Once in a while discussions about injuries resultant from playing Nintendos games are published. Ailments have humorously been labeled "Nintendinitis" and recently more specifically as "Wiiitis," referring to Nintendos Wii video-game system. The Wii games console includes a wireless remote that detects movement in three dimensions for players participating in sports such as tennis, golf, boxing, baseball, and bowling. Wiitis may become a more prevalent problem because adults are more likely to use the Wii than Nintendo. The current issue of The New England Journal of Medicine (Karen A. Eley, M.R.C.S.(Ed)) reports that a 14-year old in Oxford, England was diagnosed as having sustained a small fracture of the base of the fifth metatarsal after falling off of a Wii Fit balance board. The Wii Fit uses a pressure-sensitive board about 2 in. off the ground in the place of handheld
Levine and Slavit, PLLC - Blog
Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx
No Legal Recourse for Injured Teacher Who Faced the Stark Choice Whether To Resign and Abandon Her Class or Continue to Teach in a Dangerous Situation
A New York City public school teacher has a student in her special education class that she believes poses a danger to the safety of her classroom. The student had been verbally and physically aggressive for several months. The students increasing behavioral problems included bringing a knife to school, which resulted in a week's suspension. The student frequently punched, kicked and threw various items at his classmates. He also threatened to kill the teacher, another teacher, and his fellow classmates on numerous occasions. Concerned about the student's behavior and the classroom safety risks it presented,the teacher and her supervisor submitted to the Board's Committee on Special Education a written recommendation to remove the student from plaintiff's classroom and place him in a learning environment better equipped to his highly problematic conduct. The school's supervisor of special education and the principal had both told her that things were being worked
NYC Administration for Children's Services Denied Dismissal of Suit for Wrongful Death of Infant Killed by Mothers Companion
Gotlin v. City of New York, --- N.Y.S.2d ----, 2009 WL 3681839 (Supreme Court, Kings County (October 27, 2009),arises out of the wrongful death of Hailey Gonzalez, an infant, in August 2007 while under the supervision of the New York City Administration for Children's Services (ACS). The plaintiff, Gary D. Gotlin, Richmond County Public Administrator, alleged that Hailey Gonzalez was killed by Edwin Garcia, the companion of her mother, and that ACS, which was charged under a Brooklyn Family Court order with supervising the child's home, had a mountain of evidence confirming that Hailey's mother repeatedly placed herself and her children in extremely dangerous domestic violence situations. It was also alleged that the individual defendants,case-workers or supervisors employed by ACS, and played a substantial role in the events that led to Hailey's death and were grossly negligent.
Taser International Says It Changed Preferred Target Area Not for Safety But To Avoid Giving Plaintiffs Lawyers a Chance to Sue
TASER Training Bulletin 15.0 Regarding Medical Research Update and Revised Warnings, released on October 12, 2009, removed a persons chest from the preferred target area for the 50,000-volt weapon. The bulletin said that hitting a suspect in the chest from the stun guns could cause an "adverse cardiac event." It marks the first time the company has suggested there is any risk of a cardiac arrest related to the use of Tasers. But three days later, Taser International released an addendum to its training bulletin stating that its recommendation has less to do with safety and more to do with effective risk management for law enforcement agencies that is that since (Taser International claims) heart attacks often occurs in arrest situation without the suspect being shocked, why give a plaintiffs
Village Denied Summary Judgment in Domestic Violence Suit Alleging Violation of Due Process Rights by Police Department
Holding a municipality liable in negligence for personal injuries sustained as a result of a third-party is often a difficult task because the plaintiff must show a special relationship between the plaintiff and the police department - a multi-prong test that is difficult to satisfy. The plaintiff circumvented these problems by bringing a 42 U.S.C. 1983 action alleging violation of her Fourteenth Amendment rights to due process. The U.S. Court of Appeals for the Second Circuit held that the victim of domestic abuse alleged sufficient facts from which a jury could find that it had implicitly but affirmatively sanctioned abuse of a wife by her husband in violation of her rights to due process, and that the municipal and certain individual defendants, if found liable, would not be entitled to qualified immunity. In Okin v. Village of Co
Should Television Ads for Chantix Be Required to State That Its Side Effects are the Subject of an FDA Black Box?
Yesterday morning an advertisement for smoking cessation drug Chantix came on my television. The ad featured a man extolling how much better his life is now that Chantix (and support, slips in the ad) has helped him kick his smoking habit. Then an announcer came on and read, for what seemed like an extraordinary time for the disclaimers usually heard on drug commercials, a litany of side-effects and warnings. These warnings included suicidal thoughts, personality changes, and skin rashes. The announcer did not state, however, that many of the side-effects announced are the subject of an FDA-mandated black box warning.
A black box warning is a type of warning that appears on the package insert for prescription drugs that may cause serious adverse effects. A black border usually surrounds the text of the
A Dallas Cowboys scouting assistant paralyzed and a special teams coach whose neck was broken in the May 2, 2009, collapse of the teams practice facility due to high winds filed separate lawsuits against the Pennsylvania-based company that built the structure and several other companies involved in the construction and maintenance. Cowboys scouting assistant Rich Behm was paralyzed from the waist down and 11 others were injured when the structure was toppled in high winds. Special teams coach Joe DeCamillas suffered a broken neck in the collapse. Summit Structures, the company that built the practice facility. Summit, an engineer and five other companies are named in the lawsuits. The suits contend that the structures concrete foundation was improperly constructed and that the practice facility should have been repaired or rebuilt after problems with the design were discovered in 2007. The lawsuits state that the Cowboys were informed that the "design defects i
Suffolk County Nations First County to Ban Electronic Cigarettes from Minors and From Public Indoor Spaces
On August 18, 2009, the Sullolk County Legislature voted to ban electronic cigarettes from public indoor spaces where 'traditional forms of smoking are already disallowed,' but allows adults to use the devices anywhere cigarette smoking is permitted. The bill also bans the sale of e-cigarettes to anyone under the age of 19. The bill has been described as the first of its kind in the nation. It cites the 'unknown' amount of nicotine in the battery-operated devices as presenting a 'significant risk of rapid addiction or overdose.' Suffolk's new law is expected to take effect 90 days after the New York Secretary of State signs the bill in Albany. Electronic cigarettes, also called e-cigarettes, are battery-operated devices that generally contain cartridges filled with nicotine, flavor and other chemicals. The electronic cigarette turns nicotine, which is highly addictive, and other chemicals into a vapor that is inhaled by the user. They deliver nicotine without burni
Four New York Juvenile Detention Centers Use Excessive Force and Restraints, Concludes U.S. Department of Justice
A report of the Civil Rights Division of the Civil Rights Divisions investigation of conditions at four Office of Children and Family Services (OCFS) facilities found conditions violate constitutional standards in the areas of protection from harm and mental health care. The investigation revealed that: 1) staff resort quickly to a high degree of force that is disproportionate to the level of the youths infraction; and 2) the technique employed to restrain a youth results in an excessive number of injuries, including concussions, broken or knocked-out teeth, and spiral fractures. There was even one death. In November 2006, a 15-year-old resident at Tryon Boys died following a prone restraint. The youth allegedly pushed a staff member and was then pinned facedown on the floor and handcuffed by two staff. The youth stopped breathing only minutes later, and then died at a nearby hospital. His death was ruled a homicide by the medical examiner. Despite this death
District Attorney Unsuccessfully Attempts to Prosecute Charges Carrying Maximum Penalty Against Taxi Driver for Fatal Accident
In 2006, Hassan Afzal, was involved in an accident while driving a taxicab on West Street (a/k/a the West Side Highway) in the vicinity of West Houston Street in Manhattan. Mr. Afzal had a history of seizures that he failed to disclose in applications that he filed for a taxi license. In the accident, Danielle Ricci, one of the passengers in the taxi, either exited or was ejected from the cab and was then struck and killed by a second taxi. Three other passengers in the taxi suffered significant injuries while still in the cab when the vehicle struck a building. The People alleged that the accident was caused by a seizure the Defendant suffered. The Defendant denied that he had suffered a seizure at the time of the accident. It was also alleged that the Defendant had a history of seizures and fraudulently failed to disclose this information in applications for a taxi license he file