The First Circuit Court of Appeals has reinstated a plaintiff’s pre-mortem pain and suffering claim that was initially dismissed by the district court. The claim is part of a 2014 case involving a woman who had been transferred to a New York City nursing home after hospitalization for severe respiratory distress and pneumonia, where she eventually died of cardiac arrest due to severe septic shock. The claim is dependent on evidence of the decedent’s mental state prior to her death.… Read the rest
In Dowd vs. New York City Transit Authority, 2010 WL 4678916 (November 16, 2010), the 79-year old decedent was struck by a bus that was backing out of a parking space at the bus terminal located at 165th Street and Merrick Boulevard in Queens. Part of the maneuver needed to exit from the parking space required a bus operator to reverse the bus, encroaching on the sidewalk that ran along Merrick Boulevard, before moving forward to exit on 89th Avenue. Because of a blind spot directly behind the bus, bus operators are advised that they are to ask a … Read the rest
According to the American Pain Foundation, more than 25 million Americans experience acute pain each year as a result of injuries or surgeries, and a recent study estimated that 42 percent of U.S. hospital emergency department visits were due to pain-related problems. Acute pain is a symptom of many medical conditions and can significantly interfere with a person’s quality of life and general functioning. Arthritis is the most common chronic debilitating disease in the United States (more than 43 million people or 1 in 6). Osteoarthritis of the knee is a very common and a major cause of disability.
The … Read the rest