October 2010 News - The New York Personal Injury Law Blog

The New York Personal Injury Blog

October 2010 Archives

Couple Sues Long Island Hospital Over Fertility Treatments

Abida Mahmood and Sajid Mahmood claim their doctor thawed and killed their embryos, shattering their hopes of having a family of their own. According to the New York Post, the Queens couple filed a malpractice lawsuit against the Long Island hospital they went to for fertility treatments.

Last year, Abida Mahmood and Sajid Mahmood were incapable of conceiving and visited the North Shore-Long Island Jewish Center for Human Reproduction at Manhasset's North Shore University Hospital. The couple's NY personal injury lawyer Stephanie Ovadia said her clients' physician, Matthew Cohen, started an in-vitro fertilization program for the couple. The procedure involved extracting Abida's eggs, fertilizing them outside her womb, and implanting the eggs back into her.

What To Do After An Animal Attack In New York

According to FindLaw, thousands of Americans have suffered from animal attacks or bites each year. Most animal attacks in New York involve dogs. Victims may be able to collect damages from the party held responsible or the animal's owner in a civil lawsuit. If you have suffered from an animal attack or bite, a NY personal injury lawyer may advise you to:

  • Seek medical attention first; then
  • Find out who is the legal owner of the animal;
  • See if there might be other potentially responsible parties; and
  • Learn what damages you may be entitled to recover. 

Victims Of 9/11 Still Decide On Taking Settlement Offer

The deadline awaits the forgotten victims of 9/11 in deciding whether or not to accept a settlement offer in lawsuits against the city. The lawsuits are against approximately 100 Ground Zero contractors, the Port Authority along with the City of New York. The NY personal injury lawyers of the 9/11 victims and World Trade Center responders said almost 75 percent of the 10,000 claimants agreed to accept allocated portions of a recovery fund that may come to as much as $760 million.

95 percent of claimants must agree to the offer for the deal to take place, but some plaintiffs are still undecided on accepting the proposal. According to the New York Daily News, the probability of getting more than the offered amount in the settlement isn't likely; since the money will be coming from Congress' insurance fund established after 9/11. 

Lee Porrazzo Sues Bumble Bee Foods for Mercury Poisoning

New York local Lee Porrazzo said he has been eating ten cans of Bumble Bee tuna every week for the last two years until a trip to the hospital revealed he had a "dangerously high" mercury level. As a result, Fox News reported Porrazzo is suing Bumble Bee Foods alleging the company gave him mercury poisoning.

48-year-old Lee Porrazzo said he ate Bumble Bee tuna almost every day. He started purchasing the seafood in January 2006 after the Bumble Bee commercials referred to their food as "heart healthy," and it was "usually on sale" for $1 per can. Porrazzo and his roommate Roland Muccini would regularly buy large quantities of the canned tuna fish, believing it was "the cleanest source of protein."

Google Ordered To Reveal Info On Carla Franklin's Cyberbully

Columbia MBA graduate Carla Franklin was harassed by an online bully on YouTube and currently seeks to unmask the unknown individual. According to the New York Daily News, a Manhattan judge has now directed Google to identify the online tormentor who terrorized Franklin on the video-sharing website.

The cyberbully has trash-talked Carla Franklin under three different pseudonyms on YouTube. According to the Daily News, her friends alerted her of the insults online. Franklin then filed an application for disclosure with the Manhattan Supreme Court to compel the disclosure of the poster(s) using URLs that included the names of "JoeBloom08," "JimmyJean008," and "greyspector09" who wrote derogatory statements about her and posted unauthorized video clips from a movie she was in.

Xiu Ming Li Mauled By Pitbulls In Brooklyn

The New York Daily News reported three pit bulls brutally attacked Chinese restaurant owner Xiu Ming Li when he crossed through the fenced yard of a Brooklyn home to pass out menus. The 52-year-old victim suffered leg, arm, and head injuries and had one of his earlobes bitten off after the dog attack.

Xiu Ming Li, owner of the Jing Lung Chinese Restaurant in Prospect-Lefferts Gardens, unlatched the gate and entered Samantha Sing's yard in spite of the "Beware of Dog" sign posted on the fence. Sing's 3-year-old pit bulls immediately ambushed Li as he walked up the driveway of the house. After the incident, Li's daughter Shih Ru Li explained her father couldn't read the sign because he "doesn't understand the concept of trespassing."

Shipley Family Sues New York City

Staten Island residents Andre and Korisha Shipley lost their 17-year-old son Jesse Shipley in a terrible vehicle accident. After their son's burial, they were shocked to find that Jesse's brain was not included with the rest of his remains. The parents discovered their son's brain was actually on display in the medical examiner's office, according to CBS New York.

Two months after Jesse Shipley's burial, some of his friends saw a brain in a jar labeled with Jesse's name during a high school field trip to the morgue. The ME's office explained to Andrew and Korisha Shipley that they were holding the brain for tests, but the parents were never informed up until that time.

What to Do After a Pedestrian Accident in New York

Pedestrian accidents are common in large populous metros like the Big Apple. Collisions with bicycles or motor vehicles are typical causes for pedestrian injuries and often leave individuals wounded and uncertain about what they should do after having been hurt. If you or someone you know has been involved in a pedestrian accident, here are a few things to keep in mind when handling the situation.

According to FindLaw, it's important to write down as much as you can about the accident. Be sure to take note of the injuries and losses you have suffered, like wages, and the conversations you may have with other people involved in the accident or claim. Gather any evidence on who caused the accident and what damage was done; collecting physical items or taking pictures are incredibly useful.

345,000 BMW Cars Recalled for Brake Problems

Due to potentially faulty braking systems, BMW has recalled 345,000 automobiles across the globe this past week. Times Live reported that no accidents related to the brake issues have been made. Even so, the German car manufacturer recalled BMW Series 5, 6, and 7 models that were made in 2002, which has affected roughly 200,000 American BMW owners.

A BMW company spokesman assured that the worldwide recall was not connected to any type of safety issue. Rather, it was discovered that some of the cars' brake fluid has leaked into the hydraulics and prevented pressure from building up. The brakes generally still work, though in an extreme case a BMW driver would have to apply more force to the brake.

Jawaad Abdur-Rahman Killed on Bronx Overpass

Manhattan butcher Jawaad Abdur-Rahman was killed in a car crash on a Bronx overpass where a couple of similar accidents have occurred. According to New York Daily News, police have reported the section between the Triborough Bridge and the Sheridan Expressway has always been a dangerous location prone to vehicle collisions.

Less than a year ago, a 30-year-old Bronx woman was thrown out of her SUV and over the rail after a three-car accident. The woman's death parallels Jawaad Abdur-Rahman's accident, which also occurred at the same spot on the overpass.

Eric Hakimisefat Charged for 13-Year-Old's Death in Car Crash

Eric Hakimisefat, 16, was driving two teenage siblings home when the vehicle crashed into a Brooklyn house at a high speed, resulting in the death of 13-year-old Sarah Erdan. The New York Daily News reported Hakimisefat only had a state-issued driver's permit, which prohibits him from driving more than one passenger under the age of 21 in his car. The permit also requires he must drive with a parent or guardian accompanying him.

Hakiminsefat passed a Breathalyzer test but was still charged with reckless driving, speeding, operating a motor vehicle out of class and criminally negligent homicide. Even though Hakiminsefat faces criminal charges, claims like reckless driving and speeding could also lead to an injury lawsuit. A NY personal injury attorney can typically fight for the legal rights of anyone injured in such accidents.

Congress Addresses Concussion Protection Bill

Congress recently addressed the issue of youth sports concussions and whether legislation to protect young athletes from the effects of concussions could become federal law. The New York Times reports that the House Energy and Commerce Bill, which is also known as the Concussion Treatment and Care Tools Act or the Contact Act, was officially refined and ready for a vote on the House floor.

The Contact Act requires Kathleen Sebelius, the Secretary of Health and Human Services, to assemble experts who would propose general guidelines for managing concussions in athletes between the ages of 5 and 18 and who are involved in all sports. The bill also sets aside federal grants to states that put policies and safeguards in place.