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Court: Judge influenced malpractice suit

On behalf of Kammholz Messina, LLP posted in Medical Malpractice on Wednesday, May 22, 2013.

A New York appeals court has reversed a verdict that exonerated a physician from a 2011 medical malpractice claim, arguing that the judge in the case acted in appropriately. The judge is accused of interrupting and patronizing the plaintiff's attorney in the case, actions which may have swayed the outcome of the suit. The physician, an employee at the Northern Westchester Hospital Center, was accused of being negligent when inserting a breathing tube in a newborn baby. Jurors in the 2011 case found that the doctor was not liable. The judge had separately dismissed other claims against the hospital itself.

Evidence exists to show that the plaintiff's attorney may have been overly aggressive during the courtroom proceedings, but the judge was still responsible for treating both the defendant and the plaintiff equally during the case. The appeals court ruled that the previous judge acted inappropriately when she told the plaintiff's attorney that his questions were "not very good," among other comments.

Lap band surgeon under fire after deaths

On behalf of Kammholz Messina, LLP posted in Medical Malpractice on Friday, May 17, 2013.

The same clinic that performed New Jersey's Governor Chris Christie's lap-band surgery is now facing a series of medical malpractice claims, according to local news reports. Even though the governor has tried to emphasize the safety of such procedures, at least three patients have died at the clinic, prompting extensive government inspection just three years ago.

One of the victims was just 27 years old, according to reports. She died a few months after having surgery performed by Christie's doctor. Attorneys in the case say the woman's death could have been prevented by better analysis of a simple pre-operation test. The woman's EKG showed some abnormalities, but staff decided to proceed with treatment anyway.

Mother gets $385,000 in daughter's prison death

On behalf of Kammholz Messina, LLP posted in Wrongful Death on Monday, May 6, 2013.

A New York county is being ordered to pay nearly $400,000 for its role in the wrongful death of a pregnant inmate. The woman, who died in 2009, reportedly pleaded for assistance for 14 hours before she died on Nov. 12. The state Supreme Court ruled that the victim's mother should receive $380,000 for the woman's suffering and $5,000 in connection with the wrongful death.

Reports show that the victim had suffered from an ectopic pregnancy that ruptured her internal organs. She began complaining of severe abdominal pain about 14 hours before she perished. A review board found that both a nurse and sheriff's deputy acted irresponsibly throughout the woman's ordeal; the 21-year-old victim did not receive medical attention even though she was vomiting and complaining of serious discomfort.

One dead, two injured after Queens wreck

On behalf of Kammholz Messina, LLP posted in Car Accidents on Thursday, May 2, 2013.

A tragic car accident in Queens, New York, on April 23 killed one victim and severely wounded another. Media reports show that an out—of--control vehicle plowed into an auto—mechanic's shop in the New York borough during the lunch hour, after first striking another vehicle.

The man behind the wheel of the car that was struck rushed into the mechanic's shop after he saw the at-fault Toyota Corolla plow into the building. That driver, along with other bystanders, provided emergency medical aid, but their efforts were not enough to save the life of one mechanic. The Good Samaritans provided tourniquets for another individual whose legs were severely injured; he is said to have lost both of his legs because of the crash. A third victim inside the shop suffered only minor injuries.

Tylenol wrongful death case moved to Philly

On behalf of Kammholz Messina, LLP posted in Wrongful Death on Tuesday, April 23, 2013.

A New York widow who filed a wrongful death claim concerning her husband's Tylenol usage will have the case transferred to a new docket in Philadelphia. The suit was removed and placed in the multidistrict over-the-counter Tylenol litigation list, which will be handled in Pennsylvania for the time being. The woman had filed the suit in December 2010 in a district court in eastern New York, according to media reports.

Information from the suit claims that the woman's husband's use of Extra Strength Tylenol eventually led to his liver failure and unfortunate death. He took the product, which contains the active ingredient acetaminophen, for two months in 2008.

Driver in deadly crash admits cowardice

On behalf of Kammholz Messina, LLP posted in Car Accidents on Wednesday, April 17, 2013.

The 24-year--old Herkimer, New York, man who killed an elderly woman during a high-speed police chase was sentenced to five to eight years' prison time in connection with the fatal car accident. The young man was convicted of manslaughter, according to court records. He also faced charges of second-degree assault and first-degree unlawfully fleeing police.

Authorities report that the man was attempting to evade police after they found him speeding in a school zone. He was afraid to go back to jail, according to courtroom testimony, so the driver began fleeing police in an attempt to avoid capture. The accident in May 2012 happened when the man slammed into an SUV driven by a 65-year--old woman. The driver in that crash was killed, and her sister, the passenger, was injured. The pair had moved from New Jersey just weeks before the crash.

New York hospital faces malpractice suit from former patients

On behalf of Kammholz Messina, LLP posted in Medical Malpractice on Monday, April 8, 2013.

New York's Corning Hospital is accused of reusing a single-use syringe on at least 14 patients, who recently sued the facility and its parent company. While the medical malpractice lawsuit does not specify the amount of compensation the plaintiffs seek, it does ask the court to determine "fair and reasonable" damages.

The claim does not name the nurse who used the potentially infected needles, but asserts that she forced the plaintiffs and other patients to undergo medical tests to determine whether they may have contracted illnesses from the syringes. An attorney with the New York law firm representing the plaintiffs said his clients "are scared to death right now," adding that he and the plaintiffs are shocked that a trained nurse would reuse syringes designed for a single patient.

New York court allow malpractice plaintiff to add claim

On behalf of Kammholz Messina, LLP posted in Medical Malpractice on Thursday, April 4, 2013.

A New York man who sued a hospital for negligent care will be allowed to add an additional claim on his wife's behalf after the statute of limitations for the case has expired, according to a decision recently handed down by an appeals court judge. The statute of limitations for medical malpractice claims is typically 30 months in New York.

The man initially sued the Kings Harbor Multicare Center in 2009 after staff allegedly failed to properly rehabilitate him after surgery, causing him to develop a severe ulcer. He filed to amend the medical malpractice lawsuit in order to include a derivative cause of action for his wife, claiming the medical facility's negligent care led to his wife's "loss of consortium and spousal services." Although the plaintiff requested the amendment seven weeks after the statute of limitations had passed, a judge approved the filing.

Number of fatal speeding crashes up in New York City

On behalf of Kammholz Messina, LLP posted in Car Accidents on Friday, March 29, 2013.

According to New York City's Department of Transportation, the city saw around 65 percent more fatal speeding-related traffic wrecks in 2012 compared to the previous year. The department's commissioner says this jarring uptick illustrates the need for city officials to more aggressively address the problem of speeding in the city, calling the car accidents "preventable tragedies."

The DOT report found that 81 people died due to New York motorists driving at unsafe speeds in 2013, a substantial increase from the 49 speeding-related fatalities recorded in 2011. This suggests that speeding was responsible for just under 30 percent of all the city's traffic deaths in 2012.

Police use red light camera to tie New York man to fatal crash

On behalf of Kammholz Messina, LLP posted in Car Accidents on Thursday, March 21, 2013.

Authorities have arrested a 22-year-old New York man after images captured by a red light camera implicated him in a fatal hit-and-run auto accident. The suspect was detained in a county jail on $5,000 bail. He faces felony charges for leaving the scene of an accident resulting in death. It is unclear whether prosecutors plan to file additional charges against the suspect.

Police say the car crash occurred at around 11:20 p.m. when a car with a collided 37-year-old victim who was pouring gas into the tank of his parked vehicle. The car reportedly fled the scene after the victim was thrown into the roadway. Emergency response personnel transported him to a medical facility with serious injuries, but he died less than an hour after the accident.

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