Weisfuse & Weisfuse, LLP
Free Consultations 212-983-3000
Russian Translation Services Available | Attorney Advertising

New York City Personal Injury Law Blog

Citibike: Where is the helmet sharing?

Concussion and traumatic brain injury are common injuries in bike accidents. What many do not understand is that these injuries can change the trajectory of your life. Recovery may be frustratingly slow. Years later, you may still be feeling the effects.

Helmet use, however, can save lives and avoid brain injuries. How does this relate to bike sharing services, such as Citibike? New York City does not provide helmets or require riders to use them. This was not an oversight, but a decision the City made after reviewing studies that showed mandatory helmet use could decrease ridership and riders wearing helmets could be more reckless.

A strict filing deadline slams the courthouse doors shut

The U.S. Circuit Court of Appeals for the 2nd Circuit recently ruled a claim for damages under the FTCA was too late. Because of the holding, a U.S. Citizen placed in immigration detainment – 1,273 days (three and a half years) – because of numerous errors has no remedy against the government.

FTCA – what does the acronym stand for? The Federal Tort Claims Act is how you bring a lawsuit against the government for the “wrongful or negligent act of a federal employee acting in the scope of his or her official duties.” This includes claims of medical malpractice against the VA. You must file these claims within two years of the date the claim accrues. This accrual date, however, can be very tricky and that is why we want to discuss this recent case.

Antibiotics linked to birth defects and miscarriage

During pregnancy, you receive so much advice. Don’t eat sushi, fish, deli meat, shellfish, raw eggs or soft cheeses, avoid that glass of wine and the list continues. But how much do these eating choices affect the health of your baby?

Medication mistakes during pregnancy can do much more harm. When it comes to treating an infection – for example, an UTI – it is important to seek treatment, but are certain antibiotics harmful? A Canadian team of researchers says the answer is yes.

Double-booking: A troubling trend in surgical procedures

When you are undergoing a surgical procedure, chances are that the procedure is your primary focus. You can be consumed preparing for the operation, educating yourself about what will happen and planning for the recovery process.

Considering how important these operations are for every patient, it can be quite upsetting to learn that you are not a doctor’s only priority. Even during your operation.

Regulatory gaps exposed in London fire

Two products made by American companies contributed to a high-rise fire in London. Stronger regulations in the United States have kept both of these products out of homes and apartment buildings.

Slight differences in price are often the determining factor for builders when there isn’t a specific rule about what must or must not be used. For example, the back of the Whirlpool refrigerator that started the fire was made of plastic rather than metal. The Arconic insulation and cladding used in the building contained flammable materials that was a little cheaper than the fire-resistant alternatives.

VA physician admits a dosing mistake, but not causation

Who operates the largest integrated healthcare system in our country? You might or might not be surprised to learn it is the Veterans Health Administration.

Overseeing approximately 1,700 health care sites and providing medical care to 8.76 million veterans each year there are bound to be mistakes. The Department of Treasury is responsible for paying claims when the VA agrees to settle a medical malpractice claim or is found responsible at trial. From 2012 – 2016 there were 2,483 of these cases with a total payout of $554.19 million.

Injuries suffered in a 'never event' subway train derailment

The morning routine: it's probably some variant of out of bed, shower, dress, kids up, breakfast, brush teeth, comb hair, shoes and out the door by 7:30 am. Then you head to the train or pull the car out of the garage on the way to the office to start another day.

Earlier this week, for those on the A train speeding from 145th to 125th during the morning commute the unthinkable occurred. Two of the eight subway cars left the tracks before coming crashing to a halt in the dark tunnel. Initial reports were that approximately three dozen passengers suffered injuries, amazingly and thankfully non were life threatening.

Auto-driving features in cars still require attentive drivers

A couple months ago, we discussed a fatal accident involving a truck and a Tesla, which was running on autopilot. New details about the crash include that the driver of the Tesla ignored a number of warnings.

In our March post, we discussed the complications of assigning liability in the aftermath of an accident involving an autonomous or semi-autonomous vehicle. In this post, we want to remind of the ongoing responsibility drivers have – and will continue to have for the foreseeable future – whenever they get behind the wheel.

Which court decides class action products liability cases?

When a defective product is marketed and sold, the damage can be immediate or it might take years to uncover. These cases may relate to a defectively designed dresser that tips over and kills a child or a medical device or drug that causes harm (for example, transvaginal mesh or Plavix).

A recent U.S. Supreme Court decision Bristol-Myers Squibb v. Superior Court of California looks at the question of which court should hear these claims, especially when there are many people affected. This case continues a trend to limit state-court jurisdiction.

New law would extend time limits in medical malpractice claims

National Cancer Survivors’ Day was recently celebrated on June 4 to celebrate those who have survived, those who are currently battling cancer and their families/communities. With a prompt diagnosis the odds for survival are much higher than in the past.

A delay in diagnosis, on the other hand, can allow the disease to spread to the point that treatment options are no longer available. When a radiologist or other physician notices something suspicious but fails to follow up on it, a malpractice claim may provide a remedy. But strict deadlines apply for New York families. Lavern’s law proposes to extend the time allowed to bring a claim.