Author Archives: Morrison Wagner

Car accident in Long Island, New York kills one passenger and injures two

Police in Long Island, New York report that a car accident over the weekend has killed one of the passengers and injured two others. The most seriously injured person was flown by helicopter to the closest New York trauma center. He was pronounced dead at the hospital. The police who responded to the accident believe that the driver was drunk at the time of the crash. Investigators say this is what caused the one car accident during the early morning hours on Saturday. They report that the man then left the scene of the accident but was caught close to a half-mile away. Police note that it is illegal to leave the scene of an accident with property damage before filing a report with police. However, the seriousness of the charges increases when someone leaves the scene of an accident with injuries and peaks when an accident fatality is involved. Officials say that driving while intoxicated is a form of negligence but can be charged as a felony when causing injury or death. Leaving the scene of the accident may suggest that the driver is aware of his or her guilt in causing the accident. A personal injury lawyer in New York explains that besides the felony charges and probable jail time that the driver faces, he may also face a personal injury lawsuit from the surviving victims and a wrongful death lawsuit from the family of the victim who died in the accident. If you or someone you know were injured in an accident you can speak to an attorney to find out your rights. Details about this fatal car accident are available here.

Medicine not approved by FDA due to safety concerns

The Food and Drug Administration (FDA) has denied the application from a medication manufacturer for their diet medicine due to safety concerns. The FDA is responsible for approving drugs for sale in the U.S. based on safety studies that prove the drug won’t hurt a patient. Public health advocates say that this is important to protect the safety of consumers from dangerous medications and large corporations who rush to market a product before it is sufficiently tested. The hope is that this will prevent a defective product recall that has even been affecting drug companies recently. Johnson and Johnson, the parent company that makes Tylenol, Bendaryl and other recently recalled medications, has been inundated with manufacturing problems that have concerned the public and health officials alike. Many officials complain that the FDA is not even doing enough to monitor the currently approved medications on the market, let alone the new applications that are constantly filed. They feel that public safety must be the first priority but the FDA and drug manufacturers are under pressure from financial investors to approve medicines before they have been proven safe and effective. Some note that the FDA is pressured by political elements that bow to the pressure of pharmaceutical lobby groups. The health advocates warn that this can lead to serious illness and death; leading to negligence lawsuits and even wrongful death lawsuits. Find out more about the recent government denial of a diet drug due to safety concerns here.

Police officer killed at work on Long Island, New York highway

A horrible traffic accident killed a police officer while at work on the Long Island Expressway. The officer was conducting a traffic stop when a truck hit his car from behind. The rear end car accident by a flatbed truck pushed the the police officer’s car under a box truck. Fire rescue and ambulance personnel had to extricate the man before taking him to the emergency room at a local New York hospital. Nassau police say that the truck driver who caused the accident was arrested and was charged in the officer’s death. Road safety experts say that this car accident is not just a police officer dying or being injured on the job but also highlights the dangers of workers who get injured on New York highways and local roads every year. Some have expressed concern that drivers drive too fast and recklessly, which may constitute negligence. In fact, according to a personal injury lawyer, many worker’s comp lawsuits and wrongful death lawsuits stem from dangerous driving that cause work accidents. Officials urge drivers to obey all traffic laws and speed limit signs. They note that the law is harsher on drivers who commit offenses in construction zones and while emergency crews are working on the side of the road. This includes police, fire and EMS workers who are handling emergencies and routine business. You can find out more about the fallen police officer here.

New York Police Department to be sued over alleged wrongful death case during traffic stop

The New York Police Department (NYPD) will soon have a wrongful death lawsuit being filed against it, filed by the wife of a man who died during a routine traffic stop. The case began when police in the Queens borough of New York City stopped an elderly couple to issue the wife a ticket for not wearing a seatbelt. The woman did not have identification with her at the time of the incident so her husband walked the half mile to their house to get the ID. He then walked back to the scene but police had apparently already written the ticket and left. Unfortunately, the 72 year old man soon suffered a massive heart attack and died after getting back in to his car. The lawyers for the widow say that the heart attack was caused by the cruel and unreasonable actions of the police. They allege that the death was caused by the irresponsible actions of those police officers. The victim’s wife claims that the police made her husband walk that distance to get her ID but were negligent to make an elderly man do so. In fact, a police official reportedly said that the police officers “showed poor judgment” in this case. The personal injury and wrongful death lawyers say that this “poor judgment” cost a man his life. More on this wrongful death lawsuit is available here.

Doctor and clinic staff arrested :: Medical malpractice and wrongful death

A doctor and 4 of his staff members have been arrested following a long investigation in to medical malpractice in their medical clinic. The doctor was charged in the deaths of 8 patients, including 7 babies and one mother, during late term abortions. Officials have brought the case through a lengthy grand jury process where the doctor was described as performing abortions when he was not properly trained to do so. He apparently delivered many newborns alive and then killed them while calling it an “abortion.” He would even do this in to the 3rd trimester, which is notably against the law. Advocates say that this practice is not only illegal but is dangerous and leads to unnecessary medical complications. The prosecuting attorneys explain that this is not how an abortion is performed but it is actually murder. Investigators and witnesses also explain that the clinic was not properly run with equipment left dirty and dangerous. Experts note that using improperly sterilized equipment is a form of medical malpractice. The mother who died following one of these abortions apparently died due to an overdose of a sedative used as anesthesia. One of the untrained staff members in the clinic apparently overdosed the patient according to reports. The clinic staff members who were arrested were accused of performing medical procedures or practicing medicine without a proper license. One example of this is the overdose of the patient with anesthesia by an unlicensed staff member who never should have been administering medication. The doctor who ran the clinic was additionally accused of knowingly allowing this to go on. Interestingly, the defense lawyer who initially defended the doctor during the grand jury case has already stepped down. Of note, investigators say they started their investigation in to the clinic based on concern for improper prescribing of narcotics. They only discovered the medical malpractice and other illegal activities by accident. Many consumer advocates complain that the medical board should be investigated as well for not keeping a closer watch on this specific doctor and clinic. In fact, this doctor was sued in at least 10 previous medical malpractice lawsuits and was even reported to the medical board by his malpractice insurance company. A medical malpractice and wrongful death lawyer explained that the malpractice lawsuits in this case may reach past the doctor, his staff and the clinic. The medical board may also be liable for negligence for their inactions in this case. Read more on this developing story here.

New York City :: Delivery truck accident injures driver after it rolls over

A delivery truck rolled over during a motor vehicle accident with a small car in Manhattan, New York. Accident investigators reported that the driver of the truck was injured and taken to a local city hospital. The nature and extent of his injuries from the accident were unclear. The driver of the other car was not taken to the hospital from the scene. Trauma doctors warned that some injuries from a car accident don’t show themselves until hours or even days after the crash. They explain that ambulance personel often explain these possibilities while assessing a patient who refuses care or transport to an emergency room for evaluation. Injury lawyers in New York who specialize with car accidents clarified that when an accident victim refuses care at the scene of an accident or says that they don’t feel any pain have not given up any of their rights to treatment. In fact, when the patient signs a waiver form at the scene of the accident it only releases the ambulance crew from liability. On the other hand, the patient is free and encouraged to see their own doctors or even go to an emergency department if they do experience pain or injuries from the accident. A neurologist who specializes in neck and back pain or spinal cord injuries explained that some patients aren’t even sure if their pain or symptoms are related to the accident. He encourages all accident victims to see a doctor to discuss their symptoms and problems following an accident to find out. To read more on the truck accident in New York check out this site.

New law passed to promote food safety, prevent food poisoning

The Food and Drug Administration (FDA) was given the charge to make food in the United States safer under a new law that was passed this month. The law was signed with the hopes that the government can reduce illness, injury and death from food poisoning. Public advocates warn that our food supply is plagued by dangerous germs, usually bacteria, that cause food poisonings on a regular basis. They say that manufacturers and large industries don’t take the proper precautions to watch out for the safety of consumers. For example, the new law gives the FDA the right to force a company to issue a dangerous product recall if their food does not meet safety inspections. Prior to this law, it was left up to the company to decide on a recall. Advocates say that those decisions were often slow or prevented altogether due to financial reasons without regard to public health. They note that despite the constant news of more food recalls recently, there are many more dangerous food products that should be recalled but aren’t. Personal injury lawyers explain that the decision to recall a product or not is often made on the basis of the financial repercussions. A New York law firm explains that this is a form of negligence. For example, legal and marketing teams may weigh the chances of a lawsuit against the cost of recalling whole lots of their contaminated products. Unfortunately, there are some critics of the new law that worry about the FDA’s ability to enforce it. They say there’s not enough money in the budget to properly enforce the new safety standards and safety decisions may still be left up to large corporations. If you or someone you know has suffered due to the negligence of a company’s inaction, you have the right to consult with a top attorney. You can read up on details of the new food safety law here.

FDA explains the dangers of some "natural" dietary supplements

The Food and Drug Administration (FDA) does not have the same authority to watch over “natural” dietary supplements or vitamins as they do with medicines. Medication manufacturers must clinically prove the effectiveness and safety of drugs that are marketed to consumers in the US. However, a supplement or vitamin is considered a food and is not required to be tested for efficacy or safety. In fact, the companies that market these supplements and vitamins often claim that they are safe simply based on the facts that they are “natural.” They also hide behind simple statements such as: “These statements have not been evaluated by the Food and Drug Administration” or “This product is not intended to diagnose, treat, cure or prevent any disease.” Many health experts warn that despite the deceptive claims of manufacturers, “natural” does not equal safe. The FDA is now trying to fight some of the deceptive advertising used by these manufacturers and marketing companies. It is clear to many consumer advocates that the marketing companies are trying to get consumers to think that their “natural” products are “intended to diagnose, treat, cure or prevent diseases.” The FDA also warns that some of these “all-natural” products in fact have undeclared chemicals or other additives that could pose significant health risks, as in the case of a supplement marketed under the name Rock Hard Extreme. An injury and malpractice lawyer in New York notes that these companies may be committing negligence and are putting consumers at risk due to their deceptive product claims. He notes that people who suffer injury or illness due to these products may file a lawsuit for damages due to corporate negligence. You can catch more about the FDA’s recent warning on the dangers of undeclared additives in dietary supplements here.

Researchers warn of dangers of e-cigarettes and cite them as possible dangerous products

A study published recently warns consumers of the possible dangers of a new technology being marketed to help smokers quit their smoking habit. The maker of e-cigarettes claims that their product can help people quit smoking and that their electronic version is safer. However, the study cites multiple concerns, including the idea that plastics in the electronic cigarette may emit dangerous chemicals and fumes in to the lungs of consumers. They warn that there have been insufficient safety studies on the product. In fact, they report that they are dangerous products because the plastic cartridges have been known to leak. A pulmonary specialist from New York City explained that plastics can give off cancer-causing fumes when heated by the electronic cigarette. New York personal injury lawyers explain that some manufacturers are in such a rush to produce and sell their products because they’re looking for profit. In the process, they leave safety standards on the side of the road, placing consumers at serious risk. If you or someone you know what injured or became ill due to a dangerous product you should speak to a trained attorney to discuss your rights. To catch more details on the e-cigarette study check out this health article.

Dog bites on the rise, children most vulnerable from dog attacks

Two new studies have been published on the threat of dog attacks. The first study was conducted by the Department of Health and Human Services Agency for Healthcare Research and Quality. It documents a rise in the number of dog bites over the past 16 years with emergency department visits. It also notes that more and more of these dog attack victims are requiring admission to a hospital for advanced care. This news is coupled with a study by Professor Vikram Durairaj of the University of Colorado School of Medicine. His study shows that children are most vulnerable from dog attacks and bites. The study reports that dogs most often bite the child’s face and eyes, causing severe & permanent injuries. Certainly, some of these dog bite victims are killed during the attack. Of note was the fact that the dogs involved in these assaults were often the family’s own pet and were classified as good or child friendly dogs. However, this is not always the case. Researchers explain that a dog attack may be a result of negligence on behalf of the owner. They may have let their dog roam free, without a leash, as is required by law in most communities. Many parents complain that dogs are often let loose in a park where children play. Owners who do not control their dogs or other pets can be held liable for their actions and a lawsuit often results. We reported in this column two weeks ago about a dog attack on board a New York area plane. In that incident a dog was let loose on the airplane by its owner and bit 2 victims. If you or someone you know has suffered a dog attack you should speak to an attorney for advice on your legal rights. Read more about the recent rise in dog bites here and the study on children being attacked by dogs here.