The Cochran Firm Legal Blog
Sunday, April 18, 2010
Birth Injuries in New York, New York
When a doctor, nurse, midwife, anesthesiologist or healthcare facility fails in their obligation to provide adequate care during labor and deliver, or the prenatal and postnatal periods, and the result is a devastating birth injury, the entire family is confronted with a situation they never envisioned.
The tragic outcome of a medical error at this critical time can never be undone, but financial compensation to assist a family struggling to meet the needs of their injured child is available. A medical error during this particular time can cost hundreds of thousands, even millions of dollars, in order to cope with the life-long effects of a birth injury. Birth injuries can mean multiple surgeries, a lifetime of nursing care, recurring medical conditions, limited expectations and other issues that may arise during the infants' lifetime.
The birth injury lawyers at The Cochran Firm are committed to ensuring families get the financial compensation they need to pay for medical bills, nursing care, occupational and physical therapists, medications, durable medical equipment and electronic devises that help them cope with the overwhelming requirements of children with birth injuries.
If you live in the New York area and you suspect medical errors before, during or after the birth of your child caused your child to suffer a birth related injury, please contact the experienced birth injury attorneys at The Cochran Firm today to make sure your child's needs are taken care of now, and in the future, even after you are no longer there to provide that care.
Labels: New York
posted by Benjamin A. Irwin at 10:03 AM
Saturday, March 27, 2010
Medical Malpractice in New York, New York
Medical malpractice can occur anywhere and anytime you or someone you care about is injured as a result of a healthcare professional's negligence. The effects of medical negligence and medical malpractice are often life-altering, long term and can even result in wrongful death, but not every bad result experienced by a patient means that medical malpractice has occurred.
Risks and complications are frequently experienced by patients as a normal course of events in the care and treatment of illnesses, diseases or medical conditions. Most risks and complications are unfortunate and unintended risks of a certain procedure, disease or medical condition and not considered to be medical malpractice.
However, believing you were a victim of medical malpractice and proving it in a court of law is a complicated and challenging task. The medical malpractice attorneys at The Cochran Firm are highly qualified and up to that difficult task. Our medical malpractice attorneys have the medical and legal resources to acquire documentation of the events surrounding the incident of medical malpractice and will retain the most sought after expert witnesses on your behalf to support your allegations of medical negligence and malpractice.
If you believe you or someone you care about was harmed because of the negligence of a healthcare provider and you live in the New York area, please contact our highly skilled medical malpractice attorneys at The Cochran Firm today to protect your legal rights and hold those responsible legally accountable.
Labels: New York
posted by Benjamin A. Irwin at 2:29 PM
Tuesday, March 2, 2010
Automobile Accidents and Defective Vehicles in New York, New York
Defective vehicles can cause accidents that result in catastrophic injuries that may include traumatic brain injuries, spinal cord injuries, amputations, multiple fractures, severe burns and deaths. Automobile manufacturers can be held legally liable for these injuries and deaths when a defective vehicle is involved.
Many automobile accident injuries and deaths are caused by defective vehicles and defective vehicle parts. Automobile manufacturers have a legal and moral obligation to ensure their vehicles are crashworthy and can protect the occupants in the event of a collision. Unfortunately, many vehicles rollover too easily, have inadequate roof supports, defective airbags and seatbelts, faulty ignitions, malfunctioning brakes and gas pedals and other safety defects.
Defective vehicle accident victims are often not aware that a defective vehicle or defective car part may have caused their accident. Indications that a defective vehicle or defective part may have caused your accident is the vehicle rolled over, the roof collapsed, there was a fire or explosion immediately following the crash, a tire failed, the car doors came open during the accident, you were thrown from the vehicle or airbags did not deploy.
The Cochran Firm fights for the rights of our clients and we believe every automobile accident should be investigated to determine if defects in the vehicle caused the accident and contributed to the injuries or wrongful deaths.
If you believe you have been the victim of an accident caused by a defective vehicle, please contact the New York office of The Cochran Firm today to learn how to protect your legal rights and whether you are entitled to financial compensation.
Labels: New York
posted by Benjamin A. Irwin at 9:15 AM
Thursday, January 28, 2010
Train Accidents in New York, New York
Train operators and their employers have an obligation to ensure safe passage for passengers, but train accidents do happen for many reasons, including engineer negligence, poor rail maintenance and operator error.
If a train operator is negligent and fails to deliver passengers in a safe manner, injures motor vehicle occupants in a collision or harms pedestrians, the train operator and train company may be found negligent and legally liable according to the laws of the state of New York.
The most common types of train accidents are collisions with motor vehicles at railroad crossings, collisions between trains, derailments and incidents involving pedestrians. People injured on the New York Subway System are usually injured by slipping and falling and collisions with other subway trains caused by human error.
Train operators and railroad employees have an obligation to the traveling public to protect the safety and well-being of their passengers by maintaining equipment and following all safety regulations and protocols. Defective railroad equipment such as faulty railroad crossing gates and signals, along with train operator error can result in catastrophic injuries and wrongful death.
The laws surrounding New York train accidents are complex, so it is important to have an experienced New York train accident attorney at The Cochran Firm working for you to ensure your rights are protected. Whether you were injured in train or subway accident, The Cochran Firm has the experience and dedication to seek the maximum financial compensation for your injuries and losses.
If you live in the New York area and you were injured in a train or subway accident, please contact The Cochran Firm today for a no cost to you confidential consultation.
Labels: New York
posted by Benjamin A. Irwin at 11:35 AM
Wednesday, January 13, 2010
A Bitter (Orange) Pill to Swallow?
By Farrest Taylor, Esq. and Catherine Walding, Legal Editor
In a country where obesity is an ever-growing problem, the dieting industry is selling a mouthful of dangerous products. Consumers spend a staggering $20 billion each year on dietary supplements in the United States, despite recurring evidence of the dangers of such products when sold over the counter.
Specifically, research conducted by the U.S. Food and Drug Administration confirmed that diet drugs containing ephedra and ephedrine-alkaloid were found “to raise blood pressure and otherwise stress the circulatory system,” possibly causing myocardial infarction, stroke, seizure, cerebrovascular accidents, and/or sudden death. Due to these findings, the FDA banned ephedra and ephedrine containing supplements from unregulated use in 2004.
The result? Synephrine, a derivative of a citrus fruit known as Bitter Orange, Sour Orange, or Zhi Shi. With a molecular structure very similar to ephedra, synephrine is the new chemical of choice for dietary supplements, and manufacturers of supplements containing synephrine claim that they, like those formerly containing ephedra or ephedrine, will also burn fat, increase energy levels, increase metabolism, and promote weight loss. Unfortunately, it appears that the negative side effects of the new supplements are very similar as well. Though not well documented, it is becoming more evident with time that synephrine can be associated with adverse cardiovascular events. A tragic example of this evidence comes from the Texas Heart Institute Journal, which reports a case of a previously healthy 24-year old male who presented to Walter Reed Army Medical Center with a severe myocardial infarction just hours after ingesting a dietary/performance enhancing supplement. The man, who had been using the supplement to enhance to his daily workouts, had no preexisting cardiovascular issues, family history, or history of drug use. He had, however, been taking the supplement, which contained synephrine.
Given the close molecular structure and the growing evidence as to the detrimental effects of supplements that contain synephrine, it is imperative that the FDA involve itself in the regulation of such supplements
Thomas, John E., MD; Munir, Jamalah A., MD; McIntyre, Peter Z., MD; and Ferguson, Michael A., MD; “STEMI after Use of Synephrine Dietary Supplement;” Texas Heart Institute Journal; Volume 36, Number 6, 2009
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/2004/ucm108379.htm
Thomas, John E., MD; Munir, Jamalah A., MD; McIntyre, Peter Z., MD; and Ferguson, Michael A., MD; “STEMI after Use of Synephrine Dietary Supplement;” Texas Heart Institute Journal; Volume 36, Number 6, 2009
Labels: Birmingham, Dothan, Huntsville, Jackson, main, Mobile, New York
posted by Guyg at 3:26 PM
Monday, December 28, 2009
Truck Accidents in New York, New York
According to the United States Department of Transportation there are over 170 people killed in truck accidents on New York roads every year with more than 2,000 people seriously injured. In spite of strict government regulations regarding driver training, truck safety and safety procedures, truck accident injuries and fatalities cause devastation to victims and their families.
Due to the tremendous size and weight of these trucks on the road today, they create enormous amounts of energy as they travel at highway speeds. As a consequence collisions with these trucks cause serious injuries or death to those unfortunate occupants of smaller passenger vehicles involved.
Common causes of truck accidents are overloading or improper loading of cargo, poor tire and equipment maintenance, defective or poorly designed roadways, poor driver training, driver fatigue, unsafe speeds and driving while impaired.
The wide spectrum of possible causes of a truck accident makes determining the cause of a truck accident a difficult job for anyone other than an experienced and knowledgeable truck accident attorney who understands the complexities involved. The Cochran Firm has experts in all fields of truck accident investigation available to assist their clients in obtaining the best possible legal representation when confronting the trucking industry in litigation regarding an accident with one of their trucks.
If you have been in an accident involving a truck in the New York City and surrounding areas, please contact The Cochran Firm today to get the legal representation you deserve.
Labels: New York
posted by Benjamin A. Irwin at 12:57 PM
Tuesday, December 8, 2009
Defective Consumer Products in New York, New York
Product liability laws are designed to protect consumers against negligence so a consumer who is injured by the use of a defective product can receive financial compensation for injuries or damages from the manufacturer or distributor of the defective product.
Damages for defective consumer product injuries can include payment for pain and suffering, disability and disfigurement, lost income, rehabilitation costs and any other expenses incurred as a result of injuries sustained in the use of the defective product.
Defective consumer products are often the cause of the initiation of a wrongful death lawsuit. As an example, defective tires are a well documented cause of a defective product being responsible for a fatal automobile accident. In another tragic example defective toys can maim and kill. Children have been injured or killed due to choking hazards, flammable or sharp toys or toys contaminated with lead.
If you or someone you care about has been injured or killed by the use of a defective consumer product, it is in your best interest to consult a product liability attorney as soon as possible as there is a time limit in filing a claim against the manufacturer or distributor of the defective product.
Please contact the New York, New York office of The Cochran Firm today so the highly skilled and knowledgeable product liability attorneys and their investigative teams can work together to protect your legal rights and get you the financial compensation you deserve.
Labels: New York
posted by Benjamin A. Irwin at 9:23 AM
Monday, December 7, 2009
One Fatality in Brokaw Car Accident
According to initial reports, the Brokaws were in the left lane when they noticed a spool of cable bouncing along the far right lane. At that same time, a driver in a green SUV came up the right lane and tried to avoid hitting the bouncing spool of cable. The driver lost control of her vehicle and slid into the middle lane forcing a mail truck into the Brokaw’s lane. Brokaw hit his brakes and skidded along the median before coming to a full stop.
Being involved in a car accident can be a horrifying experience, especially if someone died in the accident. If you have been involved in a car accident, you may need an experienced automobile accident attorney to help you understand your rights and to acquire any compensation that you may be due.
Please contact The Cochran Firm today, with offices nationwide, to schedule your confidential, no-cost consultation.
posted by Benjamin A. Irwin at 6:18 AM
Thursday, November 5, 2009
Defective Chinese Dry Wall in New York City
Thousands of homeowners across the country who bought homes constructed with defective Chinese dry wall are finding their dreams of homeownership turning into a nightmare. Defective Chinese dry wall emits fumes that smell of rotten eggs and corrode electrical systems, destroy copper piping, televisions, heating and cooling systems, blackens jewelry and silverware and causes pain and suffering to the human body in the form of headaches, respiratory and sinus problems, nosebleeds and eye irritation.
To add insult to injury, the homeowners have discovered that their insurance claims are being denied and they are being told their policies will not be renewed until the defective Chinese dry wall problem is fixed. The removal of the defective Chinese dry wall presents a whole new set of problems, because when it is removed, it emits even more noxious fumes.
During 2004 to 2008 American construction companies imported millions of pounds of Chinese dry wall because it was cheap and plentiful. More than five-hundred million pounds of dry wall from China was imported into this country; enough to build tens of thousands of homes.
The problem of defective Chinese dry wall is a complex problem that involves international companies, builders and insurers. Never before has the need for an experienced defective product attorney like those at The Cochran Firm been so essential.
Please contact The Cochran Firm without delay if you have been affected by imported Chinese dry wall so our experienced attorneys can advise you on how to proceed to protect your legal rights.
Labels: New York
posted by Benjamin A. Irwin at 3:14 PM
Monday, November 2, 2009
Ground Beef Recall
E. coli poisoning can cause bloody diarrhea, dehydration and kidney failure. The tainted meat has been sold at:
ACME
BJ's
Ford Brothers
Giant Food Stores
Price Chopper
Shaw's
Trader Joe's
If you or someone you love has been made ill due to a defective product, please contact the experienced product liability attorneys at The Cochran Firm, with offices nationwide, today.
posted by Benjamin A. Irwin at 11:27 AM
Tuesday, September 29, 2009
Xenical and Alli Weight Loss Drugs, New York, New York
The Food and Drug Administration (FDA) has raised concerns that the popular weight loss drugs, Xenical and Alli containing orlistat, may cause serious liver damage.
Xenical is a prescription medication that contains 120 mg. of orlistat and Alli is an over-the-counter medication that contains 60 mg. of orlistat. Both Xenical and Alli are to be used with a reduced calorie, low-fat diet to produce weight loss.
Xenical is manufactured by Roche Pharmaceuticals and Alli is manufactured by GlaxoSmithKline and together they have generated almost $200 million in sales.
Reports of serious liver damage have surfaced with the use of orlistat including liver failure, with symptoms such as fatigue and weakness, fever, jaundice, abdominal pain, brown urine, nausea and vomiting, loss of appetite and light-colored stools.
If you or someone you know has been diagnosed with liver failure, liver damage, liver inflammation, lesions on the liver or hepatitis after taking the potentially defective drugs Xenical or Alli, you should consult an attorney as you may be entitled to financial compensation for the damage you have suffered.
If you live in New York or the surrounding area and you have taken Xenical or Alli, even if you are not having symptoms at the present time, please contact The Cochran Firm today to learn all you can about this disturbing situation and speak with an experienced defective pharmaceutical attorney, at no cost to you.
Labels: New York
posted by Benjamin A. Irwin at 1:07 PM
Wednesday, August 5, 2009
N.Y. Auto Accident Kills Eight
As she drove on various roads, she straddled the center line, veered from one lane to another, tailgated, flashed her headlights, honked repeatedly, and tried to pass one vehicle by using the highway shoulder area. During this period, six drivers called 9-1-1 to report the dangerous driving.
On the Taconic Parkway, driving on the wrong side of the road, she crashed head-on into a SUV. The three men in that SUV were killed, as were Schuler and all but one of her young passengers. Only her little son survived.
Alcohol and Marijuana
Police investigating the car accident spoke to Schuler's husband who had been camping with her and their children. He had left the campground separately to go on a fishing trip. He said that his wife had appeared fine when she left that morning at about 9:30 a.m. Police also spoke to Schuler's brother, who said that she had called him about 30 minutes before the auto accident to say that she felt unwell and disoriented. Her cell phone was later found at a rest stop.
When Schuler's body was examined her blood alcohol level was found to be 0.19, which is twice the legal limit of 0.08. A large broken vodka bottle was found in the wreckage and the Westchester County Medical Examiner found six grams of undigested alcohol in her stomach. In addition, blood tests showed that she had smoked marijuana somewhere between 15 minutes to an hour before the car crash.
This incident illustrates again the fact that though we call such events "accidents," they are not random or unpredictable. There is always some type of cause that could have been removed if anyone had been there to do it. In this case, six people called 9-1-1 but any follow-up that occurred from that was evidently not prompt enough.
If you have been badly injured by another person's reckless driving, or if you have lost a loved one that way, please contact our office today. We will be glad to schedule a free case evaluation for you.
posted by Benjamin A. Irwin at 12:51 PM
Wednesday, July 29, 2009
Wrongful Death in New York, New York
Wrongful death is a legal term used to describe the death of an individual who has died due to the negligence or misconduct of another individual and that the death entitles the victim's survivors to be financially compensated for their loss.
Of course, it is known that nothing can ever replace a loved one or make amends for that loss. This fact leaves the legal system with only one resource to bring justice and some measure of comfort to the survivors and that is assessing monetary damages on the responsible individual.
Financial compensation in a wrongful death claim may include payment for medical, funeral and burial costs, payment for the deceased's pain and suffering prior to death, loss of financial support for the survivors along with any future earning potential assessed and the pain and suffering of the survivors that is experienced due to their loss.
The laws governing wrongful death claims are very complicated and there are time limits involved in filing a wrongful death claim. An experienced wrongful death attorney has the knowledge to evaluate your claim and assist you through the process of obtaining justice for you and your loved ones.
If you live in New York City or the surrounding area, and you have lost a loved one due to the negligence or misconduct of another individual, please contact an experienced and highly qualified wrongful death attorney at the New York City office of The Cochran Firm today to schedule a confidential consultation, at no cost to you, to discuss the course of action to take to secure your legal rights and get you the financial compensation you deserve.
Labels: New York
posted by Benjamin A. Irwin at 1:44 PM
Tuesday, July 28, 2009
Fatal New York Car Accident Caused by Dangerous Roadway?
On Sunday, a woman driving a minivan with two of her children and three nieces got on the Taconic State Parkway traveling the wrong direction. She hit another car head-on, then went sideways into a third vehicle before rolling down an embankment and bursting into flames. But this car accident was not an isolated incident. It was the second crash that day involving a vehicle traveling the wrong direction on the Taconic State Parkway. Could a defective roadway have contributed to both these crashes and the wrongful death of 8 people, including 4 children?
The Taconic State Parkway was begun in 1927 as the "Bronx Parkway Extension," after the route was approved by the New York State Legislature in 1923. Construction on the highway continued through 1963, linking homes in the scenic New York countryside with New York City. However, rapid population growth along the highway has also dramatically increased traffic. Some communities along the highway saw growth of 25% or more from 1990-2000, and along with them traffic on the highway grew over 200% in one section from 1978-1998. This increased traffic caused the New York State Department of Transportation to launch a program of closing crossings and instituting road improvements in 2002-2003. However, a poll of New York Daily News readers indicates about a 50-50 split on whether the highway is still too dangerous.
Although police are still exploring contributing factors to the fatal crash, including the possibility that the driver was sick and disoriented, the fact remains that old roadways can become extremely dangerous when population growth contributes to increased traffic. If you were injured or lost a loved one in a car accident on a dangerous road, the New York personal injury lawyers at The Cochran Firm are prepared to help you. Contact us today for a free case evaluation.
posted by Benjamin A. Irwin at 8:22 AM
Friday, July 10, 2009
Rear End Collision Car Accidents in New York, New York
The most common type of car accident in this country is the rear end collision. There are over 2.5 million rear end collisions annually in the United States. Consequently, it makes sense that the rear bumper system is an important safety feature on motor vehicles. A superior quality rear bumper is capable of absorbing the force of a low speed rear end collision while an inferior bumper system forces the impact to be absorbed by the occupants of the vehicle.
The human body is not designed to absorb the force of impact in a rear end collision and can suffer serious physical injury in the form of a whiplash injury. Whiplash injury is a common injury suffered in a low impact rear end collision. Whiplash, which is also known as cervical acceleration/deceleration injury, is caused by the sudden, involuntary whipping back and forth of the neck in a rear end collision.
To avoid a rear end collision, be aware of the activity behind you as well as in front when you are driving, always signal lane changes or turns well in advance of the maneuver, keep pace with the traffic and stay away from tailgaters.
If you live in New York City or the surrounding area and you have been involved in a rear end collision, please contact an experienced rear end collision attorney at the New York City office of The Cochran Firm today to schedule a confidential consultation at no cost to you to protect your legal rights and get you the compensation you are entitled to.
Labels: New York
posted by Benjamin A. Irwin at 1:43 PM
Wednesday, June 24, 2009
Premises Liability in New York, New York
Premises liability refers to laws that hold owners of property legally liable for accidents and injuries that happen on their property. Premises liability claims can range from slip, trip and fall accidents to criminal assaults.
Premises liability accidents can be caused by falling objects, a broken sidewalk, a poorly lit pathway or mall parking lot, an injury on an amusement park ride, or a wet public restroom floor.
Determining liability depends on certain factors, such as whether the owner of the property knew of the hazardous or dangerous condition and failed to correct it, or should have known the hazardous or dangerous condition existed and failed to correct it. An experienced premises liability attorney should be consulted to protect your rights and file your claim quickly and efficiently.
Premises liability cases allow compensation for medical expenses, lost income, loss of future earning potential, pain and suffering and in the case of a death, the survivors may be compensated as well.
If you live in New York City or the surrounding area and you were injured because of someone else's negligence, please contact the New York City office of The Cochran Firm today to schedule a confidential consultation with an experienced premises liability attorney at no cost to you to protect your legal rights.
Labels: New York
posted by Benjamin A. Irwin at 2:51 PM
Tuesday, June 9, 2009
Wrongful Death Lawsuit Filed Against New York City Police Department
Two police officers encountered a psychiatric patient who was standing naked on top of a security gate waving around a light bulb. The two offices used a Taser stun-gun to incapacitate the patient after over 30 minutes of trying to coax him off the gate. The stun-gun caused the patient to fall 10 feet to the ground where he landed on his head and suffered fatal injuries.
The mother of the psychiatric patient filed a wrongful death lawsuit against the New York City Police Department and the two officers involved. This lawsuit claims that the officers used the stun-gun against the guidelines set by the police department. The guidelines state that a Taser stun-gun should not be used where someone could fall from a potentially dangerous elevated position.
Wrongful Death
Wrongful death cases usually occur when a person dies due to someone else's negligence. A wrongful death may occur in many situations including:
- Auto Accidents
- Hospital Errors
- Medical Malpractice
- Anesthesia Malpractice
- Emergency Room Errors
If you have lost a loved one due to another's negligence, please contact the wrongful death attorneys at the Cochran Firm's office in New York City today. You are entitled to compensation for your loss.
Labels: New York
posted by Benjamin A. Irwin at 2:49 PM
Tuesday, June 2, 2009
New York Hospitals Seek to Improve Electronic Records
One highly-touted component of health care reform plans is the use of electronic records to reduce medical mistakes that kill tens of thousands of Americans every year. By alerting doctors to potentially dangerous drug combinations, making sure the pharmacist knows which drug the doctor is ordering, and identifying the patient for whom the drug was intended with a photograph, the hope is that the system will reduce medication errors, the most common form of deadly medical malpractice. President Barack Obama has earmarked $20 billion in stimulus money for the computerization of health records.
In promoting and utilizing the new electronic records, a clinic and a hospital in New York are pioneering a path that can help reduce medical mistakes. The two facilities, one in the Bronx, the other in Brooklyn, are considered leaders in the attempt to modernize medical practice.
The attempt to modernize medicine in New York has been ongoing for many years, and last year the New York Health Department launched its Primary Care Information Project, which gave free software and tech support to 200 doctors serving underprivileged communities. Cost is the primary obstacle cited in the reluctance of hospitals to modernize procedures, but in nearly every case, doctors report improved patient care: better care delivered faster.
If you or a loved one suffered a medical error that could easily have been prevented with computerized medical records, you may be eligible for compensation. Get a free case evaluation from the New York medical malpractice lawyers of The Cochran Firm.
posted by Benjamin A. Irwin at 12:21 PM
Friday, May 29, 2009
Construction Site Accidents in New York City
Construction sites are very dangerous places to be. Construction workers are historically and statistically often the victims of serious and sometimes fatal injuries. The Occupational Safety and Health Administration (OSHA), says over one thousand construction workers are killed each year due to construction site accidents.
People other than construction workers have also been injured at construction sites. Machinery or heavy construction equipment just outside the site or debris falling or left on walkways can injure an innocent passer-by.
Construction site injuries are normally very serious and often catastrophic. Falls are the most common accident at a construction site. While forklift accidents, nail gun and welding injuries, electrocution and hazardous substance exposures also play a roll. Some causes of construction site accidents are having inadequate safety procedures in place, defective machinery or equipment or negligence.
Construction site safety is the responsibility of the owners, architects, contractors and manufacturers of the construction machinery and equipment.
If you live in New York City, New York or the surrounding area and you have been injured on a construction site, you should contact the New York City, New York office of The Cochran Firm today to schedule a confidential consultation at no cost to you to learn all about your legal rights.
Labels: New York
posted by Benjamin A. Irwin at 12:18 PM
Thursday, May 28, 2009
New York Hospital Wrongful Death Suit Settled
The family of a psychiatric patient who died on the floor of New York City's Kings County Hospital Center in Brooklyn has settled their wrongful death suit for $2 million. However, the family is still waiting for a full investigation into those who were responsible for the woman's death last summer.
The 49-year-old woman was waiting in the hospital for nearly 24 hours when she collapsed. The surveillance video of the woman thrashing and trying to get up as hospital staff and other patients watch was beamed across the country sparking obvious and understandable outrage. The video shows several security guards and medical staff watching the woman and then walking away. It wasn't until an hour after she stopped moving that a nurse checked the patient's pulse only to find she had died.
Six hospital employees lost their jobs over the incident, but according to the US Department of Justice, it was simply listed among other abuses which occurred at Kings County over time. Investigators state that a pattern of inadequate care, sexual abuse, and violence all took place. Reforms have been made, including replacement of two top administrators and adding 200 medical personnel to the 600 person staff. The average wait time in the psychiatric emergency room was an astounding 27 hours prior to adding staff. However, the wait time is still an uncomfortable eight hours.
If you have lost a loved one due to the negligence of another party, you may be able to file a wrongful death claim. Please contact the experienced wrongful death attorneys at the Cochran Firm for an initial consultation. We serve clients nationwide.
posted by Benjamin A. Irwin at 11:30 AM
Monday, May 18, 2009
Surgical Medical Malpractice in New York City, New York
Half of all medical malpractice cases filed in the United States involve surgeons. These cases involve surgical procedures, pre-operative work-ups and after-surgery recovery. Surgery is never risk free, but a less than perfect surgical outcome that results from surgery that is considered to be below the accepted standard of care and treatment is not a risk, it is surgical malpractice.
Some surgical procedures that are commonly involved in surgical medical malpractice cases are those involving cosmetic surgery, LASIK eye surgery, gastric bypass surgery, back and orthopedic surgery. There are millions of surgical procedures performed every day in this country and a higher than expected rate of errors reported. Errors occur with anesthesia, the wrong part of the body being operated on, the wrong limb being amputated, surgical instruments left in the surgical site and post-surgical infections.
Most surgical errors are the fault of the surgeon, an anesthesiologist's mistake, or negligence on the part of the hospital. The patients and families of patients victimized by surgical medical malpractice should not have to bear the consequences of someone else's mistake alone.
If you live in New York City or the surrounding area and you or a loved one has been the victim of surgical medical malpractice, please contact an experienced surgical medical malpractice attorney at The Cochran Firm's New York City office today to schedule a confidential consultation at no cost to you to learn about your legal rights in this matter.
Labels: New York
posted by Benjamin A. Irwin at 12:18 PM
Thursday, May 14, 2009
NTSB Hearings Continue in New York Airline Crash
The focus on the crash of Flight 3407 near Buffalo, New York continues, and this week the spotlight is on the pilots. Specifically, the media has been pouring over the transcript of the cockpit voice recorder. The National Transportation Safety Board (NTSB) is holding hearings this week in which testimony has been focused on training and fatigue. Basically, they're still trying to piece together those final actions that caused the Continental Connection flight to crash on its final descent and kill 50 people.
It has been revealed that the pilot was a slow learner who passed the tests to fly the craft, but did not have a firm grasp on the plane that crashed the Bombardier Dash 8-Q 400. It has been reported that the pilot hid from Colgan Air that he failed two previous pilot exams in his job application. There were an additional three failed "check rides" with Colgan Air. The cockpit transcript shows he and the copilot violated policy by talking about things other than the flight, especially as they began their landing approach.
The NTSB also reported that the copilot may have been fatigued. She flew through the night from Seattle on connecting Fed Ex flights to get to Newark, New Jersey. She also had a cold, which she probably should have called in sick for. The pilot had almost a full day off before the crash, but slept in the Newark Airport crew lounge, which is against Colgan Air policy. The crew lounge is more a place for napping rather than solid sleep, though this may be debatable.
However, with the crew's actions the focus of the hearings and many victims' families angry, what this may come back to is the rules of Colgan Air. The NTSB has said that many crews on many different flights operate the aircraft fatigued, something that will not sit well with the American public. Another part of the tragedy is the disbelief that the pilot may have been flying an aircraft he was not fully trained to fly. The Wall Street Journal quoted investigators who said the pilot responded incorrectly by overriding an emergency system, which then caused the plane to stall. The reason, according to investigators is that Colgan did not provide flight simulator training that focused on stick-pusher emergencies. Colgan rebutted this, stating the pilot had classroom instruction. Which leads to the question, is classroom training a substitute for flight simulator training, or even for actual flying experience?
The NTSB has yet to announce a cause of the crash. The families of the pilot and copilot believe they may be scapegoated. Perhaps they will be. However, the families of all the victims will continue to wonder if it is the responsibility of the airline to know when to keep inexperienced and fatigued pilots out of their aircraft, or is it the responsibility of the pilots to decide they're not prepared to attempt certain flights.
If you have lost a loved one in an airline disaster, please contact the experienced wrongful death attorneys at the Cochran Firm. We serve clients nationwide.
posted by Benjamin A. Irwin at 9:31 AM
Wednesday, April 22, 2009
Asbestos Lawsuit Against New York City
For ten years, government officials did nothing. The school is for students suffering from autism and emotional disorders and has classes for kindergarten through fifth grade. Now fifty-one of the students and staff at the school have filed a lawsuit against New York City for $500 million.
The gym teacher, one Garry Patrylo, who has taught at the school since 2001, is quoted as saying: “[The city government] had full knowledge of the condition of the building ... and yet they didn't do anything about it. Although some may try to pretend as if this did not happen over the past 10 years, we have not forgotten."
The plaintiffs’ attorney, Ralph DeSimone, has said he will seek a court order for independent testing of the school buildings, something that he states the Education Department has so far not allowed. He is also seeking medical monitoring for the school’s staff and students.
The school’s children have sustained direct harm to their health. DeSimone sees the situation as illustrating “a range of educational practices that discriminate against developmentally challenged children …”
In the summer of 2008, the annex was closed for two weeks for crews to come in and correct some of the hazardous conditions. When it reopened in the fall, city officials promised more funding to pay for further repairs and cleanup. But plaintiffs regard this as too little and too late.
Asbestos Health Dangers
Asbestos fibers become airborne easily and can be breathed in. Being microscopically tiny, they become stuck in the lungs and over time, cause irritation which eventually develops into mesothelioma or asbestosis.
The body is unable to dislodge these fibers because of one of the properties of asbestos -- resistance to chemical change. The body’s blood cells which would normally remove foreign bodies cannot do their job with asbestos fibers and die in the struggle.
If you have been exposed to asbestos and have now been diagnosed with mesothelioma or asbestosis, please contact our personal injury attorneys to learn more about your legal rights and options.
Labels: New York
posted by Benjamin A. Irwin at 3:26 PM
Wednesday, March 25, 2009
Police Reopen Investigation of Staten Island Crash
On February 14th, a Mercedes-Benz collided with a livery cab in the Tompkinsville community of Staten Island. The driver, Mohamed Elnahal, 50, was killed along with his wife, Mervat Saad Ibrahim, 52. A friend of the couple, Nabila Ahmed, 54, was also injured, and remains in stable condition at Richmond University Medical Center in West Brighton. A native of Egypt, Ms. Ahmed was visiting the couple at the time.
While police had previously claimed there was no ongoing pursuit of the Mercedes at the time of the crash, surveillance video has surfaced that shows a police van apparently pursuing a black sedan at high speed, with lights activated. The video was recorded only blocks from the scene of the fatal accident. The surveillance video raises questions about whether a police chase might have been involved in the chain of events that led to this fatal crash. So far, the case remains under investigation, and it will likely be some time before all the details are sorted out.
In the state of New York, it's extremely difficult to prove liability or wrongful death in the case of high-speed police chases, even chases that end in the death or deaths of innocent bystanders. This kind of case can be a serious issue and very difficult and stressful to pursue in court.
The attorneys at The Cochran Firm in New York City, New York specialize in personal injury and wrongful death cases. Don’t be afraid to seek help, even if your case involves possible wrongdoing on the part of law enforcement. Please contact the personal injury and wrongful death attorneys at The Cochran Firm’s New York City office to help you establish your case.
Labels: New York
posted by Benjamin A. Irwin at 12:00 PM
Tuesday, March 24, 2009
Accutane and Federal Preemption of Dangerous Drug Lawsuits
Pharmaceutical injury victims breathed a sigh of relief, because this meant that FDA approval would not serve as a blank check for pharmaceutical companies to profit off a dangerous drug without adequately warning patients or doctors. However, the Supreme Court unfortunately left an open door for drug companies to shield themselves from state-based lawsuits on pharmaceutical injuries.
The Supreme Court stated that because drug companies could unilaterally change labeling to increase warning about dangerous side effects without waiting for the FDA to approve changes, drug companies could be held liable for any potential injuries they knew were a risk and either failed to mention or did not adequately communicate in their labeling. The only way a drug company could protect itself against lawsuits is by including adequate warning in its labels and submitting adequate warning language to the FDA. Whether the FDA approved the warning or rejected it, the application is important.
At least one major piece of litigation has already been affected by this: the case of McCarrell v. Hoffman-La Roche was remanded by the Superior Court of New Jersey for a new trial, partly because of the altered legal climate created by Levine v. Wyeth. In particular, the Superior Court of New Jersey established a standard of proof that Hoffman-La Roche must meet to be protected under the Levine v. Wyeth decision.
The case stems from injuries suffered by Andrew McCarrell, a user of Accutane to control acne, who developed inflammatory bowel disease (IBD) while taking the drug. As a result of his IBD, McCarrell had to have his colon removed, and suffered other serious medical complications. Trial court found in favor of McCarrell, granting a products liability lawsuit claim against Hoffman-La Roche.
The trial court found that Hoffman-La Roche had more than sufficient justification to further investigate the connection between Accutane and IBD and put a strong warning about IBD on the labeling. The first sign occurred during pre-approval testing of the drug, when over 20 % of people taking the drug experienced gastrointestinal side effects. Then, after approval in both the United States and Europe, reports came in associating Accutane use with IBD. In response, Hoffman-La Roche added a generic warning about serious side effects that might begin with "severe stomach pain, diarrhea, rectal bleeding" or other symptoms, and telling patients they should talk to their doctors if they experience them. To doctors, they sent a letter saying that Accutane had been "temporally associated" with IBD. Despite internal data suggesting that there might be a stronger association, and a 1988 recognition that more research should be done, Hoffman-La Roche never conducted any clinical trials or epidemiological studies to determine whether a causal relation existed between Accutane and IBD.
In its appeal, Hoffman-La Roche wanted the Superior Court of New Jersey to throw out the verdict because the state-based tort lawsuit was preempted by federal law. Hoffman-La Roche claimed it could not strengthen the label for Accutane without FDA approval of the text. But, as affirmed by the Supreme Court in Levine v. Wyeth the FDA's "changes being effected" (CBE) system allowed for just such a unilateral action. In following the CBE system, a drug company could "add or strengthen a contraindication, warning, precaution, or adverse reaction," without waiting for FDA approval. The only exception allowed by the Supreme Court is when a drug company could show that it had applied for stronger warnings but had had the warnings rejected by the FDA. Thus, the Superior Court of New Jersey instructed Hoffman-La Roche that, if it wanted to receive preemption protection for its failure to put stronger warnings about IBD on its label, it had to produce evidence that it had applied for stronger warnings, but had them rejected by the FDA.
The outcome of Levine v. Wyeth is actually a win-win situation for those taking potentially dangerous prescription drugs. Either drug companies will see encouragement to report dangerous side effects as soon as these become known, or people injured can pursue lawsuits based on a failure-to-warn argument without having to worry about preemption by weak FDA warnings.
If you have been injured by a dangerous pharmaceutical or any other defective product, you need a firm with nationwide resources to fight the defenses put up by multinational corporations. The lawyers at the New York office of The Cochran Firm are prepared to stand by your side. Schedule a free drug injury lawsuit consultation today.
Labels: New York
posted by Benjamin A. Irwin at 7:44 AM
Thursday, March 12, 2009
Food Contamination—the Cost of Doing Business?
An editorial in the February 17th issue of the New York Times addresses the growing dangers of food contamination. The current peanut scare has been traced to a factory in Georgia owned by the Peanut Corporation of America, where products were contaminated with salmonella. Executives from the company have refused to answer questions in ongoing Congressional hearings. "Is that just a cost of doing business?" one congressman asked pointedly, but no response proved forthcoming.
Reports from the Peanut Corporation of America show serious transgressions in product testing, including re-testing products if they proved contaminated on the first test and shipping product to stores before test results were even received.
The author of the New York Times editorial calls for stricter and swifter action from the FDA to control food processing and to respond when contamination cases arise. Ultimately, though, the fault for this kind of widespread contamination lies not with the government, but with the individual company and those who run it.
If you or a loved one has fallen ill from consuming contaminated peanuts or other food items, you have a right to compensation. With extensive experience in product liability, the highly skilled attorneys at the New York City, New York offices of The Cochran Firm can help. Please contact the experienced product liability attorneys at the New York City office of The Cochran Firm today find out if you are eligible for compensation.
Labels: New York
posted by Erica at 7:38 AM
Thursday, February 5, 2009
New Blogs for Each Cochran Firm Office
Our offices include:
- Atlanta, Georgia
- Birmingham, Alabama
- Chicago, Illinois
- Dallas, Texas
- Detroit, Michigan
- Dothan, Alabama
- Houston, Texas
- Huntsville, Alabama
- Jackson, Mississippi
- Las Vegas, Nevada
- Los Angeles, California
- Memphis, Tennessee
- Metairie, Louisiana
- Miami, Florida
- Minneapolis, Minnesota
- Mobile, Alabama
- New Orleans, Louisiana
- New York City, New York
- Norfolk / Portsmouth, Virginia
- Philadelphia, Pennsylvania
- Raleigh / Durham, North Carolina
- Sacramento, California
- San Francisco/Oakland, California
- San Jose, California
- St. Louis, Missouri
- Tuskegee, Alabama
- Washington D.C.
- The Cochran Firm Latino Section
Labels: Atlanta, Birmingham, Chicago, Dallas, DC, Detroit, Dothan, Houston, Huntsville, Jackson, Las Vegas, Latino, Los Angeles, Memphis, Metairie, Miami, Mobile, New Orleans, New York, Philadelphia
posted by Benjamin A. Irwin at 1:23 PM

