Levine and Slavit, PLLC - Blog
Personal Injury Attorneys - Manhattan, Brooklyn, Queens, Long Island and the Bronx
Posted On Nov 17, 2012 @ 10:49 PM by Ira Slavit
Imagine consuming energy drinks increasing the likelihood that armed service members would fall asleep during briefings or while on guard duty? In fact, data collected regarding armed service members in Afghanistan in 2010 showed that 44.8% of deployed service members consumed at least 1energy drink daily, with 13.9% drinking 3 or more a day. Service members drinking 3 or more energy drinks a day were significantly more likely to report sleeping 4 hours or less a night on average than those consuming two drinks or fewer. Those who drank three or more drinks a day also were more likely to report sleep disruption related to stress and illness and were more likely to fall asleep during briefings or on guard duty. In recent weeks, the FDA has confirmed or disclosed a total of 18 filings involving deaths and over 150 others involving injuries that mentioned one of four top-selling energy drinks — Red Bull, Monster Energy, Rockstar and 5-Hour Energy.
Posted On Nov 3, 2012 @ 08:35 PM by Ira Slavit
In Lofton v. Grieco, the plaintiffs argued that Glen Cove Hospital delayed performing necessary surgery on a patient who died before the surgery was performed. The hospital record contains a doctor's note purportedly documenting the decedent's refusal to have the surgery, but the plaintiffs contend that the doctor's note was written after the decedent died in an attempt to cover-up medical malpractice. The plaintiffs moved for an order compelling the hospital to produce the original record for a non-destructive examination, inspection and photographing by plaintiff’s forensic handwriting expert. Plaintiff's motion was granted by Nassau County Supreme Court Justice Randy Sue Marber.
Posted On Oct 29, 2012 @ 03:27 AM by Ira Slavit
This past Friday, October 26, 2012, the U.S. Food and Drug Administration released a copy of the FDA Form 483 issued to the New England Compounding Center (NECC) that produced contaminated steroid injections and triggered an FDA investigation of a multistate fungal meningitis outbreak among patients who received the injections. The investigators observed problems with NECC’s ability to maintain its clean room that is designed and maintained to have a controlled environment with low levels of airborne particles and surface contamination. The FDA found some vials of the purportedly sterile injectable drug contained a greenish black foreign matter and others a white filamentous material. Rooftop units serving NECC’s HVAC system are approximately 100 feet from a recycling facility that handles such materials as mattresses and plastics and uses large equipment that produced airborne particulates such as dust.
Posted On Oct 24, 2012 @ 02:35 AM by Ira Slavit
With a Texas family being charged $442.00 for a 14-block ride in a pedicab this past summer, more regulations may be on their way. Approximately two years ago the New York City Council imposed comprehensive regulations upon pedicabs which had been operating with almost no rules and endangering the safety of riders, pedestrians and others. The closest those regulations came to controlling pedicab rates was requiring that a rate card be posted, but not limiting how much could be charged. But now that could change. Whereas before pedicabs had the option of charging by time, the law may be changed to prohibit all other formulas and to set a mandatory fee schedule.
Posted On Oct 9, 2012 @ 10:21 PM by Ira Slavit
Many of our clients suffer from intractable neck pain and face difficult risk-laden choices as to how to try to obtain relief from their debilitating symptoms. Many are given the option of undergoing surgery, which could potentially result in paralysis, or first trying epidural injections. Patients are usually told that the injections may not work, but now they have something more to fear: fungal meningitis. The latest report is that there are 119 cases of people who were infected from contaminated steroid injections (preservative-free methylprednisolone acetate (80mg/ml)). 11 people have died and many others have suffered a stroke. Three facilities in New York State received shipments of the contaminated steroid, Action Sports Medicine and Pain Management in Mineola, Obosa Medical Services in Mount Vernon and Rochester Brain and Spine in Rochester.
Posted On Oct 5, 2012 @ 03:29 AM by Ira Slavit
The claimant’s deceased husband suffered a heart attack and died on Super Bowl Sunday of 2010 while working as acting store manager of a Waldbaum’s supermarket in Roberts v. Waldbaum's, 513795, 2012 WL 4449387 (3d Dept., September 27, 2012). Claimant applied for workers' compensation death benefits alleging that the heart attack (myocardial infarction) was triggered by the stress and excitement resulting from the responsibility of running the entire store on Super Bowl Sunday, an historically busy day at the store. Also, several hours earlier decedent was involved in an altercation with an irate customer. The Appellate Division upheld the determination of the Workers’ Compensation Board that decedent's death was causally related to his employment.
Posted On Sep 17, 2012 @ 04:11 AM by Ira Slavit
In May of this year the New York State Department of Transportation announced a series of pedestrian safety improvements along Hempstead Turnpike, which bears the unwanted distinction of being Long Island’s most dangerous road. Much of the work is expected to begin this week. Engineering improvements include remarking and widening crosswalks, increasing pedestrian crossing times at traffic signals, reprogramming dozens of crosswalks, adding pedestrian countdown timers, relocating bus stops closer to crosswalks, and installing additional no turn on red signs. Crossing buttons will feature buttons that light up and stay lit when pushed, and raised medians where pedestrians frequently cross mid-block will be built to provide refuge from traffic.
Posted On Sep 10, 2012 @ 03:28 PM by Ira Slavit
FocusDriven – Advocates for Cell-Free Driving – thinks so, recently calling for automatic license revocation for drivers who text behind the wheel stating texting is a dangerous and deadly behavior that takes drivers' mind off the road, hands off the steering wheel and eyes off the road. In New York, Governor Andrew M. Cuomo marked the one year anniversary of the state's strict law to prevent distracted driving by announcing this past July that law enforcement officials issued more than 20,000 tickets to motorists for texting-while-driving violations since the law took effect on July 12, 2011, four times as many than the previous year during which New York law enforcement officials issued 4,569 tickets for texting-while-driving violations.
Posted On Sep 6, 2012 @ 02:54 PM by Ira Slavit
If you want to know, go to the website of the New York City Buildings Department, you can find a list of ten of the top offenders who will be pursued under the Department’s Elevator Enforcement Program. The list is compiled using complaint data, violations, maintenance filings, and field inspection records. The list was last updated July 31, 2012.
Posted On Aug 27, 2012 @ 02:23 AM by Ira Slavit
Famous Long Island and Brooklyn steakhouse Peter Luger lost a bid to have a slip-and-fall case against it dismissed when Nassau County Supreme Court Justice F. Dana Winslow found that circumstantial evidence supported plaintiff’s proposition that the brown oily substance she slipped on was steak juices one of its waiters spilled. Chang v. Peter Luger of Long Island Inc., decided August 9, 2012. The plaintiff slipped on a step leading to one of the restaurant’s dining rooms. Based upon the decision, it seems that all the plaintiff knew about what she slipped on was that it was a dark-brownish oily substance. But the restaurant's manager testified that its waiters typically carried steak to customers on shallow platters that contain steak juice and butter, and that in serving the many steaks in the dining room that evening waiters must carry the food down the same step on which the plaintiff slipped and fell.