Recent Court Decision Highlights Need to Reform No-Fault Motor Vehicle Insurance Law to Include “Surgery” Within the Definition of “Serious Injury”

In 1975 New York enacted a “no-fault” insurance plan that in theory was designed to keep small cases involving motor vehicle accidents out of court in exchange for relatively immediate payment of expenses for hospital and medical bills and reimbursement of lost earnings without the injured party having to prove that the other party was at fault for the accident. … Read the rest

Progress in New York’s Wrongful Death Statute But Still Hard to Explain Its Unfairness to Clients

New York is in a minority of states in America that has a wrongful death statute that does not allow the decedent’s family to be compensated for their emotional grief over their loss. So when a family recently came to see me about the completely unexpected loss of their son who was in his 20’s they were shocked to learn … Read the rest

Bill Seeks to Improve Safety By Requiring Safety Device on New York City Housing Authority Elevators

Identical bills have been introduced in the New York State Senate (S04603) and Assembly (A8154) that would require the New York City Housing Authority (NYCHA) to place door or zone restrictors on its nearly 3,340 elevators. The devices prevent people trapped inside stalled housing elevators from opening the cab doors by locking the cab door when an elevator is not … Read the rest

New Federal Rule to Make School Buses Safer

New federal rules will make the nations 474,000 school buses safer by requiring higher seat backs, mandating lap and shoulder belts on small school buses and setting safety standards for seat belts on large school buses, U.S. Secretary of Transportation Mary E. Peters announced this past October.

Secretary Peters said the new rule requires all new school buses to be … Read the rest

Study of Artificial Spinal Disk “Prodisc” – Guided by Physicians’ Finances or Concern for Patients?

When patients are considering treatment options, there is often”blind faith” in the doctor’s recommendations, as he is viewed as a concerned, educated and neutral provider. Perhaps, this view is nave. In reality, doctors are often financially motivated in the varying courses of treatment offered. Instead of acting as neutral gatekeepers of potentially harmful drugs and procedures and “neutral scientists “investigating … Read the rest

Childrens’ Toy Aqua Dots Recalled for Containing a Chemical That When Eaten Converts Into “Date Rape Drug”

Aqua Dots, a/k/a Aqua Beads, a Chinese-made toy, was recalled Wednesday, November 7, 2007, by the Consumer Product Safety Commission after two children in the United States and three in Australia were hospitalized after swallowing the beads.

Aqua Dots are packets of brightly colored beads that children arrange into mosaic designs. When sprinkled with water, the beads then stick together … Read the rest

Levine & Slavit Launches Radio Campaign

Following its successful television advertising campaign on New York Mets and Yankees games, Levine & Slavit has begun an advertising campaign on New York City based all-news radio station 1010 WINS.

Set to begin on August 27, 2007, the ad reads: “Many people are not prepared and dont know how to proceed when injured in an accident. The law firm … Read the rest

Drug Companies Will Be Forced To List Gifts Made To Doctors If Legislation Passes

On June 27th, a Senate hearing was held regarding the pharmaceutical industry’s routine practice of promoting and marketing drugs and medical devices by showering doctors with gifts. Drug companies which attempt to persuade doctors to prescribe their drugs provide doctors with meals at high-priced restaurants, stock options, sponsorships for educational programs, drug samples, tickets to sporting events and Broadway … Read the rest

World Trade Center 9/11 Insurer and Law Firms Sanctioned $1.25 Million

United States District Court Judge Alvin K. Hellerstein (Southern District of New York) has imposed sanctions totalling $1,250,000.00 against Zurich American Insurance Company and two of its law firms for failing to timely produce documents that defeated Zurich’s attempt to avoid liability insurance obligations regarding lawsuits brought by the legal successors of many of those who died and many of … Read the rest