Articles Posted in Bronx

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On 17 March 1979, infant plaintiff was born. Allegedly, infant plaintiff suffered brain damage, a brain injury, as a result of negligent obstetrical care.

Thus, a medical malpractice action was brought by the infant and his father on the basis of the birth injury or birth injury accident.

At an examination before trial, plaintiffs produced the infant’s mother, a nonparty witness.

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In 2005, the family of a woman who had died of lung cancer filed a civil suit against four cigarette manufacturing companies for her untimely death. The family stated that the woman had been enticed to start smoking at just 14 years of age and that she had smoked heavily throughout her life. A New York Injury Lawyer said the suite claimed that cigarette manufactures that were named in the suit had enticed her with attractive advertising that displayed cigarettes as harmless and in some situations in the early years of her addiction, the advertisements portrayed cigarettes as a healthy way to prevent illness.

Her family maintains that she was always concerned about her health and that she had taken several steps over the years to improve her risks based on more advertising by the tobacco companies. When the tobacco companies marketed lite cigarettes, they implied that these cigarettes had less tar and carcinogens than regular cigarettes. She switched to lite cigarettes to be more healthy. The family testified that she had tried unsuccessfully to stop smoking on numerous occasions and that she was not successful because she had become addicted to the cigarettes.

The family further stated that the tobacco companies knowingly manufactured these cigarettes that are dangerous, even though there were less dangerous alternatives that they could have produced. The suit specifically stated documentation that showed that the tobacco companies were aware of several options that could be less hazardous to the health of persons who chose to smoke and negligently dismissed producing them. These options included cigarettes made with coarser tobacco so that less of the tar is ingested. Another option that had been dismissed was manufacturing cigarettes without tar or other chemicals that are specifically dangerous. The family noted that the woman had specifically chosen filtered and lite cigarettes in an attempt to make her habit less damaging to her health. That was used as an example of the strength of her addiction as well as her desire to not harm herself with the use of cigarettes.

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An action for medical malpractice alleges that the medical professionals negligently departed from good and accepted standards of medical/obstetrical care and treatment and failed to give informed consent to a woman during her admission to a University Hospital relating to her pregnancy, labor and delivery of her infant.

It is further claimed that the physicians failed to provide the infant with proper medical care and treatment causing the infant to suffer serious and severe injury. It is claimed that the infant suffered preterm labor, brain damage, cerebral palsy, non-coordination of muscles, global developmental delays, respiratory distress syndrome; persistent pulmonary hypertension, chronic lung disease, translucent membrane disease, abnormally high pigment amount, stomach reflux, pronated lower extremities with difficulty walking, reactive airway disease, cognitive impairment and delays, communicative impairment and delays, difficulty seeing with his left eye, pervasive development disorder, autistic spectrum disorder, loss of enjoyment of life, social-emotional developmental delay, and impaired earning capacity. It is claimed that the infant has been caused to require early intervention services, physical therapy, occupational therapy, speech therapy, and may require custodial care, medical care including therapies and equipment and special residential accommodations and modifications.

A New York Injury Lawyer said it is noted in the University Hospital record that the mother of the child, then a twenty-eight year old female, was admitted with a diagnosis of premature labor, to the service of a female gynecologist. It was her second pregnancy with a prior confidential termination of pregnancy. She was noted to be 33 1/7 weeks pregnant and the infant was estimated to be about five pounds. She complained of feeling pulling in her upper abdomen followed by rupture of the membranes with clear yellow-tinged fluid. Fetal movement was reported well and there was no vaginal bleeding. She had been seen at a town hospital where she was ruled/in for rupture of the membranes and transported to the University Hospital. At the University Hospital, the plan was to monitor her for contractions and if persistent, proceed with medication for at least 48 hours to obtain maximum benefit of steroids for the infant’s lung maturity. The nurse’s note written indicates a family member alerted the nursing staff that the mother was in the bathroom with the umbilical cord hanging out. One nurse placed her hand to relieve pressure on the cord and another nurse called a doctor. She was transferred to the labor and delivery room and an emergent caesarean section was performed. The birth report indicates that a male was delivered. Resuscitation was noted and he was intubated. Uneven chest excursion was noted.

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This is an interesting case being heard in the Kings County Supreme Court that involves the plaintiff, Christopher-Earl Strunk and a number of defendants. Among the defendants for the case are President Barack Obama, along with Vice President Joe Biden, and Senator John McCain. Additional defendants include the Speaker of the House John Boehner, Representative Nancy Pelosi, and Governor Andrew Cuomo, Comptroller Thomas Di Napoli, Attorney General Eric Schneiderman, and billionaires Penny Pritzker, Peter Petersen, and George Soros, as well as six political parties from the state of New York.

Complaint

The plaintiff, Strunk, offers a 45 page document that delivers a number of variations on “birther” cases. The central allegation being made by the plaintiff is that the defendants Senator John McCain and President Barack Obama are not citizens naturally born in the United States of America according to his interpretation of clause 5 of the United States Constitution. A New York Injury Lawyer said the plaintiff declares that the two are involved with the other defendants in a conspiracy to defraud the people of the United States on behalf of the Roman Catholic Church. He offers a lengthy diatribe against all of the defendants as well as the Roman Catholic Church, the Vatican, and the Jesuit Order or Society of Jesus.

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Queens Birth Injury 5

This is a case being heard in the Kings County Family Court. The case involves the children, Justin S., Brandon S., and Shyrelle F., all under the age of eighteen. A New York Injury Lawyer said the case is alleging neglect of the children by the respondent, Wendell S. The children, Brandon and Justin are represented by Michael A. Fiecter. Shyrelle is represented by attorney Kim Ostheimer. Christine Waer, Esq. who is the Special Assistant for the Corporation Counsel Administration of Children’s Services and is seeking charges of neglect. The respondent father is represented by Rhonda Weir, Esq. The non respondent mother is represented by Kim Ostheimer.

Case at Hand

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This is a case of appeal being heard in the Second Department of the Supreme Court Appellate Division. The appellant in the case is Rita Prado. The respondents of the case are the Catholic Medical Center of Brooklyn and Queens, Inc. et al.

Case History

The plaintiff is appealing a verdict from a medical malpractice suit that was heard in the Queens County Supreme Court. The original verdict made by the Supreme Court was in favor of the defendants, granting a summary judgment in the case. A New York Injury Lawyer said the complaint made by the plaintiff was dismissed.

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This case involves the plaintiff Siobhan Dennehy, who is the adminstratrix for the estate of Victor Pauta who is deceased versus the McGraw Hudson Construction Corporation and owner of 340 Madison. The McGraw Hudson Construction Corporation is also the plaintiff against the third party defendants All State Interior Demolition and High Rise Hoisting and Scaffolding. Additionally, a New York Injury Lawyer said the All State Interior Demolition Inc and High Rise Hoisting and Scaffolding are second third party plaintiffs against Site Safety LLC, the third party defendants.

Case History

The decedent of the plaintiff, Victor Pauta, worked construction and lived in Queens County. On the 21st of June, 2005, he fell from a scaffold while working at 340 Madison Avenue, located in midtown Manhattan. He suffered injuries to his back and neck from the fall and later died as a result.

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Birth Injury 129

The plaintiffs of the case are Alexander Perez and Invannia Mieses- Perez. The defendants of the case are the University Hospital of Columbia and Cornell, Nicole Rodney, Jack Maidman M.D., Kimberly Mathis M.D., Sharmilee Bansal M.D., and Joshua Holden M.D. The case is being heard in the State of New York Supreme Court.

Case History

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Plaintiffs file a complaint raising a variety of civil rights claims under federal and state law against the County of Albany, the Albany County Department of Social Services (“DSS”), the Commissioner of DSS in his official capacity, and three other caseworkers.

A New York Injury Lawyer said the center of each of the claims is the fact that for the first five years of the child’s life, his father, plaintiff-one, was not only denied custody of his child, but also, for the most part, unsupervised visitation. Over this five-year period, to gain child custody, plaintiff-one was required to undergo drug assessments, drug screenings, drug rehabilitation programs, psychological and mental health evaluations, parenting classes, supervision in his interactions with his child, the burden of protracted Family Court litigation and continual governmental interference with his right to parent his child all in the absence of proof that he was, or had ever been, an unfit, neglectful or abusive parent to his son (or any other child).

Defendants move for summary judgment dismissing the complaint and argue that plaintiffs’ claims are foreclosed by various immunities, including: judicial immunity; discretionary function immunity; qualified immunity; and immunity for the reporting of suspected child abuse or neglect. Further, defendants contend that they are entitled to summary judgment on the merits of the various constitutional and statutory claims asserted by plaintiffs. One of the defendants also argues that service upon him of the complaint and summons have not been made, therefore, the Court lacks jurisdiction over him.

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A ten year old boy studying at a Jewish elementary School in Kings County was supposed to stay in the classroom but he slipped out. A New York Injury Lawyer said he met his younger brother in the hallway near the stairs. They played and horsed around. While they were doing so, the ten year old boy had a slip and fall down the stairs during which he sustained injury. His parents sued the school on two basis: their failure to duly supervise their child and for their responsibility to keep their premises safe for the students.

The parents and the school asked the teacher in charge of the ten year old boy to execute a statement detailing what he knew and observed on the day of the boy’s slip and fall. He testified lonthat the boy had slipped out unnoticed from the classroom prior to the accident; but the boy also managed to obtain permission to leave the classroom on several occasions prior to the accident so that the teacher cannot now remember if the boy had obtained his permission to leave the classroom on the day of his accident.

The Court ruled that this statement of the boy’s teacher cannot be considered as evidence in admissible form as it was not signed or sworn to before a person authorized to administer oaths.

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