is only a first step but we have to start somewhere.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An 8-year old Staten Island boy, Tony Li, drowned in a Super 8 Motel swimming pool Monday night in Plattsburgh, New York. The child was swimming in the pool with his older sister, who also didn't know how to swim. Tony somehow found his way from the shallow, 3-foot end to the deeper, 6-foot end of the pool. When he began to flounder, his older sister tried to help but couldn't save him. The boy was pulled from the water and CPR administered but he was unable to be revived.

The news reports have not made clear if a lifeguard was on duty or what signs, if any, were posted warning of the dangers and that there was no lifeguard on duty. In New York City, the Department of Health and Mental Hygiene mandates strict supervision at pool facilities, both for physical safety and water quality. Outside of New York City, a lifeguard is not required to be present. The New York State Attorney General's office and the New York State Department of Health have published a disclaimer for hotel operators titled "Use of Our Swimming Facilities." The disclaimer notifies hotel guests that the pool is not supervised by a lifeguard, instead, they have established a series of safeguards. The best recommendation in the disclaimer is that there is no substitute for adequate supervision. The disclaimer suggests that a minimum of two adults, 18 years of age or older, be present whenever the pool is in use and that children under 16 years of age be accompanied by a parent or guardian. The hotel guest is required to acknowledge the information contained in the disclaimer before being allowed to use the pool.

Please make sure that our children are properly supervised whenever they are in the pool or the ocean. The Centers for Disease Control recommends (pdf) that children, even toddlers and young children, learn to swim. In fact, the New York City Parks Department provides free swimming lessons at local Staten Island pools. Drowning is the leading cause of all deaths for children 1 to 4 years old. In nearly 9 out of 10 child drowning-related deaths, a parent or guardian claimed to be supervising the child. If you are watching your child, don't be distracted by talking with friends, playing cards or other games or even talking on the phone. It only takes 20 seconds for a child to drown. Please give them your undivided attention when swimming by a pool or at the beach. Our children rely on us to protect them.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The Department of Education announced that 8 Staten Island public schools were cleaned of dangerously high levels of polychlorinated biphenyls (PCBs) contained in caulking around the windows and doors. The schools, Bernstein Intermediate, Barnes Intermediate, Morris Intermediate, PS 3, PS 8, PS 32, PS 44 and PS 55, recently had their cleanups completed. The EPA banned the use of PCBs in 1976 but removal of the caulk was not contemplated. Although the EPA requires schools that have PCB levels of 50 parts per million or higher remove the caulk, in another example of classic government decision making, the EPA doesn't require testing! What that means for parents of school children is there is an untold number of schools that could have PCB levels that exceed the EPA threshold and they won't know anything about it. PCB contamination is a larger problem than we have been led to believe.

On January 19, 2010, the City of New York entered into an agreement (pdf) with the EPA to address the risks posed by PCBs in some New York City public schools. The agreement calls for the City to perform testing at 5 public schools to determine the best way to reduce exposure to PCBs in caulk, essentially a "plan for a plan." The City has made no promises to remove the contaminated caulk. Instead, they will look into cleaning the schools, improving ventilation and addressing the the problem of deteriorating PCB laden caulk. There appears to be no overall time frame for the initial testing of the 5 schools, let alone the eventual remediation of New York City's 1,600 public schools.

For those schools that have higher than allowed PCB levels, students will continue to be subject to these toxins while they sit in their classrooms. PCBs are known to affect the immune, reproductive, nervous and endocrine systems and are potentially cancer-causing if they build up in the body over long periods of time. How school children may be affected by long-term exposure to PCBs is unknown. Children may be exposed to PCBs by breathing in dust, touching contaminated caulk directly and putting their hands in their mouths after touching PCB contaminated caulk.

The EPA recommends (pdf) that contaminated schools are cleaned frequently with wet cloths, the use of HEPA filters in vacuums, washing window sills, walls and objects in rooms that have high levels of PCBs and adding exhaust fans. I wouldn't know if the City is following these guidelines but with the recent cuts in school funding, I am sure that they are not. Years ago, asbestos was considered a "miracle" product that many believed caused no harm to the thousands of workers exposed to it. Many claimed that the federal government didn't move fast enough to limit the risks faced by workers exposed to asbestos. Are we going to be faced with the same criticisms tomorrow for not acting fast enough on PCBs in our schools? Unfortunately, we cant benefit from hindsight if our children are injured.

In what I have feared, the City of New York has announced the results of the tests of the first 3 schools to be tested. The results detected PCB in levels above the federal guidelines for long-term exposure. The levels dropped once caulking and old flourescent light fixtures were removed. The remaining 2 schools in the pilot program won't be tested until next year, again possibly exposing New York City public school students to dangerous levels of PCBs.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Staten Islander's awoke this morning to the tragic news of another fatal accident on Hylan Boulevard. A woman was killed when the mini-van she was riding in (it's not yet clear if she was the driver or a passenger) flipped over after colliding with a late model BMW 745i. The woman, Nadwa Fayad, was apparently ejected from the mini-van, which then rolled over on top of her.  The mini-van was making a left turn from Hylan Boulevard onto Stueben Street when the accident happened. The 27-year old driver of the BMW and the other occupants of the mini-van were taken to the hospital with non-life threating injuries.

As I have blogged about numerous times, please always wear your seatbelt, no matter where you are sitting in the car. Almost 40,000 people are killed each year on the nation's roads, about 1/2 of which may be preventable if seat belts were worn. From 1975 - 2007, seatbelt use has saved the lives of over 240,000 people. Seatbelts save lives - its no longer open for debate. Buckling up should be as routine as starting the car before driving.

I tell jurors all the time not to "pre-judge" the case before they hear all the facts. but in this case, it's hard not to pre-judge. We have a young driver, in a very expensive car, with at least 325 horsepower, on Hylan Boulevard, a street more akin to a highway than a "Boulevard." We are all going to think that the BMW was speeding, and that the driver of the mini-van saw him too late. The high rate of speed made it impossible for anyone to avoid the impact.

Last year, this same intersection claimed the life of another Staten Island resident. In fact, residents have labeled this intersection as dangerous and suggest putting in a dedicated left-turning lane. The all too frequent accidents on Staten Island have lead some residents to start their own facebook page, Hylan Boulevard - Staten Island Death Trap, in an effort to help stop the frequent accidents on Staten Island's "Boulevard of Death." Please, we all need to slow down and be aware of what is going on around us. We all drive in a world of too many distractions, causing driver's to lose their focus for a precious few seconds, which can be the difference between avoiding an accident or ending up in tragedy. This Island is over-crowded with too many cars and too many people. This is a combination that all too often results in accidents. Staten Island is no longer a piece of the country like many native residents felt it was. The overall attitude about driving needs to change - its not acceptable to run a red light or speed along Hylan Boulevard, no matter what time it is. There are only so many police officers to go around - the change needs to come from within.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The reports of a fatal accident yesterday on Interstate 44 in Missouri brings the debate about putting seat belts on school buses to the forefront. Missouri law does not require seat belts to be installed on school buses and it is not yet known if seat belts would have even helped.The National Highway Transportation Safety Administration (NHTSA) is on the scene to investigate.

The National Research Council of the National Academy of Sciences released a June 2002 study  (pdf) that attributed the deaths of 5 school aged children per year as passengers. The study only took into account "normal school hours", which means that it covers only 6 hours per day and only through the school year, September 1 through June 15. To me, this study is flawed as those killed in the Missouri bus crash would not have even been included in these statistics. Even the times that were included in the study excluded 9:00 a.m. to 2:00 p.m., a time that includes when most children are on their way to a field trip, usually at some distance from their school. The children in Missouri were on their way to Six Flags Amusement Park and were required to take a highway, where they are exposed to higher speeds and larger, heavier traffic as opposed to residential streets at relatively low speeds.

Many Staten Island parents don't think twice about putting their children on a school bus. And most parents wouldn't put their children into their car without a Child Safety Seat or properly restrained with a lap/shoulder belt. Yet New York law requires seat belts on school buses, but not their use. Instead, they allow school bus passive restraints, known as "compartmentalization", to protect the precious cargo. The bus passenger compartment itself is higher than most of the surrounding traffic, the seat backs are raised and padded and the bus' shell is reinforced. This compartmentalization help to provide "passive" restraint, which simply allows a child to sit down in the seat to be protected. This type of restraint is very effective in frontal impact crashes, but not in a rollover or side impact.

If seat belts were to be installed in a bus, it would have to be a lap/shoulder belt as a lap alone would cause significant abdominal injuries.The cost to retrofit a bus, if possible, would average $1,000.00, BUT would reduce the passenger capacity by 20%. In these budget crunching times, it always comes down to numbers; essentially, how much is a life worth compared to the cost of saving one. As a parent, I know that I couldn't put a price on my child's safety. Maybe its time we look to make our children's bus rides safer and install seat belts and not look to cut costs at safety's expense.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A federal judge has ruled that the attorneys representing thousands of 9/11 First Responders must justify charging their clients interest rates of 6 to 18% on loans that were taken out to help finance their cases. The attorneys took out the loans to help finance the 6-years of litigation that brought about the proposed settlement.

In complex litigation cases, where there are literally thousands of potential claimants, it is common for a law firm to obtain financing to help them prosecute the cases. The New York law firms involved in this suit brought claims on behalf of 10,700 ground zero workers against the City of New York. Although the cases involved a common cause of an injury, exposure to toxins, each plaintiff was required to prove his or her own injury or illness. This required the law firms to obtain medical records of over 10,000 individuals, index them and have them reviewed by a nurse, all the while being charged $.75 per copied page by the medical providers, pursuant to New York State law.

As the case was brought on a contingent fee retainer, the law firms couldn't look to the plaintiffs for any money to help prosecute their own cases. The amount of work involved with over 10,000 individual claimants was extraordinary and the law firms took out loans to help them finance the litigation. It is ethical for an attorney to charge for interest payments if the clients consent in advance. However, the retainer signed by the Ground Zero Workers mentions possible financing but does not specify any amount or rate. Since the interest rate was in some cases as high as 18%, many legal experts believe that the rate should have been specifically disclosed in advance. The actual costs of this litigation were enormous and no one, not the City, the State or the Federal government stepped in.

How does this affect those involved? You will be surprised to learn how much. New York City Police Department Emergency Services Unit Sergeant John Boesch worked more than 600 hours at the World Trade Center site, clearing rubble and searching for survivors. He received an offer to settle of $3,250, the amount that would be awarded to all 9/11 workers who show no illness. After expenses, he would receive $1,322.00, approximately 40% of the total recovery. The law firm received as a legal fee $440.60, less than half of the usual recovery in such cases. The remaining money went to actual expenses to bring the case forward. As this litigation sought to stem thousands of individual cases being brought against the City of New York, one would think that the City, State and Federal governments would do their parts to help lower the payout. However, the courts still charged each plaintiff $255 for court filing fees and more for the use of the court's on-line systems. Interest alone for Boesch's case amounted to over $579, more than the law firm's recovery.

When people first read about the "lawyer's fees" involved, their first reaction is going to be a negative comment about the lawyers. I think the proper comments should be about our government. Congress refused to pass any laws to help compensate the 9/11 Worker's who have suffered these toxic illnesses. The City didn't come to the workers aide. Instead, they dragged the plaintiffs through 6 years of litigation, all the while causing time and money to be wasted. Without these law firms willing to take on millions of dollars of risk, with no guarantee of recovery, where would the Ground Zero workers be now? As Kenneth Feinberg said, take this settlement as it is "preferable to any wishful, unrealistic alternative." Without the lawyers, you could imagine where the workers would be. The government lied to these workers and told them the air was safe. Now they are saying "blame the lawyers", and again refusing to take responsibility.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A recent report brings to light the waste of money that has occurred in the reconstruction of the Goethal's Bridge administration and maintenance complex. In these cash-strapped economic times, the cost of the Port Authority construction project ballooned from $17.9 million to $28 million. The 56% increase in the cost was blamed on a work stoppage necessary when numerous Port Authority worker's complained of exposure to toxins.

The move was not contemplated as the Port Authority tried to save money, at the worker's expense, by leaving them to work at the facility while construction went on around them. The construction was necessary to upgrade the building's HVAC and replacement of the fire alarm system and sprinklers. The areas under construction were blocked off by plastic tarps and fans, but worker's still complained that their uniforms would have dust all over them just from walking down a hallway.

More than 12 Port Authority workers have already filed workers' compensation claims for respiratory illness caused by their exposure to asbestos, lead and other toxic substances released into the air during the construction. About 80 civilian and police employees work out of the facility, which means that there is the potential for many more claims to be filed. Many employees feel that the Port Authority put money ahead of their safety, a charge with the Port Authority denies. Unfortunately, in this current economic climate, the risk to employees is no longer going to be at the forefront of any conversation. It is all too clear that the Port Authority tried to cut corners in this project and placed its workers in a position of danger, unnecessarily exposing them to potentially life-threatening diseases. Ultimately, the true cost of this project won't be known for many years to come.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A lawsuit filed in State Supreme Court in Brooklyn alleges that doctors at New York-Presbyterian Hospital were negligent in their treatment of a 56 year old woman, Klara Geykhman. Geykhman was admitted to the hospital on January 26, 2007 for a routine angiogram and died 3 1/2 hours later from blood loss.

An angiogram is a test that uses a special x-ray camera and contrast dye to take pictures of the blood flow inside an artery, normally to look for a bulge or blockages. A thin tube, called a catheter, is commonly inserted into femoral vein or artery in the groin. The catheter is then guided through the body up to the area that the physician wishes to study. When the catheter reaches the area, a special iodine dye is injected to clearly show the area on an x-ray.

A known possible complication is possible damage to blood vessels as the catheter is threaded through a vein or artery. The tube can puncture the blood vessel,causing a drop in blood pressure and if left untreated, death from blood loss. When Ms. Geykhman was undergoing the procedure, she experienced dizziness and a drop in blood pressure and heart rate. Faced with these symptoms, which indicated a hemorrhage, doctors treated the symptoms as something else. After 3 1/2 hours, and the continuing worsening of her symptoms, Ms. Geykhman passed away. If the doctor's at the hospital performed a simple CT-scan, they would have been able to quickly identify the internal bleeding and save Ms. Geykhman's life.

When mistakes such as these lead to a patient's death, it usually turns out to be caused by a compounding of mistakes that lead to one bad decision after another. It doesn't matter what protocols a hospital has in effect; if they are not followed to the letter, people die. New York-Presbyterian Hospital has the reputation as one of the top hospitals in the country, a mistake of this magnitude cannot be allowed to happen in any hospital, let alone one with such stature. As residents of Staten Island, we have access to the best medical care in the country and expect that when we go into a hospital, we are going to come out. Remember, when you are receiving medical care, it is your right to question the doctor's on the treatment that you are receiving.  As is all too clear, doctor's are not infallible and no procedure, especially one involving the heart, is routine.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The City of New York has implemented new procedures for the in-ambulance treatment of heart attack victims. The procedure, known as therapeutic hypothermia, lowers the patients body temperature  to about 90 degrees by administering cold intravenous fluids immediately after a heart attack. On January 1, 2009, the Fire Department of the City of New York announced that they would begin to take certain heart attacks patients to hospitals that performed therapeutic hypothermia.

When a patient suffers cardiac arrest, the delay in receiving treatment accounts for a majority of the deaths. For those that survive, the lack of oxygen delivered to their brain can cause permanent brain damage while their pulse is restored. By lowering a patients body temperature within 6 hours of cardiac arrest, and keeping it lowered for 24 hours followed by gradual re-warming, the brain's metabolic functions are slowed, reducing brain damage and increasing long-term survivability.

The technique required the careful coordination of emergency medical technicians, nurses, hospitals and doctors and the constant vigilance required to keep the patients body temperature at a consistent level. Now that the technique is being performed in an ambulance en route to a hospital, it has become widely accepted and most area hospitals are equipped to handle therapeutic hypothermia patients. The quick administration of the therapy will help to increase the survival rates of the estimated 2,000 New York City heart attack victims eligible for the treatment.

• Email This
• Print
• Comments
• Trackbacks
• Share Link