2009 February | www.newyorkinjuries.com

Family Member a Victim of Nursing Home Neglect or Abuse? Bush Administration Rule Makes It Harder to Get the Information

February 28, 2009

With little notice and without a public comment period, a Bush administration change in federal rules on nursing home inspections will have the practical effect of forcing litigants to go to greater lengths, including seeking court orders, to get inspection reports or depositions for cases they are pursuing or defending. The new rule generally prohibits state health departments and contractors from participating in private lawsuits involving facilities that are in the federal assistance program. The rule accomplishes this by reclassifying state employees who inspect nursing homes for the federal government as federal employees who are not allowed to provide “privileged” information or documents to the public without approval from the head of the Centers for Medicare and Medicaid Services. (more…)

Posted under: Consumer Issues, Dangerous Products, Nursing Home Neglect/Abuse | Comments (2)

Fatal Fire Brings to Light Deficiencies in Fire Hydrant Inspection Requirements

February 26, 2009

On February 2, 2009, Amy Yeung perished in an apartment fire in Selden, New York. Firefighters reported that a lack of water pressure in the fire hydrant in her private community, Village in the Woods, made it more difficult to put out the blaze, and forced them to call for two water tankers from neighboring fire departments. This tragedy exposed a deficiency in the inspections of fire hydrants in private communities. >

Posted under: Events, Personal Injury | Comments (0)

1789 Law and Nuremburg Code Intersect to Permit Claims To Proceed Against Pfizer For Conducting Medical Experimentation Without Consent

February 23, 2009

The Alien Tort Statute, 28 U.S.C. §1350, a 1789 law, gives foreigners the right to raise tort claims in federal court to vindicate violations of ‘the laws of nations.’ The 10-principle Nuremberg Code was formulated as part of a war crimes trial conducted after World War II in which 15 doctors were convicted of crimes against humanity for conducting unconsented experiments. Seven of the doctors were sentenced to death. The 1789 law and the 20th Century Nuremberg Code intertwined recently as the U.S. Court of Appeals for the Second Circuit revived Nigerian families’ damage claims for billions of dollars against Pfizer for allegedly secretly testing a new drug in a Nigerian hospital during a 1996 meningitis outbreak. (more…)

Posted under: Children's Safety, Civil Practice, Dangerous Products, Pharmaceuticals | Comments (0)

Greener Traffic Management (In Theory)

February 20, 2009

Congress’ boosting in 2007 of fuel economy standards to 35 miles per gallon by 2020 should not be the only way the government can improve fuel economy, cut greenhouse gases and boost safety. So contends Joseph D. Younger in an article “5 Ways to Turn Traffic Greener” published in AAA’s Car & Travel magazine. The article suggests 5 ways that state, local and federal governments can do to make everyday driving environmentally friendlier. (more…)

Posted under: Motor vehicle accidents Comments Off

Using Hands-Free Cell Phone While Driving No Less a Danger Than Using Hand-Held Phone

February 17, 2009

The congressionally chartered National Safety Council is advocating for the first time a total ban on cell phone use while driving, including hands-free use, saying the practice is clearly dangerous and leads to fatalities. States should ban drivers from using hand-held and hands-free cell phones, and businesses should prohibit employees from using cell phones while driving on the job. The problem is not where your hands are, but where your brain is. (more…)

Posted under: Health & Science, Motor vehicle accidents Comments Off

Court Rebuffs Attempt to Dilute New Childrens’ Products Safety Law

February 13, 2009

Last year was a record-setter when it came to recalls and warnings about dangerous children’s toys, especially lead paint laden toys imported from China. In response to the much-publicized controversy, Congress strengthened the Consumer Product Safety Act of 1972 (“CPSA”) to prohibit the sale and distribution of children’s toy or child care articles containing excessive levels of toxic substances beginning on February 10th, 2009. Almost incredibly, the agency charged with enforcing the CPSA, the General Counsel of the United States Consumer Product Safety Commission (the “Commission”), actually tried to weaken the enforcement of the law by issuing an advisory opinion letter that would have permitted the sale of toxic items after February 10, 2009, if the products were manufactured prior to that date. U.S. District Court Judge Paul G. Gardephe of the Southern District of New York would hear none of that in National Resources Defense Council, Inc. and Public Citizen, Inc. v. U.S. Consumer Product Safety Commission, No. 08 Civ. 10507(PGG) Feb. 5, 2009. (more…)

Posted under: Children's Safety, Children's Toys, Consumer Issues, Dangerous Products Comments Off