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Brooklyn bus accident claims life of Canarsie woman

By | Car Accidents | No Comments

On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Car Accidents on Tuesday, January 29th, 2013

People sometimes suffer serious, but not life-threatening injuries after car accidents. Sometimes they even walk away. This is not usually true of bus accidents, as a Brooklyn husband learned on Friday under tragic circumstancesw.

A Canarsie man who watched his 47-year-old wife die after she was hit by a bus says that the bus driver went through a stop sign. The man, who had driven his wife to the stop where she caught the B103 express bus to Manhattan, watched as she got out of the car and crossed the street.

“The white charter bus made the left from Avenue K onto 105th St., and didn’t stop at the stop sign,” her husband said. I had my window down, looking. He just turned and hit her.” The woman died underneath the bus before emergency responders arrived. Passengers on the bus were uninjured.

Investigators have found no evidence that the driver violated any traffic laws. However, the woman’s husband said that the driver cowered inside the bus, just like people do when they know they have done something. According to the husband, the driver just stayed in the bus and didn’t get out to see what had happened. A witness reported that she had to knock on the bus door to get the driver’s attention and find out whether he was OK. Nevertheless, police say that they do not expect to charge the driver, although the investigation is ongoing.

The charter bus company is Rides Unlimited, based in Hauppauge. No one there responded to requests for a comment.

The woman who died is the mother of two adult sons who reportedly called her mother every day.

Source: Daily News, “A kiss before dying: Canarsie woman killed in early morning crash,” Jan. 25, 2013.

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Black children more likely to suffer fatal injuries in New York

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Wednesday, September 14th, 2011

In general, children are more susceptible to accidents and injuries than adults. This is primarily because of adults have more experience with and awareness of unsafe conditions and dangerous situations. As children learn and become aware of what is dangerous to them and what is safe, they often become less likely to be injured.

The good news is that according to a recent report, children in New York City are safer than those in other cities. Fewer New York City children die from fatal injuries when compared with the rest of the country. However, a recent report by the Health Department indicates that black New York City children are actually twice as likely to suffer a fatal injury as other children.

The study compiled statistics from fatal injuries from 2001 to 2009. It included 470 children, up to age 12. According to the report, six in 100,000 black children die from fatal injuries in New York City each year. This is twice as many as all other New York City children. But why is there a difference in fatal injuries between black children and all others?

In an effort to try to explain this concerning statistic, the Health Commissioner suggested that black children are more likely to live in housing with safety hazards and be more at risk from premises dangers, such as the lack of window guards.

It may seem like presuming that black children are more likely to live in low-income neighborhoods a stereotype. But what else can explain why black children are more at risk than other children? Are black children more at risk in New York City than black children nationwide, or is this phenomenon particular to New York City?

These are interesting and important questions. All New York City parents should be aware of the potential dangers that surround them in their homes and on the streets. Being aware is one way to prevent serious injuries and deaths. Of course, not all tragedies can be prevented, especially if someone else acts negligently or maliciously and causes a fatal accident. In that situation, families of children who are seriously injured or suffer wrongful deaths can often seek help from an experienced attorney.

Source: New York Daily News, “Black children are twice as likely to die of injuries than all other New York City kids: report,” Kathleen Lucadamo, Sept. 13, 2011

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Female motorist dies in crash along with her mom and grandma

By | Personal Injury | No Comments

On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Saturday, August 27th, 2011

When we are driving on the highway, we know we might face certain dangers. For example, because vehicles are traveling faster, accidents suffered are more likely to involve serious or fatal injuries. Unfortunately, there are also accidents that are caused by things that are completely beyond our control. For example, if we take good care of our vehicles and bring them in for regular maintenance checks, we would not expect a bad tire to cause a fatal accident.

But that is exactly what happened to one family. A woman, her mother and her grandmother all died in the same car accident on an interstate highway on Aug. 21. All three were members of a New York family returning from vacation.

The sole vehicle involved was a 2000 Ford Expedition car. The 22-year-old female driver apparently lost control of the vehicle following the unexpected blow out of a tire on the car’s rear right side. Following that, the SUV reportedly turned over a number of times on the highway.

The driver suffered serious injuries resulting in her death. Her 46-year-old mother and her 71-year-old grandmother, both of whom were passengers in the vehicle, also suffered fatal injuries.

Authorities reported that neither the mother nor the grandmother were wearing their seat belts, causing both of them to be flung from the car during the accident. Five other members of the family also present in the car suffered less serious injuries, for which they were treated at a local hospital.

Source: Reuters, “Three generations of family die in car crash,” Colleen Jenkins, Aug. 21, 2011

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Medical malpractice suit filed after data error caused baby’s death

By | Medical Malpractice | No Comments

On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Medical Malpractice on Thursday, July 14th, 2011

Genesis, a baby born four months premature, died after about six weeks in the hospital because of medical malpractice, specifically a transcription error. The Chief of the Division of Quality and Medical Informatics at Weill Cornell Medical College in New York said that this type of error happens much more than they would like.

A pharmacy technician entered information incorrectly when processing an electronic IV order for the baby, which resulted in a massive sodium chloride overdose. The solution contained more than 60 times more than the amount prescribed by the physician, and it caused the infant’s heart to stop.

After two miscarriages, the hopeful parents named their baby Genesis, wishing for a new beginning. The baby made it through a heart operation in the morning without complications, but later that day the mother was called to the hospital. When she arrived, the medical staff was performing CPR on the infant, and about 40 minutes later he was pronounced dead.

The parents have filed a lawsuit for an unspecified amount of money, citing that the hospital’s actions were the cause of their son’s death. The hospital is pursuing a settlement, and it has apologized for the errors and vowed that similar mistakes will not happen again.

The specific cause of the baby’s death, an incorrectly filled form, is a common clerical error. It can be easily avoided with double-checking, but is also easy to overlook. In addition, it was found that the outermost label on the IV bag was inaccurate. When a blood test showed abnormally high sodium levels, a lab technician then assumed that the reading was inaccurate. This series of events is also under investigation.

Source: Los Angeles Times, “Baby’s death spotlights safety risks linked to computerized systems,” Judith Graham and Cynthia Dizikes, 27 June 2011

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New York road criticized for high number of pedestrian accidents

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Sunday, June 12th, 2011

When pedestrians are crossing the road, it is usually with the expectation that if they follow the traffic laws, they will be safe. However, there are some stretches of road in New York where that is not the case. One local town has been asking for help from the state for quite some time. The stretch of road has been the site of five pedestrian accidents, and it has finally garnered enough attention to bring change.

Anytime a product is created for users, it is the responsibility of the designers to make sure it works properly and that it is safe to use. Roads are no different, and this stretch of road is clearly posing a threat to the individuals who use it.

According to an article from a local New York news station, there are houses all along the road. However, although the speed limit is 45 miles per hour, there are no sidewalks. People are forced to walk in the shoulder, where they are in danger of getting hit by cars.

The road construction may have been okay when it was built, but that is no longer true. The town supervisor said, “We’ve reached that critical mass where we’ve got a lot of people walking, and a lot of traffic and it’s just not a good combination.”

Regardless of the known dangers by local officials and members of the Department of Transportation, there was still no commitment to change the road. The DOT recently told the town that “it would not commit to construction projects because of the cost.”

Since their initial refusal, the DOT agreed to do something to the work. It is not clear whether that means adding a sidewalk, putting in additional signs or reducing the speed limit. Hopefully they do something before more innocent people are injured or killed.

Source: WGRZ, “DOT Leaders Tour Site of Repeated Pedestrian Accidents,” Aaron Saykin, 12 June 2011

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Forward-facing car seats fatal for New York children under two

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Friday, April 1st, 2011

Parents in New York have previously been advised to switch the direction of their children’s car seat after his or her first birthday. However, recent research suggests that this is too soon.

The American Academy of Pediatrics issued a statement last week reporting that children under the age of two were 75 percent less likely to suffer injures in a car accident when their seat was rear-facing.

According to the lead author of the study, children under the age of two do not have fully developed bones in their neck. This means that if they are in forward-facing car seats during accidents, their heads are more likely to fly forward. That type of whiplash can be fatal for young children. When the car seat is facing the rear, the child’s entire body is better supported.

The research also suggests that older children should use a booster seat while riding in the car. Booster seats help ensure seat belts fit properly fit across children’s bodies, increasing their safety in a crash. A booster seat should be used until the child is at least eight years old and more than 4 feet 9 inches tall.

Each change in a child’s seating arrangement – from rear-facing to forward-facing, etc. – decreases the child’s safety. Parents are urged to delay car seat transitions for as long as possible.

Rear-facing car seats are now built to accommodate children weighing more than 40 pounds, helping keep toddlers as safe as possible for as long as possible.

Source: New York Times, “Rear-Facing Car Seats Advised at Least to Age of 2,” Madonna Behen, 21 March 2011

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Firefighter Sues Over Severe Shoulder and Spine Injuries

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On behalf of of Kahn Gordon Timko & Rodriques P.C. posted in Personal Injury on Wednesday, January 19th, 2011

A New York City Firefighter is reportedly bringing a lawsuit against the city and the FDNY for a severe personal injury he suffered fighting a fire in a Great Kills apartment. According to the lawsuit, the firefighter tripped over drug paraphernalia and electrical cords that were part of a marijuana growing operation within the apartment.

The 42-year-old firefighter suffered severe and disabling injuries to his shoulder and spine due to the fall. His injuries will require surgery and are thought to be career ending.

The injuries allegedly occurred after firefighters had responded and put out the fire. After extinguishing the flames, the firefighters were ordered to clean up the drug paraphernalia and drug-growing equipment. During that process, the firefighter bringing the lawsuit slipped and fell after getting tangled in electrical cords.

According to the lawsuit filed in the state Supreme Court in St. George, the firefighter is allowed to sue both the city and the fire department for his injuries because they were caused by a statutory violation – in this case the illegal drug-growing operation going on in the apartment.

In addition, the firefighter is also contending that the city and fire department were also negligent in not providing necessary equipment to help remove the marijuana growing equipment and for not providing a safe means of access into the apartment. The lawsuit reportedly also names the owner of the apartment building as a potential defendant.

The firefighter reportedly comes from a well-known FDNY family with a son currently employed as a firefighter and a brother that suffered fatal injuries while battling a fire several years ago. The city and the FDNY have thus far declined to comment on the lawsuit.

Source: Staten Island Live, Decorated firefighter sues FDNY, city over career-ending injuries, Frank Donnelly 1/17/11

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