Traffic accidents involving bicyclists can be deadly, and drivers may face slight or no legal repercussions. Injured bicyclists claim that the New York Police Department does not investigate these accidents and the drivers go uncharged; bicyclists feel like they do not matter. The only cases that are investigated, cyclists claim, are the accidents that result in death or imminent death.
There were 34,813 criminal summonses sent to bicyclists by the NYPD in 2011, nearly three times as many as were sent to truck drivers. The statistics are puzzling, considering that when cyclists break the law, death and serious injury rarely result; however, when truck drivers run a stop sign, death and serious injury are significant risks.
Regardless, as bicycle safety month continues, everyone sharing the streets in New York - motorists, bicyclists and pedestrians alike - need to watch out for each other.
]]> The League of American Bicyclists offers tips for bike riders to stay safe on the roads:Keep these safety tips in mind when riding, and remember that we all share the roads.
Related Resource: League of American Bicyclists, "Bicycle Friendly Community: New York City."
]]>And one of the largest contributing factors to these serious pedestrian accidents: a lack of front-end mirrors.
Earlier this year, a New York law requiring trucks in New York City to install front-end mirrors went into effect. This law is intended to prevent accidents involving victims who are hit while in truck drivers' blind spots. Children and other individuals of short stature are especially vulnerable to such accidents.
]]> Drivers of most large trucks have a major blind spot directly in front of the vehicle. The convex front-end mirrors make it possible to look around corners. By installing the mirrors, truck drivers will be able to see anything at least three feet tall and one foot away from the front of the vehicle. This is especially important when the truck accelerates away from the curb or from a complete stop - common times for truck accidents on busy city streets.The law applies to all trucks with conventional cabs that are base-plated in New York, weighing over 26,000 pounds and travelling through any of New York's five boroughs. Trucks that operate only on expressways are exempted from the law. The required front-end mirrors cost about $150 each and are already mandatory in school buses. Momentum for the law resulted from several deaths in recent years, including a young child riding a tricycle when a driver, unable to see, struck him.
Some critics have questioned whether the mirrors will help prevent truck accidents when the truck is already in motion, which makes the mirrors less effective. Nevertheless, the law provides a boost for pedestrian safety in New York.
Related resource: Landline Magazine, "Front-end mirrors required for certain New York City trucks," 1/17/12.
]]>Distracted driving is a problem that has spanned across demographics, from the old to the young, from the college student to the professional. The National Highway Traffic Safety Administration explains that any given time during the day, 13.5 million drivers are using hand-held phones.
In an effort to bring further awareness to how distracted driving is causing an increasing number of car accidents, April has been deemed National Distracted Driving Awareness Month. According to statistics provided by the National Transportation Safety Board (NTSB), nationwide more than 3,000 people are killed each year in distracted driving accidents, and another estimated half a million are injured.
]]> As awareness continues to increase, states are continuing to ban cell phone use when behind the wheel. In New York, using a hand-held cell phone to make phone calls or text is a primary offense - meaning those seen texting behind the wheel can be pulled over and ticketed.But even though more than 30 states now have laws related to the use of mobile electronic devices while driving, the NTSB does not think that is enough. In fact, if the federal agency had their way using cell phones would be illegal in all fifty states. The use of cell phones in cars would be limited to making emergency calls and use by passengers.
While creation of such a federal law may be a long time coming (just as a it took a long time to require seatbelt use back in the 80s), it is important that measures are being taken to help make the roads safer and reduce motor vehicle accidents.
Related Resource: North County Gazette, "April Is National Distracted Driving Awareness Month," 4/9/12.
]]>Safety advocates have continued to focus on bus safety across the nation. Most recently, federal regulators began investigating buses manufactured by Motor Coach Industries. Looking at buses made in the last 20 years, regulators believe that the drive shafts are manufactured defects responsible for a number of bus crashes.
According to regulators, the drive shaft on some models (4,000 MCI D-Series) the simply falls out, causing serious control problems for drivers and resulting in fatal bus accidents. This defect has, in fact, been traced back to busses in New York.
]]> The investigation originated from a complaint filed with the National Highway Traffic Safety Administration by FirstGroup America, the parent company of Greyhound. The complaint alleged drive shaft failure on multiple MCI buses starting in 2010. Safety loops designed to hold the shafts in place were absent. The defect caused drivers to lose control and crash, injuring passengers.A spokesperson for FirstGroup confirmed that a Greyhound bus recently crashed near San Antonio. This crash killed two people and injured 40 others. In this case and others, it is likely that the shaft broke off before the driver lost control.
According to one bus expert, the shafts may actually catch the pavement rather than completely falling off, causing serious problems. The shafts can also damage brake lines and other safety systems.
The NHTSA may issue a safety recall, although no action has yet been taken as the investigation is still under way.
Source: San Francisco Chronicle, "Feds probe bus defect that may have caused crashes," 3/26/12.
]]>The lawsuit alleges Takeda gave inaccurate information to the U.S. Food and Drug Administration's Adverse Event Reporting System about the number of congestive heart failure cases associated with Actos. According to the whistleblower, the culture at Takeda is fraught with fraud and deceit. Takeda also allegedly hid information about a link between Actos and bladder cancer.
According to papers filed in federal court, the pharmaceutical giant told medical reviewers to change their professional opinion when recording adverse event classifications. The lawsuit also claims that Takeda falsified the reports to make Actos appear safer than GSK's diabetes drug, Avandia, and to increase sales.
]]> A Takeda spokesperson states that the company "complies with all laws and regulations regarding the reporting of adverse events," but would not comment on several current Avandia lawsuits as they are still pending.In 2007, the FDA ordered Takeda and their competitor, GalaxoSmithKline (GSK), to place the strongest warning labels on their drugs about the risk of congestive heart failure.
In 2010, GalaxoSmithKline paid $250 million as part of a settlement relating to the manufacture and distribution of their drugs. Cases involving healthcare fraud and cover-ups about the ill effects of widely-distributed medications like Avandia and Actos are common in the United States. In fact, about 90 percent of such lawsuits are actually initiated thanks to insiders (whistleblowers) on behalf of the government.
Those that have knowledge of deceitful practices at drug companies have the right to speak out about potential fraud and improper marketing practices. Bringing evidence of inaccurate testing information or falsified numbers is an important step in protecting patients across the nation from potentially dangerous drugs. Those with evidence of such practices should talk to an attorney about their rights under qui tam (whistleblower) actions.
And for those who have suffered as a result of taking a dangerous drug like as Avandia or Actos, speak to an experienced pharmaceutical litigation attorney about your legal options.
Related resource: Bloomberg.com, "Takeda Hid Actos Adverse Effects From Regulators, Suit Says," 3/7/12.
]]>In May 2008, a crane collapsed on the Upper East Side of Manhattan, killing two construction workers. When workers die in a construction accident, it is not uncommon for employers to have negligence and wrongful death claims filed against them. But it is not as common for employers to be charged with manslaughter.
According to prosecutors, the owner of New York Crane and Equipment Corporation hired a Chinese company to do a repair on the crane - a company that was unqualified to make such critical repairs and was a deviation from industry standards. Prosecutors allege that the owner's greed was driven by the low price and rapid turnaround offered by the Chinese company. But the repair was not adequately completed, leading to the crane line to snap and the unbalanced crane to tip over, killing two workers.
]]> A few months ago, as part of a plea deal, another crane employee who oversaw the repair agreed to testify against the crane owner in exchange for pleading guilty to criminally negligent homicide.But perhaps even more alarming is the fact that workplace accident could have been prevented, according to prosecutors. After workers on another job noticed a crack in the crane's turntable, city building officials directed the crane owner to repair that crane and check all of his other crane equipment. Following that directive, at least two cranes were repaired. On one of the cranes, one of the welds made was so problematic that another company involved in the second phase of the repair refused to touch it. The other crane ended up at the site on the Upper East Side.
Since the start of the manslaughter trial last week, testimony has been presented that suggest that the crane owner has a habit of cutting corners to put profit margins ahead of safety.
Source: New York Times, "Prosecutor Cites Profit Motive in Fatal Crane Collapse," 2/21/12.
]]>Falling down on a slippery surface can be embarrassing. And it can be even worse when an injury occurs because of it. But according to nationwide statistics, injuries from slipping, tripping and falling are more common than most people realize. The National Safety Council says that business owners spend over $70 billion dollars every year in workers' compensation and medical claims that come from slips, trips and falls.
]]> The best way for business and building owners to prevent this from happening is to install floor mats on the inside and outside of all entrances to their buildings. But simply installing them is not enough - floor mats also must be properly maintained in order to help prevent slips, trips and falls.New Yorkers who find themselves walking on icy surfaces should be alert to the serious nature of a slip and fall accident. An injury from a fall can affect not only one's personal health, but can impact family life as well. With that in mind, take extra care when walking on snowy sidewalks or entering or exiting stores and office buildings this winter - especially since many businesses do not take the time and proper precautions to maintain entrance mats.
Related resource: 'Tis the Season for Slip, Trip, and Fall Claims
]]>Carbon monoxide (CO) is produced when certain fuels are not completely burned and by equipment with internal combustion engines. CO cannot be detected by scent or sight and if a person is exposed to CO for too long, it can result in flu-like symptoms that if not immediately treated can be fatal.
In 2008, the number of CO-related deaths associated with consumer products increased to 190. Eighty-six of these deaths were due to the use of portable generators. To put that in perspective, in 1999, there were seven CO-related deaths related to the use of portable generators. Essentially, in about 10 years, there was a 1,000 percent increase in carbon monoxide deaths because of portable generators.
]]> Unsurprisingly, most CO-related deaths occur during the winter months. Unchecked furnaces, fuel-burning space heaters and indoor charcoal-use are common culprits in CO poisoning.How Do You Know if You Have Carbon Monoxide Poisoning?
As mentioned above, symptoms of CO poisoning mirror the flu - headaches, fatigue, chest pain, nausea or vomiting, dizziness or feeling faint; if anyone in the house, including pets, shows some of these signs then you may have been exposed to high levels of carbon monoxide. If you think you might be experiencing the effects of carbon monoxide, take action by GASPing:
How do You Prevent CO Poisoning?
By taking several safety precautions you can prevent accidental carbon monoxide poisoning.
First, do not use items to heat your home that were not intended for heating, such as a gas range or oven, charcoal grills, lanterns or portable camping stoves.
Second, install a carbon monoxide detector near your bedrooms. Similar to smoke detectors, these will send an alarm in the event that CO rises to an unsafe level in your residence. You can get battery-powered or plug-in CO detectors for $30-$40.
Third, do not sleep in a room with an unvented gas or kerosene space heater.
Fourth, regularly service appliances that use carbon fuels, such as oil and gas furnaces, gas water heaters, gas powered refrigerators, gas ranges and ovens, gas dryers, gas or kerosene space heaters, fireplaces, and wood stoves.
By utilizing CO detectors and taking other safety precautions, you can stay warm in the winter without worry.
Related resource: CPSC.gov, "CO Deaths Continue to Rise."
]]>As part of the new health care law, the federal government will require drug companies to disclose payments made to physicians. According to the New York Times, about 25 percent of doctors receive money from large pharmaceutical or medical device companies. While a monetary exchange between pharmaceutical companies and doctors is very common, such relationships have the potential to create grave conflicts of interest.
]]>For example, think of buying a home. In most cases, realtors are motivated to sell you the most expensive property possible and quickly close the deal, regardless of whether it is the right house or condo for you and your family. And often this may be a property for which the realtor is the selling agent -- effectively doubling commission. This focus on maximizing commissions creates a conflict of interest when it comes to providing you with the advice best suited for your needs.
Similar to realtors, doctors who accept money from drug companies are more likely to prescribe certain medications without looking at alternatives, and perhaps not completely weighing all of the risks for a given patient. Because the doctor is receiving money from the drug or medical device company, he may not be providing you with the prescription or advice best suited for your needs.
The federal government's effort to create a more transparent environment for patients is a necessary step in curbing some of the most serious medical malpractice cases. By creating a database where patients, lawyers, and government officials can track payments, doctors will be held more accountable for negligently administering drugs.
]]>Over the past several years, in an effort to reduce preventable harm experienced by hospital patients, many states have taken legislative steps to ensure that events causing harm are publicly reported. Despite new legislation, hospital accidents and errors causing patient harm continue to go unreported and uncorrected. A new study, commissioned by the Inspector General of the U.S. Department of Health and Human Services, shows that hospital employees report only one out of seven incidents that harm hospitalized Medicare patients.
Although the vast majority of hospitals have a system for hospital staff to inform administrators of "adverse events," such as medication errors and hospital-borne infections, there is an alarming amount of incidents that go unreported.
]]> The reason for this continued negligence is more correctable than one might believe. As the New York Times reports, in most cases hospital employees are either unaware of a harmful error, or uninformed as to what qualifies as a reportable event. A necessary step in correcting hospital dangers and inefficiencies is the establishment of an objective reporting system, which identifies the events that should be reported, and gives staff the ability to do so.Despite the conditional requirement that hospitals being paid under Medicare must track and correct harmful errors, the reality is that such errors are rarely identified and reported. In the rare case that such errors are reported, hospitals almost never make changes to harmful policies and practices. Significant steps must be taken to ensure that avoidable medical malpractice incidents are being prevented. In order for patients to receive the quality of care they deserve, it is imperative that hospitals establish clearer and more consistent systems for reporting adverse events.
]]>Although the vast majority of hospitals have a system for hospital staff to inform administrators of "adverse events," such as medication errors and hospital-borne infections, there is an alarming amount of incidents that go unreported.
]]> The reason for this continued negligence is more correctable than one might believe. As the New York Times reports, in most cases hospital employees are either unaware of a harmful error, or uninformed as to what qualifies as a reportable event. A necessary step in correcting hospital dangers and inefficiencies is the establishment of an objective reporting system, which identifies the events that should be reported, and gives staff the ability to do so.Despite the conditional requirement that hospitals being paid under Medicare must track and correct harmful errors, the reality is that such errors are rarely identified and reported. In the rare case that such errors are reported, hospitals almost never make changes to harmful policies and practices. Significant steps must be taken to ensure that avoidable medical malpractice incidents are being prevented. In order for patients to receive the quality of care they deserve, it is imperative that hospitals establish clearer and more consistent systems for reporting adverse events.
]]>Handheld computer devices and smartphones have given physicians, nurses, and hospital staff the ability to view the most up-to-date medical records and information within seconds, but mobile computing also pressures individuals to constantly monitor and interact with their devices, from reading emails and texting to searching the web. A peer-reviewed survey of 439 medical technicians, published by the medical journal Perfusion, found that 55 percent of technicians who monitor bypass machines had talked on cell phones during heart surgery, and half admitted to texting while in surgery.
]]> The New York Times provided a catastrophic example of how a physician's use of a cell phone during surgery can negatively impact patient care. During an operation, a neurosurgeon was talking on his cellphone and failed to carefully monitor his patient. The patient was partially paralyzed as a result.That particular case of doctor negligence was settled, but technologically-induced medical malpractice continues to be a growing issue across the country, including in New York. Some hospitals have established policies that ban the use of technological devices in certain operating rooms, but greater steps must be taken to protect patients from the dangers of technology.
]]>In a recent settlement in Indiana, a former high school student reached an agreement with the school for $150,000. Her lawsuit alleged that the school and its employees failed to stop a classmate from bullying her. Neither the student nor the school admits any fault, but reached an agreement using private insurance policies.
This lawsuit is one of many that are being filed in courts across the nation, including in New York. Many of these lawsuits are alleging instances of bullying that include:
This bullying can take place in person or online - as seen with the rise of cyberbullying.
]]> The effects of bullying manifest in victims in many different forms. Victims may experience depression or anxiety and, in the most serious cases, have committed suicide. Schools should be taking action to respond to these instances of bullying and put a stop to them and prevent further occurrences. Schools can respond in any of the following ways:Although all of the above are preferred methods for handling bullying, parents of victims do not always see these types of responses from the schools. Therefore, parents are taking the action necessary to drive awareness of bullying and put a stop to it - by filing a bullying lawsuit.
Related resource: Insurance Journal, "Central Indiana School Bullying Lawsuit Settles for $150,000," 12/8/11.
]]>A number of civil lawsuits were filed against Penn State in days following the firing of head football coach Joe Paterno. The allegations against Jerry Sandusky for sexual abuse are quite similar to those of clergy abuse perpetrated by priests in the Catholic church -- in both cases, those in authority are said to have failed to act on the allegations. It is likely that additional lawsuits will be filed in an effort to hold the university responsible for its alleged failure to report the suspected abuse to outside law enforcement.
In addition to these personal injury lawsuits, criminal charges are also being considered against the state-run university. Per a letter sent earlier this year by the U.S. Department of Education to over 6,000 federally-funded universities, institutions could be punished under the Civil Rights Act for not properly handling cases of sexual violence. A number of states have their own criminal codes that allow educators to be criminally charged for a failure to report allegations of sexual abuse.
]]> In New York, that law pertains only to elementary and secondary school teachers, coaches and administrators are. Failure to report possible abuse carries a Class A misdemeanor with up to one year in jail.Now two New York assemblymen are proposing to a bill that would extend the state's current law to also apply to officials at the post-secondary level.
The bill, titled, "College Coaches and Professionals Reporting Act," would require that administrators, such as deans and school presidents, clinicians, athletic directors and coaches, professors and any other school officials would have to report all alleged sexual abuse to law enforcement authorities.
Legislators believe it is important to hold university officials responsible -- especially because there are multiple opportunities for younger children to be on college campuses. "It's the people of New York State and American and the whole world's concern. We have the opportunity in New York State now to get out in front of this and be progressive," said New York Assemblyman Jim Tedisco (R-Montgomery County).
The two assemblymen, Tedisco and George Amedore (R-Schenectady County), plan to reach out to State Senate Majority Leader Hugh Farley for co-sponsorship of the act in the New York State Senate.
Related resources: Central YNN, "NY legislators propose bill to protect children following Penn State scandal," 11/14/11; New York Times, "On College Campuses, Athletes Often Get Off Easy," 11/11/11.
]]>New York state senator Jeff Klein (D-Bronx) said, "The schoolyard bully of yesteryear has become the cyberbully of today." Parents can no longer simply tell their children to turn the other cheek when verbal and physical abuse could be coming from all directions.
Statistics from the National Crime Prevention Council suggest that across the nation, 43 percent of all teens have been victims of cyberbullying. Common forms of cyberbullying include embarrassing photos on social media sites, negative text messages and Wall posts, and impersonating someone else on Facebook or in a chat room.
]]> Lawmakers at the state and federal levels have taken note of the public's increasing concern regarding cyberbullying. Legislation proposed by the New York Senate Independent Democratic Conference would make cyberbullying -- "a minor creating fear of harm or emotional distress for another minor through electronic communications" -- a crime under third-degree stalking laws.In addition to making cyberbullying a crime, the legislation would also classify "bullycide" -- intentionally or recklessly causing a stalking victim to commit suicide -- as a form of manslaughter.
A number of supporters in the anti-bullying movement have initiated petitions aimed at putting into place protections for children using online and digital media and zero-tolerance bullying policies in schools.
New York already has taken some action to strength policies against bullying in schools. The new Dignity for All Students Act, which will take effect on July 1, 2012, requires schools to have policies for bullying and harassment in their school codes of conduct. Schools must take action against any harassment or bullying that takes place at school, on school business or during school-related functions.
New York is one of the first states taking legal action against cyberbullying, but as awareness grows, it is likely that more states will also take action by creating new laws and regulations criminalizing the act.
Source: "Tragedies Resulting from Bullying Spur Lawmakers, Others to Push for New Laws"
]]>