Transportation Alternatives, Advocate for Bicycling, Walking and Public Transit, Releases Report Decrying Gaps in Deterrence of Dangerous Driving and Makes Sensible Recommendations

Earlier this month, Transportation Alternatives (TA) released Executive Order: A Mayoral Strategy for Traffic Safety, which TA says shows startling gaps in the way NYC deters the most dangerous driving behaviors. TA’s stated mission is to reclaim New York City’s streets from the speeding automobile, and to advocate for bicycling, walking and public transit as the best transportation alternatives. … Read the rest

New Yorks Statutes Aimed at Protecting Construction Workers Held to Apply to Accident on Indian Reservation

In Alexander v. Hart, — N.Y.S.2d —-, 2009 WL 1955556, 2009 N.Y. Slip Op. 05716 (N.Y.A.D. 3 Dept., 2009) the plaintiff, a service technician, fell while working on a rooftop heating, ventilation and air conditioning unit at defendants’ fitness center on the St. Regis Mohawk Reservation in Franklin County. The defendants moved to dismiss the plaintiff’s Labor Law 240(1) and … Read the rest

The Governments Deadly Secret: Hands-Free Cell Phones No Less Distracting Than Handheld Devices

While driving on the highways in the New York metropolitan area, have you noticed that when the overhead highway electronic traffic signs have no traffic jams to report, they warn that only hands-free devices can legally be used? While happy to not have to deal with a traffic jam, who knew that this seemingly friendly advice was false – that … Read the rest

Report Debunks the Myths of Medical Malpractice Litigation and Health Care Costs and Shows that Most Compensated Injuries are Extremely Serious

If you spend an hour reading this report, chances are that five to 11 Americans will die from preventable medical errors by the time you finish. Chances also are better than 50-50 that not a single malpractice payment will be made, or medical malpractice litigations pursued, as a result of any of these avoidable deaths. Policy makers intent on reducing … Read the rest

Gas Buyers, Ever Wonder Who Checks the Pumps For Accuracy? (Who Checks the High Price, You Ask? Fuggedaboudit!)

Under New York City’s Weights and Measures law, the Department of Consumer Affairs (DCA) tests all gas pumps for accuracy. In the past year, DCA has performed more than 1,800 gas station inspections, checking more than 12,000 individual gas pumps throughout the five boroughs. The Department condemned 227 gas pumps for inaccurately dispensing fuel over the past year.

On average, … Read the rest

Brain-Computer Interface Research Used for Speech Prosthesis to Assist Locked-In Motor Vehicle Accident Victim

Around midnight on November 5, 1999, Erik Ramsey was a passenger in a friend’s Camaro that was in an accident with another vehicle and flipped and landed on an embankment. His injuries were devastating – a collapsed lung, a lacerated spleen, a ruptured diaphragm, ripped tendons in his hand, and a femur that was broken in two places. More so, … Read the rest

Jaloma Pacifiers Sold in New York and New Jersey Recalled Due to Choking Hazard; One Million Play Yards Recalled Nationwide Due to Fall Hazard

It’s been a tough couple of days for the safety of infants and toddlers. On July 7, 2009, the U.S. Consumer Product Safety Commission (CPSC), in cooperation with Gromex Inc., of Passaic, N.J., announced a voluntary recall of about 700 Jaloma Pacifiers. The next day the CPSC, in cooperation with Kolcraft Enterprises Inc. of Chicago, Ill., announced a voluntary … Read the rest

Is Nothing Sacred Anymore? FDA Warns Bar-B-Q and Dessert Lovers to Guard Against E. coli

On June 19, 2009, the U.S. Food and Drug Administration (FDA) and the U.S. Centers for Disease Control and Prevention warned consumers not to eat any varieties of prepackaged Nestle Toll House refrigerated cookie dough due to the risk of contamination with E. coli O157:H7. As of June 25, the CDC reported that 69 persons from 29 states have been … Read the rest

FDA Requires Boxed Warning on Serious Neuropsychiatric Events for Chantix and Zyban. Is a Ban Next?

The U.S. Food and Drug Administration (FDA) announced on July 1, 2009, that it is requiring manufacturers to put a Boxed Warning on the prescribing information for the smoking cessation drugs Chantix (varenicline) and Zyban (bupropion) and to update the Medication Guides for patients that further discuss the risk of mental health events when using these products. The warning will … Read the rest

Suit for Injury During Insurance Company Doctor’s Medical Examination Subject to Medical Malpractice Statute of Limitations, Holds Court of Appeals

Part and parcel of many types of claims for bodily injuries is the medical examination conducted by a physician designated by an insurance company; this however can be complicated by the physician-patient relationship. This can occur in contexts including a personal injury lawsuit, a claim for motor vehicle no-fault benefits, a disability claim or a workers compensation claim. Once … Read the rest