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Showing posts with label wrongful death. Show all posts
Showing posts with label wrongful death. Show all posts

Thursday, December 04, 2014

Some Of The Top Warning Signs Of Elder Abuse Are...

When the time comes for our aging loved ones to move into a nursing home or assisted living facility, we are faced with the difficult task of finding just the right place.  We speak with neighbors and friends, ask for professional recommendations, and tour the different facilities.  Even after the most careful search, unforeseen problems can arise.

Most nursing homes and assisted living facilities provide safe, caring environments, staffed by hard-working professionals.  Sometimes, however, problems arise.  Elder abuse is a disturbingly-common problem across the country.  The law protects the safety and dignity of the elderly in these facilities, but to enforce these laws the authorities need to know there is abuse taking place

If you have a loved one in a nursing home or assisted living facility, keep a watchful eye on these 7 warning signs during your visit:

  1. Sudden weight loss or dehydration
  2. Bruises, burns, and other unexplained injuries
  3. Bedsores
  4. Use of restraints
  5. Staff inattention
  6. Unsanitary/unsafe conditions
  7. Financial issues
If you suspect that a loved one has been the victim of elder abuse contact our office immediately at 1-800-669-4878.

Tuesday, October 15, 2013

Robotic Surgery ERROR Cover-up - Thousands Injured or Dead.

In March of  2009, Erin Izumi, a 30 year-old woman from Tacoma, Wash., had robotically assisted surgery to treat endometriosis. The procedure at St. Joseph Medical Center dragged on for almost 11 hours.

A week and a half later, Ms. Izumi was rushed to an emergency room, where physicians found that her colon and rectum had been torn during the surgery. She was in the hospital for five weeks, undergoing a series of corrective procedures to repair the damage, including a temporary colostomy, according to her attorney Chris Otorowski.

But even though medical device manufacturers and hospitals are required to report every device-related death and serious injury to a database maintained by the Food and Drug Administration within 30 days of learning about an incident, no report about the case was made in 2009. Hospital officials declined to comment, and a spokeswoman for the manufacturer said it became aware of the incident only when Ms. Izumi filed a lawsuit. It disputed the claim and settled the case in May 2012.

That was not the only lapse in reporting problems with robotic surgical equipment, a new study has found.
The equipment, called the da Vinci system, is made by Intuitive Surgical Inc. of Sunnyvale, Calif. It has been on the market for more than a decade; more than a million procedures have been performed with it. Between January 2000 and August 2012, thousands of mishaps were reported to the F.D.A. In the vast majority of cases, the patient was not harmed, but among the reports were 174 injuries and 71 deaths related to da Vinci surgery, according to a study published last week in The Journal for Healthcare Quality.

Yet by combing news reports and court records, researchers at Johns Hopkins were able to find examples of botched operations that were not reported to the agency. They concluded that adverse events associated with the da Vinci were “vastly underreported.” The consequence is that little is known of the real disadvantages of the equipment, and the injuries and deaths it may cause, even as robotic surgery is widely marketed to consumers, Dr. Zuckerman said.

Nevertheless, robotic surgery has grown dramatically, increasing more than 400 percent in the United States between 2007 and 2011. About 1,400 da Vinci systems, which cost $1.5 million to $2.5 million, have been purchased by hospitals, according to Intuitive’s investor reports.

The expansion has occurred without proper evaluation and monitoring of the benefits, said Dr. Martin A. Makary, an associate professor of surgery at Johns Hopkins and the senior author of the paper.
“This whole issue is symbolic of a larger problem in American health care, which is the lack of proper evaluation of what we do,” Dr. Makary said. “We adopt expensive new technologies, but we don’t even know what we’re getting for our money — if it’s of good value or harmful.”

A 2010 study found that 56.8 percent of surgeons surveyed anonymously said they had experienced irrecoverable operative malfunctions while using the da Vinci system, Dr. Makary noted.
Women were more likely to be harmed during the robotic procedures, Dr. Makary and his colleagues found. Nearly one-third of deaths that were reported to the F.D.A. database occurred during gynecologic procedures, and 43 percent of the injuries were associated with hysterectomies.
“Any time there is a serious problem with the da Vinci, it should be reported,” Dr. Zuckerman said. “It’s the F.D.A.’s job to figure out whether this is a problem related to the device or a doctor error.”

If you or someone you know has been injured due to a defective medical device or negligence of a doctor call the experienced medical malpractice and defective products attorneys at Buttafuoco & Associates. 1-800-669-4878

Thursday, June 27, 2013

Joseph Beer - Fatal Car Accident that Killed Four Teens


Joseph Beer - car accident on southern state parkway
A Queens teenager seemed dazed in October as he wandered through the aftermath of a deadly car crash that "looked like someone had taken a stick to a piƱata," a state trooper testified Wednesday.

"There was debris everywhere. And body parts. Blood all over the place," said State Trooper Eduardo Arias.

Yet Arias said Joseph Beer, the driver of the car, kept asking, "Are my friends OK?"
Although Beer seemed confused when he asked about his friends, Arias said he was lucid when answering questions about his name, birth date and other facts.

When he brought Beer into an ambulance, the trooper said, he smelled marijuana.
"I asked him if he smoked weed prior to the incident," Arias told prosecutor Michael Bushwack. "He gave me a blank stare. Then I asked again and he said 'Yes.' "

Beer, who now faces aggravated vehicular manslaughter charges in the deaths of his four friends on the Southern State Parkway on Oct. 8, 2012.

Prosecutors have said Beer was high on marijuana and driving more than 110 mph when he lost control of his Subaru Impreza and slammed into trees off the parkway between exits 18 and 17 in Lakeview.
The force of the impact split the sedan in two and the passengers -- Darian Ramnarine, Christopher Khan and Peter Kanhai, all 18, and Neal Rajapa, 17, all from Queens -- were ejected. They were pronounced dead at the scene.

Beer, 18, of South Richmond Hill, Queens, wasn't seriously hurt. He is being held without bail. If convicted of the top charge against him, he will face up to 25 years in prison.

At one point, Greenberg showed Beer photos of the accident scene. The teen slumped over as he looked at them, his hand on his forehead.

Friday, January 18, 2013

Toyota settles first wrongful death lawsuit regarding Sudden Acceleration

Toyota Motor Corp. has settled the first in a group of hundreds of pending wrongful death and personal injury lawsuits stemming from the sudden, unintended acceleration by Toyota vehicles.

Agreement was reached in a case brought by the family of Paul Van Alfen and Charlene Jones Lloyd.

They died when their Toyota Camry slammed into a wall in Utah in 2010.  The financial terms cannot be disclosed at this time.

The remaining lawsuits are not affected by the settlement.

Last month Toyota agreed to a settlement worth more than $1 Billion to resolved hundreds of lawsuit claiming economic losses Toyota owners suffered when the Japanese auto-maker recalled millions of vehicles.

If you or someone you know has suffered injured due to a defected car call the experienced product liability attorneys at Buttafuoco & Associates 1-800-669-4878

Thursday, June 14, 2012

Nursing Home Abuse Statistics

Nursing Home Abuse Statistics
  • 1 out of 3 nursing homes across the country have been cited for nursing home abuse and other related infractions.
  • 11% of nursing homes have been cited for unnecessary dispensing of prescription drugs
  • 1/4 of the aides prosecuted for abusing patients have previous criminal records and 5% of nursing home aides across the nation have criminal records.
  • 1 to 2 million Americans over 65 have been abused, neglected or mistreated by their primary caregiver.
  • In 1999, 5,000 death certificates of nursing home patients listed dehydration, malnutrition, starvation, or bedsores as the cause of death.
  • CNN reports that just over 90% of nursing home facilities are understaffed. These staff shortages lead to increased instances of health problems, neglect, and abuse.
  • Only 16% of elder abuse cases are ever reported, according to the National Elder Abuse Incident Study.

Thursday, January 26, 2012

Bjork Shiley Heart Valve a Ticking Time Bomb


Worldwide, 619 valve fractures have been reported to Shiley with approximately two thirds of the cases resulting in death following the valve fracture. Since 1979 approximately 86,000 BSCC valves have been implanted worldwide with over 40,000 being implanted in America alone.

In 1986 the FDA finally forced the Bjork-Shiley Convexo-Concave heart valve off the market.

If you have suffered injured as a result of a defective heart valve call our experienced New York Heart Valve Attorneys at 1-800-Now-Hurt (1-800-669-4878)

Tuesday, October 25, 2011

What is a Personal Injury Lawsuit?

Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another, but also arises in defamation torts.


The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, accidents in the home, defective products (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.

If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from that party.

Tuesday, September 06, 2011

NJ Amusement Park Accident Sends Teen to Hospital


New Jersey Amusement Park Accident Sends Teen to Hospital

A 13-year-old was hospitalized after a ride partially collapsed at Mariner's Landing Pier in Wildwood last night, police said, the second serious accident at the amusement park in the last three months.

Wildwood police said shortly after 9 p.m., the center mast of the sea dragon ride -- a large pirate ship that swings riders back and forth and high into the air -- snapped while the ride was in motion.


Police said a 13-year-old, who was not identified, was transported to Cape Regional Medical Center for treatment. His or her condition was not immediately released. Four others, who were on the ride, were treated for minor injuries by EMS officials at the scene.


Wildwood police detectives were investigating the incident alongside the New Jersey subcode official of amusement parks.


It was the second ride-related accident to occur at Mariner's Landing Pier during this year's summer beach season. In June, an 11-year-old Pleasantville girl died after falling about 100 feet off of the amusement park's ferris wheel.


Have you suffered a serious injury at an amusement park? Amusement Park Accident?


Buttafuoco & Associates
Personal Injury/Medical Malpractice Lawyers
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www.1800NowHurt.com