December 29, 2011

A federal lawsuit filed over the death of a 48 year-old man in a Pennsylvania jail cell has been settled for $500,000. The man, Terry Johnson, died in February, 2007 as a result of peritonitis caused by a perforation to his intestine. The condition may have stemmed from gastric bypass surgery undergone by Johnson in 2002. According to the lawsuit filed by Johnson’s widow, Lorraine, had prison officials taken proper action, her husband’s death could have been prevented and he would have been spared 30 hours of excruciating pain.

Johnson had turned himself in after allegedly violating a single-count restraining order. He became ill shortly afterward. Although an electrocardiogram conducted by a jail nurse showed abnormal results, Johnson was offered no treatment. He was returned to his cell, where his repeated cries for help were ignored by prison guards and officials.

The out-of-court settlement was reached after several days of testimony taken in federal court in early November, 2011. The agreement contains no admission of wrongdoing by Fayette County prison employees, Pennsylvania officials say the $500,000 settlement will be paid out of an insurance liability fund managed by the state county commissioners association.

by Ruth Stern, Esq. for The ORLOW Firm

December 29, 2011

An estimated 250,000 hip replacements are performed in the United States each year. Nearly a third of them involve all-metal implants, now known to be defective and to wear out prematurely. One faulty model, made by the Depuy division of Johnson and Johnson, was implanted in 40,000 patients before being recalled last year. Depuy has offered to pay for reasonable medical expenses not covered by a patient’s insurance. Many patients, however, are finding that these payments fall short of covering the full scope of their damages. Seeking compensation for damages such as past and future medical bills as well as pain and suffering and lost wages, patients are turning to legal action. As of October, 3,500 lawsuits have been filed against Depuy for the pain, disability and financial costs caused by their all-metal artificial hips.

To date, expenses for defective hip replacements have been borne by taxpayers, insurers and employers. These costs are expected to rise to billions of dollars and will contribute to the surging cost of health care. In order to recoup their expenses, Medicare and health insurance companies are seeking reimbursement from lawsuit settlements received by patients. Hospitalization and medical costs arising from faulty hip replacements, especially when complications and infections set in, can run to hundreds of thousands of dollars per patient.

In 2002, Sulzer Orthopedics paid out a record $1 billion to settle a class-action lawsuit involving defective knee and hip replacements. The Zimmer Durom Cup, recalled in 2008, has also been the subject of hip replacement failure lawsuit. Another company, Biomet, recalled a zirconia ceramic hip replacement product in 2001 and continues to be involved in lawsuits filed by patients damaged by this device.

by Ruth Stern, Esq. for The ORLOW Firm

New York law mandates that employers carry workers compensation (also known as workers comp) insurance.  The purpose of workers comp insurance is to provide workers who become ill or sustain an injury on the job with the financial resources the need to pay for:

• Medical treatment
• Partial disability
• Total disability
• Permanent impairment
• Death benefits to surviving family

In exchange for receiving these benefits, you as an employee must agree not to sue.

If you are injured in a construction site accident in New York you should notify your employer immediately. They then should document the incident with their Workers’ Compensation carrier and begin your claim.

In the meantime, you should also contact a New York Worker’s Compensation lawyer to assist you in resolving your claim.  Be sure to seek medical treatment immediately and carefully document:

• All details pertaining to your accident
• Your injuries and recovery
• Bills and medical records you receive

These documents will be used to help build your claim so you can recover any lost wages and medical expenses.

If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence.  When you are injured on the Construction site, your best bet is receiving workers compensation benefits.  Though this is common, there are cases in which you can sue for damages.  These include:

• Injuries caused by a defective product
• Injuries caused by a toxic substance
• Injuries caused by intentional or bad conduct of employer
• If employer does not carry workers comp insurance
• If a third party caused your injury.

In all but one of these instances, a third party caused the accidents.  Though you forfeit the right to sue your employer by accepting workers comp insurance, you can however contact a construction accident attorney new york to sue any third party involved in your accident.

Oftentimes construction workers injured on the job are only entitled to workers compensation benefits. Rarely does this compensation fully reimburse a worker for their pain, suffering and other losses. If you are injured on the job, depending on what caused your accident, you may be able to sue a third party in a personal injury lawsuit.

A third party claim can be filed against your employer if negligence or wrongful actions of a third party, such as another employee can be proved. This is especially common on construction sites where there are several subcontractors all working at the same time.

Common third party accidents include:

• Falling from scaffolding
• Falling into an unsecured elevator shaft
• Being hit by falling tools or building materials
• Falling into trench
• Being struck by a crane, fork lift or other construction vehicle

While you wait for your third party claim to go through, you can apply for and receive workers comp benefits. If your workers compensation attorney new york is able to recover damages for you, you will have to pay back your workers compensation you were paid with the money you are awarded.

If you are injured in a construction site accident it is important that you seek a lawyer before you apply for workers comp insurance. Insurance companies hire experience lawyers to investigate accidents in order to find enough evidence that will help them pay out the smallest benefit amount possible.

An experienced attorney knows what to look for in a construction site accident case. They can help develop legal argument with medical testimony from doctors to describe the extent of your injuries, which gives you the best possible chance of obtaining the maximum benefit amount possible.

By hiring a lawyer, you can also focus on getting healthy again. You will need to spend time documenting the accident, injuries sustained and the cost of your medical bills so that your workers compensation attorney new york can build your case. But besides that, you have the piece of mind in knowing that an attorney is handling your claim for you, which can lower your stress level and enhance your recovery process.

The Denver divorce attorneys at Foster, Graham, Milstein & Calisher, LLP understand that a divorce is the hardest experience for any family to endure. Their family law lawyers have years of experience dealing with:

• dissolution of marriage
• legal separation
• alimony
• property allocation
• child custody
• spousal support

An experience divorce attorney on your side can help bring some solace to an unpleasant period.

The Denver Car accident attorneys at Foster, Graham, Milstein & Calisher, LLP (FGMC) have been helping the victims of Denver CO auto accidents for decades. They have the knowledge and experience you need to help you recover damages for lost wages, medical bills or any other injury related expenses.

Adam Orlow dicusses what the Statute of Limitations in New York are. If someone you know has been effected by lead paint poisoning please feel free to contact the Orlow Firm for a free consultation. http:orlowlaw.com or call 866-959-7202.

Adam Orlow dicusses the signs to look for in regards to finding out if homes and apartments in New York City could have lead paint still in them. If someone you know has been effected by lead paint poisoning please feel free to contact the Orlow Firm for a free consultation. http:orlowlaw.com or call 866-959-7202.