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Thursday, November 17, 2011

Are Native Americans at Greater Risk for Diabetes?

Native Americans are at a greater risk of having diabetes than anyone. While almost six percent of the U.S. population has some form of this disease, among the Native American populations, that number is twice as high.

Diabetes Among Native Americans

Prevalance of type 2 diabetes among Native Americans in the United States is 12.2% for those over 19 years of age.

One tribe in Arizona has the highest rate of diabetes in the world. About 50% of the adults between the ages of 30 and 64 have diabetes.

Ten to twenty-one percent of all people with diabetes develop kidney disease. In 1995, 27,900 people initiated treatment for end stage renal disease (kidney failure) because of diabetes. Among people with diabetes, the rate of diabetic end stage renal disease is six times higher among Native Americans.

Diabestes is the most frequent cause of non-traumatic lower limb amputations. The risk of a leg amputation is 15 to 40 times greater for a person with diabetes. Each year 54,000 people lose their foot or leg to diabetes. Amputation rates among Native Americans are 3-4 times higher than the general population.

Diabetic retinopathy is a term used for all abnormalities of the small blood vessels of the retina caused by diabetes, such as weakening of blood vessel walls or leakage from blood vessels. Diabetic retinopathy occurs in 18% of Pima Indians and 24.4% of Oklahoma Indians.

The Dangerous Toll of Diabetes

There are 15.7 million or 5.9% of the population in the United States who have diabetes.

While an estimated 10.3 million have been diagnosed, 5.4 million people are not aware that they have the disease.

Each day approximately 2,200 people are diagnosed with diabetes. About 798,000 people will be diagnosed this year.

Diabetes is the seventh leading cause of death in the United States and the sixth-leading cause of death by disease. Based on death certificate data, diabetes contributed to 193,140 deaths in 1996.

Each day approximately 2,200 people are diagnosed with diabetes. About 798,000 people will be diagnosed this year.

Health care and other costs directly related to diabetes treatment, as well as the costs of lost productivity, run $98 billion annually.

Statistics from the American Diabetes Association

Tuesday, November 08, 2011

Transvaginal Mesh Lawsuits Mounting...

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Tuesday, November 01, 2011

LABOR LAW – $1.3 Million Settlement for Fall from Scaffold - spinal injuries

Labor – Fall from Scaffold Results in Spinal Injuries


SETTLEMENT: Zach D. v. City of New York; Perini Corporation v. Nelson Maintenance Services, Inc.

Pltf. Atty: Daniel P. Buttafuoco of Daniel P. Buttafuoco & Associates, P.L.L.C., Woodbury.

Deft. Atty: David E. Potter of Lazare, Potter, Giacovas & Kranjac, L.L.P., Manhattan, for City of New York and Perini Corp.

Jeffiey S. Feinerman of Meiselman, Denlea, Packman & Eberz, P .C., White Plains, for Nelson Maintenance Services.

This case settled just before plaintiff rested for $1,300,000. Plaintiff, a 39-year-old union painter employed by Third-party defendant Nelson Maintenance Services, fell off a double Baker scaffold which collapsed under him while working at the sewage treatment plant at Coney Island in Brooklyn. Defendants contended that the accident did not happen as plaintiff claimed. Plaintiff was granted summary judgment on the issue of liability pursuant to Labor Law §240(1 ).

Injuries: bulging cervical disc at C4-5; bulging lumbar disc at L4-5, with radiculopathy on the right side confirmed by EMG; torn medial and lateral menisci in the right knee requiring arthroscopic surgery and future total knee replacement; mild concussion with post-concussion syndrome and headaches; questionable chip fracture of the right calcaneus. Defendants claimed that the arthroscopic surgery that was performed was a routine operation, and did not result in permanent disability. Defendants also contended that there was no fracture to the calcaneus. Plaintiff claimed that he is unable to work, and he has not returned to work. He claimed lost earnings in the range of $40,000 to $50,000 per year plus benefits. Defendants disputed the extent of plaintiff s lost earnings, claiming that he had a sporadic work history with union earnings of only $20,000. Plaintiff’s vocational rehabilitation expert testified that plaintiff had sustained past lost earnings of $500,000 and future lost earnings of $1,500,000. The judge struck his testimony, finding that there was insufficient factual basis, since no W-2s or tax returns, were provided. Specials: $26,000 for past medical expenses; $200,000 for future medical expenses. Demonstrative evidence: MRIs; EMGs; models of the spine and knee. Settlement apportionment: Perini paid $150,000; Nelson paid $1,000,000, policy coverage, and $150,000 from the State Insurance Fund 1B coverage. Carriers: GAN for Nelson ($1,000,000 policy); St. Paul for Perini.

Pltf. Expert(s): Dr. Irving Friedman, neurologist, Brooklyn; Dr. Ali Guy, physiatrist, Manhattan; Dr. Frank Carr, orth surg., Brooklyn; Stuart Sachnin, Ph.D.,vocational economist, Manhattan, ( testimony striken).

Deft. Expert(s): Defendant would have called Dr. Jerome Block, neurologist, Manhattan; Dr. Aldo Vitale, orth. surg., Brooklyn.