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Protecting the Public

Wednesday, January 23rd, 2013

Police officers have difficult and dangerous jobs. Above all else — even more important than apprehending criminals — police are tasked with ensuring public safety. Police agencies must train officers to not engage in actions that place innocent people in danger.

Innocent people were endagered outside the Empire State Building in August of last year during a shootout between police and a gunman. Fortunately, no pedestrians were killed by the 16 bullets police fired, but nine were injured by police bullets.

One of those pedestrians has filed a lawsuit against the police department, alleging the officers were not properly trained and should have confronted the suspect in a quiet area to minimize danger – not on a crowded sidewalk in front of a world-famous tourist destination. (more…)

Chew on This: Consequences of Dog Bites on Children More Impactful Than You Think

Wednesday, August 15th, 2012

The scars of dog bite attacks go much further than skin deep. Many dog bite victims will attest that the psychological damage nearly always outlasts the physical healing process. For children, it may be even worse.

Half of the 800,000 Americans who need medical attention for dog bites each year are children, according to the Centers for Disease Control and Prevention (CDC). The age range most at risk for dog bites is 5 to 9 years. For children of these ages to suffer a dog bite means that, if untreated, they could suffer the psychological repercussions of the attack for the next 80 years or more.

As attorneys who represent dog bite victims, we always fight for our clients to receive compensation not only for hospital bills but also for their physical and emotional suffering. Why do we fight for compensation that exceeds the medical costs of fixing physical damage caused by the dog bite? What must be taken into account is the lasting emotional damage inflicted by a dog attack, particularly when the victim is a child. Long-term costs of counseling are going to add up, and the child deserves some sort of recompense for being the innocent victim of a dog owner’s negligence.

Doctors at the University of Cincinnati surveyed families of pediatric dog bite victims and found that more than 70% of parents noted at least one concerning behavioral change in their child after the attack. Below, we discuss the long-term damage a dog attack may have on a child and what to do in case of an incident.

What is the emotional impact of a dog bite attack on a child?

Intense Fear

The CDC notes that nearly 66% of injuries among children ages 4 years and under are to the head or neck region.

Child psychiatrist, R. Larry Schmitt, M.D., states on the Doggone Safe website, “Such attacks equate to that of a bear attack on an adult, in terms of the shock, overwhelming fear and residual stress. The emotional impact on the child and the adult is huge.”

Dr. Schmitt paints a revealing picture. (more…)

Beware of Brain Injuries On-the-Job

Wednesday, June 13th, 2012
  • In New York State, 2,000 people die, 18,000 are hospitalized and 82,000 visit the emergency room due to a traumatic brain injury (TBI).
  • Work-related incidents account for 15% of the more than 1.7 million new brain injuries each year in the U.S., totaling at least 255,000 cases nationwide, according to the Neurologic Rehabilitation Institute (NRI).

Workplace incidents that result in traumatic brain injury (TBI) can permanently disable or even take the life of a victim. As a leading law firm in New York State, we believe it’s our responsibility to ensure that our fellow New Yorkers know their rights when it comes to a traumatic brain injuries that occur in the workplace.

We compiled this information to help TBI victims and their families deal with the aftermath of a workplace brain injury by answering 8 of the most frequently asked questions:

What are common causes of workplace brain injuries?

(more…)

Bus Accident Kills 15 and Critically Injures Many

Monday, March 14th, 2011

A tour bus was involved in a horrific accident on March 12, killing nearly half of the passengers and severely injuring many more. Authorities say this devastating crash is the worst loss of life in New York City since the crash of an American Airlines jet in Queens in November of 2001.

The death toll reached 15, with 13 killed instantly and two others dying later from injuries sustained in the crash. The driver and 18 passengers were injured, five of them critically. The scene of the accident was grisly, with at least one of the passengers decapitated and severed limbs among both survivors and deceased.

The bus, en route at about 5:30 a.m from the Mohegan Sun casino in Uncasville, Connecticut to Manhattan’s Chinatown neighborhood, was traveling on Interstate-95, a major highway in the Bronx. According to the bus driver, Ophadell Williams, the tour bus was in the right hand lane, and a tractor-trailer passing in the center lane clipped the bus. In an effort to evade the truck, Williams swerved causing the bus to hit the guardrail, topple over, and skid along for 300 feet. The real devastation occurred when the bus careened into a support post for a highway sign. The pole entered through the front window and, due to the bus’s velocity, sheared through the entire length of the bus, cutting through the seating area along the passenger window line and peeling the whole roof off. (more…)

No Recourse for Military Medical Malpractice Victims

Sunday, May 31st, 2009

Astonishingly, federal law prohibits members of the armed forces and their family members from collecting damages in cases of personal injury and medical malpractice against other culpable armed service members or the federal government under a law called the Feres Doctrine. Herein, the details of this law are explored and case studies illuminate the shocking consequences of an unjust law. (more…)

Obama Nominates Sonia Sotomayorfor Supreme Court

Saturday, May 30th, 2009

On May 26, 2009, White House Officials announced President Obama’s decision to nominate US Court of Appeals judge Sonia Sotomayor to replace retiring Justice David H Souter in the Supreme Court. This nomination is receiving a great deal of media publicity at this crucial political and economic time. With so many people concerned about decisive issues such as abortion rights, the death penalty, gay rights, and national security, any newcomer to the Supreme Court is likely to wield considerable influence over the course of our legal landscape in the decades to come.

Who is Sonia Sotomayor?

Sonia Sotomayor, born in the New York City borough of the Bronx in 1954, has worked tirelessly in the legal profession for over 30 years. As a former New York City District Attorney prosecutor and private practice attorney, Sotomayor joined the US Federal Court system in 1992 when she became the youngest and first Puerto Rican American to become a judge for the US District Court. She later became a judge for the US Court of Appeals and is now under consideration for a Justice position with the US Supreme Court, the highest court in our nation.

Sotomayor Timeline

June 23, 1954       Sonia Sotomayor is born in the Bronx, New York
1962                         Diagnosed with diabetes at age 8
1976                         Graduates from Princeton University summa cum laude
1979                         Receives her JD at Yale and serves as Editor of Yale Law School
Journal
Early                        1980s serves as a prosecutor for Manhattan District Attorney’s office
1983                         Divorced
1984                         Enters private legal practice
1992                         Became the youngest person and the first Puerto Rican
American to be appointed as a United States District Court
judge for the Southern District of New York
1998                        Began serving as a judge for the United States Court of Appeals for the Second Circuit
May 2009             President Barack Obama nominates Sotomayor for the Supreme Court, to replace retiring judge David H Souter.

Considered neither an extreme liberal nor a crusader, Sotomayor has earned a reputation as an astute, outspoken, fearless, and sometimes sharp-tongued judge who is unswayed by powerful political interests.

With regards to predicting her views on major current issues, it is unclear where Sotomayor may side on matters such as abortion, gay marriage, and big business. Some abortion rights activists feel Sotomayor may not be a reliable vote to assure that Roe v Wade is upheld at this moment when the nation is deeply divided over abortion and its legality. Lawyers and scholars say they are unable to clearly place Sotomayor as either pro or anti-business.

Primer on the Supreme Court

The Supreme Court, the highest judicial body in the US, consists of nine Supreme Court Justices including one Chief Justice. All Justices are nominated by the President, confirmed by a Senate majority, and serve for life. In contemporary times, once a judge has been nominated a Senate Judiciary Committee forms to conduct hearings, question nominees, and determine their suitability. Following their confirmation hearings, the Committee votes on whether the nomination should go to the full Senate with a positive, negative or neutral report. While it is possible for a President to withdrawal his nomination of a candidate if he feels the nominee will not be confirmed, historically the Senate usually confirms a President’s nominee.

Current Supreme Court Justices

The current Supreme Court bench is composed of nine justices:

1. Chief Justice John Roberts (age 54)- nominated by GW Bush
2. Justice John Paul Stevens (89)- nominated by Ford
3. Justice Antonin Scalia (73)- nominated by Reagan
4. Justice Anthony Kennedy (72)- nominated by Reagan
5. Justice Clarence Thomas (60)- nominated by GHW Bush
6. Justice Ruth Bader Ginsburg (76)- nominated by Clinton
7. Justice Stephen Breyer (70)- nominated by Clinton
8. Justice Samuel Alito (59) – nominated by GW Bush
9. Justice David Souter (69) – nominated by GHW Bush

The Sotomayor Nomination

If Sotomayor is confirmed, she will be the first Latina woman to ever serve on the Supreme Court. This fact has Conservative critics in a sticky position as they attempt to weigh the price of aggressive opposition to the first Hispanic Supreme Court nominee at a time when they are trying so desperately to appeal to Hispanic voters.
Furthermore, if confirmed, Sotomayor will be one of two women currently serving on the Supreme Court and the third woman ever two fill this position.