New York Injury Lawyer Blog

Each year, more than half a million babies -- 1 in 8 -- are born premature in the United States, according to the Centers for Disease Control and Prevention.

As National Premature Birth Awareness Month comes to a close, the New York City birth injury lawyers at Queller, Fisher, Washor, Fuchs & Kool have noted two studies that found the United States has one the world's highest rates of premature birth, birth injury and infant mortality.

A report by the March of Dimes found that premature births in the United States have increased more than 30 percent in the last 25 years.

On Monday, Queller Fisher's New York Injury Lawyer blog reported the findings of a study that directly linked the nation's high infant mortality rate with the prevalence of premature births.

The report found 6.9 of every 1,000 infants born in the United States die before the age of 1 -- a rate that is higher than 29 other countries, according to a report in the The New York Times.

Premature birth is the leading cause of death among newborn babies and also poses serious health risks and long-term complications for infants. Some will spend weeks or months in a neonatal intensive care unit and others can face life-long problems, including:

-Cerebral Palsy
-Respiratory problems
-Cognitive impairment
-Vision and hearing problems
-Digestive complications

Even infants born just a few weeks premature can face more health problems than full-term babies, including jaundice, breathing problems and longer hospital stays.

The average first-year medical costs are about 10 times greater than for full-term births.

Warning signs of premature birth:

-Contractions
-Change in vaginal discharge
-Pelvis pressure
-Cramps
-Abdominal cramps with or without diarrhea

Carrying more than one baby, history of preterm birth, uterus or cervix complications and chronic health problems in the mother can be risk factors for premature birth. But birth can also be complicated by a doctor, hospital or health-care provider's failure to properly manage pregnancy, risk factors and the birthing process. A medical provider's negligence in treating pre-term labor may also be a cause of premature birth or the complications that contributed to premature birth or infant injury.

The birth injury attorneys at Queller Fisher handle cases involving Cerebral Palsy, Erb's Palsy, intra-ventricular hemorrhage, brain injury and other birth injuries.

Continue reading "Premature Birth Awareness Month puts focus on birth injury, infant mortality in New York" »

A Scotia, New York aggregate bagging company is facing a $509,000 fine from the federal government for 33 alleged willful, repeat and serious violations of workplace safety and health standards.

The New York construction accident attorneys and the personal injury and wrongful death lawyers at Queller, FIsher, Washor, Fuchs and Kool have a long history of battling construction companies, third-party suppliers and other negligent parties in New York construction accidents.

One in every five work related-deaths occurred on a construction site in 2008, according to the U.S. Bureau of Labor Statistics. In New York City, 81 people were killed in fatal work accidents, one-in-four were on construction sites.

The U.S. Labor Department's Occupational Safety and Health Administrationproposed the fine against the plant, which bags cement and asphalt, following repeated inspections over a six-month period.

"Workers have been needlessly exposed to potentially disabling or fatal respiratory illness, falls, crushing injuries, burns, lacerations, amputation and electrocution," said Edward Jerome, OSHA's area director in Albany. "This employer needs to take effective and ongoing corrective action to protect the health and safety of these workers."

The company has 15 business days to meet the standards or contest the findings.

Continue reading "New York company cited for work-safety violations" »

A new report found premature births are fueling higher rates of infant mortality in the United States, according to The New York Times.

The New York birth injury lawyers and birth defect attorneys at Queller, Fisher, Washor, Fuchs & Kool, have a long history of fighting for the rights of young families whose lives have been turned upside down by the death or health crisis of a newborn infant. The birth injury attorneys at Queller Fisher handle cases involving Cerebral Palsy, Erb's Palsy, intra-ventricular hemorrhage, brain injury and other birth injuries.

High premature birth rates in the United States are the main reason for higher infant mortality rates compared to other developed nations, according to the report, which was authored by Marian F. MacDorman, a statistician at the National Center for Health Statistics.

The New York City birth injury attorneys at Queller Fisher published a report by the March of Dimes last month on New York Injury Lawyers Blog that found premature births in North America follow closely behind even the world's poorest nations. One in 10 babies are born premature in the United States each year and the rate continues to rise. Premature births in the United States are up more than 30 percent in the last 25 years.

In Sweden, 6.3 percent of births were premature, compared with 12.4 percent in the United States in 2005, the latest year for which international rankings are available. In the United States, 6.9 of every 1,000 infants die before the age of 1, compared to an infant-mortality rate of 2.4 percent in Sweden. Twenty-nine other countries also had lower rates, according to The Times.

Almost 8,000 infant deaths would be avoided each year if the United States could match Sweden's prematurity rate and the U.S. infant mortality rate would be cut by one-third.

Dr. Alan R. Fleischman, medical director for the March of Dimes, told The Times that the new report was "an indictment of the U.S. health care system" and the poor job it had done in taking care of women and children. The report, Dr. Fleischman added, "puts together two very important issues, both of which we knew about but hadn't linked tightly."

The infant mortality rate in the United States has long troubled health officials. Most European countries, as well as Australia, Canada, Hong Kong, Israel, Japan, New Zealand and Singapore, have lower rates of infant death than the United States.

More than 540,000 babies are born premature each year in the United States. And, while they are more likely to survive than in other, less developed countries, the sheer volume drives up the infant mortality rate in the United States.

Health officials contribute the high rate to a number of causes:

-Poor and minority women who lack health care and social support.

-Infertility treatments.

-Increased use of Caesarean sections and labor-inducing drugs.

-Women's health issues like drinking, drug use and smoking.

Continue reading "Premature births drive up U.S. infant mortality rate" »

You are about to be bombarded with safe driving commercials, newspaper articles, posters and other public-service messages just in time for the holidays.

And with good reason: Thanksgiving is the busiest travel holiday of the year, winter weather and holiday shopping are upon us and November and December have traditionally been two of the deadliest months of the year for travelers nationwide.

Thanksgiving, Christmas and New Year's present a trio of holidays in which drunk driving reaches a deadly peak each year and law enforcement in New York and across the country will roll out a publicity blitz followed by heavy enforcement, according to the National Highway Traffic Safety Administration.

The New York City car accident lawyers and the drunk driving accident attorneys at Queller, Fisher, Washor, Fuchs & Kool, urge motorists to take a moment with loved ones -- particularly with young, inexperienced drivers and older relatives -- to review safe driving and winter driving habits in preparation for the upcoming holiday season.

Click here for New York's safe-driving information page.

AAA estimates more than 40 million Americans will travel 50 miles or more for the Thanksgiving Holiday.

In New York State, 256,901 accident were reported in 2008, claiming 1,160 lives and injuring more than 120,000, according to the New York State Department of Motor Vehicles. In New York City, 278 people were killed and more than 42,000 injured, accounting for one-third of all injuries and a quarter of all deaths statewide.

Top 5 causes of fatal New York accidents in 2008:
Speed (368 fatal accidents)
Drunk driving (156 fatal accidents)
Failure to yield (150 fatal accidents)
Pedestrian/Bicyclist error (124 fatal accidents)
Driver inattention (118 fatal accidents)

Nationwide, fatal accidents declined 9.7 percent last year to 37,261 and more than 90 percent of the reduction was attributed to fewer passenger car fatalities.

Continue reading "Authorities aim to prevent New York car accidents, drunk driving accidents, holiday hazards" »

The federal government and the makers of a catheter balloon commonly used in heart surgeries have issued an urgent recall, announcing that the balloons could suddenly burst during surgery.

The CardioVations EndoClamp Aortic Catheters pose a life-threatening safety risk to patients as they may suddenly burst during heart surgery, according to the Food and Drug Administration.

The New York City medical malpractice lawyers at Queller, Fisher, Washor, Fuchs & Kool represent heart patients who were improperly diagnosed or suffer complications during surgery as a result of surgical negligence, malpractice or defective medical devices.

The FDA and Edwards Lifesciences Corp., the maker of the devices, ordered the Class I recall for CardioVations EndoClamp Aortic Catheter, model numbers EC1001 and EC65. A Class I recall is the nation's most serious recall, aimed at products with a reasonable probability of causing serious injury or death.

The CardioVations EndoClamp Aortic Catheter is a balloon catheter used to block the aorta, monitor pressure and, when necessary, stop the heart during bypass surgery, according to the FDA. The devices were manufactured between Aug. 2008 and Aug. 2009 and distributed to hospitals through this September.

Initially recalled in September, the FDA issued a new warning last week telling hospitals to re-check hospital inventory and return defective catheters to the manufacturer.

Continue reading "Defective medical device recalled: Heart catheter can burst during surgery" »

Almost half of breast cancer surgery patients in a recent study reported significant pain years after surgery, according to a study published in the Journal of the American Medical Association.

The New York City medical malpractice attorneys and cancer surgery malpractice lawyers at Queller, Fisher, Washor, Fuchs & Kool represent clients whose cancer was misdiagnosed, who suffered a delay in diagnosis or suffered as a result of surgical, doctor or hospital negligence in the treatment of cancer.

The New York Times reported that the persistent pain was most likely to effect women under 40, those who had undergone radiation treatment and those who had surgery to remove lymph nodes in the armpit as opposed to a less invasive procedure called a sentinel node biopsy, which can be used to determine whether the cancer has spread.

JAMA acknowledged persistent pain and sensory disturbances following breast cancer surgery is a significant clinical problem that could be related to a number of factors-- including patient characteristics and surgical technique.

The study, in the Nov. 11 issue of JAMA, is one of the largest to assess persistent pain in breast cancer patients; it looked at questionnaires completed last year by 3,253 women treated for breast cancer in 2005 and 2006.

Forty-seven percent of the patients, 1,543 in all, reported pain in one or more areas, usually the armpit, breast and side. Of those, 1 in 5 were uncomfortable enough to have recently consulted a doctor about the ongoing pain.

More than half --58 percent or 1,882 women -- reported "sensory disturbances" like burning sensations and numbness.

Continue reading "Study finds almost half of breast cancer surgery survivors in significant pain years later" »

The state's ban on texting while driving begins this month with the hope of reducing New York car accidents.

The New York City car accident attorneys and the personal injury and wrongful death lawyers at Queller, Fisher, Washor, Fuchs & Kool continue to monitor the issue as studies increasingly point to the dangers of texting while driving.

The new law forbids the use of all mobile devices for reading, typing or sending text messages while driving, according to Fox News.

Law enforcement can stop drivers and issue a $150 citation if caught committing another traffic violation while using a hand-held device, according to the New York Post.

A student at the University of Utah found text messaging drivers were at eight-times greater risk of a crash. And a study by the Virginia Tech Transportation Institute found truckers sending text messages were 23 times more likely to cause a crash or near crash.

Earlier this fall the federal government held a national distracted driving summit and President Obama banned all federal employees from texting while driving on the job.

As the dangers of distracted driving become more apparent, motorists are supporting such bans in greater numbers. A New York Times/CBS poll released over the weekend found 97 percent of Americans support prohibiting texting while driving and 80 percent support a ban on the use of hand-held phones while driving. Half said punishment for texting while driving should be as severe as the penalties for drunk driving.

The U.S. Department of Transportation reported that 5,870 people were killed and more than 500,000 injured last year in crashes cuased by driver distraction, often cell phones or other mobile devices.

In October, the New York Injury Lawyer blog posted an update on the Taxi and Limousine Commission's tough new enforcement of an existing ban prohibiting New York City taxi cab drivers from using cell phones while driving.

Continue reading "text messaging becomes illegal for drivers as law takes aim at reducing New York car accidents" »

Officials are reviewing the process of testing drivers following drunk driving accidents.

The New York City drunk driving accident lawyers at Queller, Fisher, Washor, Fuchs & Kool are following the issue; proof that a driver was drunk when he or she caused an accident can be important evidence when seeking civil damages for injuries or death caused by a drunk driver.

Yet the process for testing suspected drunk drivers varies by borough, according to a report by the Associated Press.

In general, drivers may refuse a breath test at the scene and again at the precinct before a warrant is issued and blood is drawn for a blood alcohol test. Critics contend the lag time gives drivers an opportunity to sober up before testing is administered.

The review was announced by Police Commissioner Raymond Kelly this week after two off-duty police officers refused breath tests in separate drunk driving cases in which New York City pedestrians were killed.

In both cases, the accused drivers were not tested until hours later at the hospital, according to CBS2.

In one case, the tests showed no presence of alcohol; results are pending in the other case. Both accused drivers have been charged with manslaughter.

In addition to criminal charges, drivers who cause drunk driving accidents can be held financially responsible to accident victims through a civil claim brought by a New York City drunk driving accident attorney.

Continue reading "Authorities reviewing DUI testing procedures for New York City drunk driving accidents" »

Two taxi cabs collided in the East Village Sunday night, sending scaffolding crashing into the street and injuring at least six people.

The New York City scaffolding accident occurred after the colliding cabs jumped a curb on Broadway and East 8th Street shortly before 8 p.m., according to the New York Post.

Both vehicles were left buried in debris in front of a Gap store -- click here for pictures of the New York City taxi cab accident.

Witnesses reported the cabs were either racing or attempting to overtake one another when they lost control. Two people were seriously injured. All six victims in both cabs were transported th St. Vincent's Hospital for treatment.

"The backside of one cab hit the pole," witness Mark Seran, 47, told The Post. "Then they spun and the scaffolding collapsed."

If you or a loved one has been injured in an accident, the New York taxi cab accident lawyers and the scaffolding injury attorneys at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights. Call 212-406-1700.

City leaders voted for tough new enforcement measures against motorists who leave unattended cars idling, in an effort to reduce New York City car accidents caused by wayward and stolen vehicles.

City Council voted, 46 to 1, on Wednesday to abolish the three-minute grace period and impose a $250 fine for violations, the Daily News reported.

The new measure will be enforced once it is signed into law by the mayor in several weeks. Previously, idlers were given a three-minute grace period and only risked a $5 fine.

The change was prompted by the Feb. 1 hit-and-run deaths of Robert Ogle, 16, and Alex Paul 20, in Middle Village, Queens.

The pair were allegedly killed by a man high on drugs and alcohol, who stole an idling, unattended car parked in front of a deli and ran the two friends down as they walked home from a party.

New York City pedestrian accidents account for half of all traffic deaths in the city, according to the New York City Department of Transportation.

If you or a loved one has been injured in a car accident or pedestrian accident, the New York City injury lawyers at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights. Call 212-406-1700.