In yesterday’s column in the New York Law Journal, our managing partner Ben Rubinowitz assisted by our associate Brian Karalunas and Evan Torgan, a member of Torgan Cooper & Aaron wrote:
All attorneys must abide by the Rules of Professional Conduct, but many fail to realize that similar requirements apply to most individuals providing expert testimony. These standards can provide ammunition for impeachment when expert witnesses fail to abide by the ethical requirements of their field.
In a startling revelation brought to light by the investigative efforts of ProPublica and the Pittsburgh Post-Gazette, the Philips Respironics case has unveiled a disturbing narrative of corporate negligence. Over an 11-year period, this medical device manufacturer concealed mounting evidence of serious issues with its breathing machines, placing profit above patient safety.In 2010, Philips Respironics, a renowned manufacturer of breathing machines used globally in homes and hospitals, made a pivotal decision to redesign its best-selling devices. The intention was to eliminate an annoying rattle that kept users awake at night. However, this seemingly well-intentioned decision led to a cascade of problems that has left countless individuals in distress and brought the company under intense scrutiny.
To dampen the irritating noise issue, Philips opted for an industrial foam, akin to what you might find in your sofa or mattress. Little did they know that this choice would prove catastrophic. Reports began to emerge, describing “black particles,” “dirt and dust,” and even an “oily-like” substance within the breathing machines. Users were sounding the alarm about “contamination,” signaling that something was seriously amiss.
As medical malpractice attorneys, our professional focus is on advocating for individuals suffering from medical negligence. The recent incident at Montefiore’s Family Health Center in The Bronx, where the body of Sary Mao went undiscovered for five days following her heart attack, resonates deeply with the issues we encounter in our work
Imagine the unthinkable pain of losing a child in a tragic school bus accident, only to later discover that the school had chosen a bus company listed as “unacceptable” by state authorities. The shock, anger, and heartbreak that follow such a revelation are unimaginable. In the wake of the recent Orange County, New York bus crash involving Regency Transportation, grieving parents are left grappling with this devastating truth, questioning the choices made by the educational institutions responsible for their children’s safety.
Bus operators on the state’s list of unacceptable operators may still continue to operate, but they face heightened scrutiny and more rigorous inspections from state authorities. This added level of oversight is designed to ensure the safety of passengers and prevent further accidents. The bus involved in the tragic crash had recently been acquired by Regency Transportation in the summer. Surprisingly, the New York Department of Transportation had already inspected it twice before the accident occurred. Both inspections resulted in a passing grade, indicating that the bus met the necessary safety standards. However, this does not tell the whole story.
History of Failed Inspections
A recent CBS New York investigation indicates that Monadock Construction was cited by NYC in the crane accident that occurred in Hells Kitchen last July and left 12 people injured.
Back in July a massive crane caught fire and collapsed onto a nearby building, causing widespread panic and property damage. Now, in a significant development, the city authorities have cited Monadnock Construction, the construction contractor responsible for the project, for failing to safeguard the construction site. This citation carries a potential penalty of $25,000, raising important questions about accountability and safety in construction operations.
Amidst growing concerns about the quality of care in nursing homes, the Centers for Medicare & Medicaid Services (CMS) recently introduced proposed guidelines aimed at improving staffing levels. However, a new estimate by the Kaiser Family Foundation (KFF) has revealed that a staggering 81% of nursing home facilities nationwide, and a staggering 90% of for-profit facilities, would need to hire additional registered nurses (RNs) or nurse aides to meet these standards.
Under the proposed rule, nursing homes would be required to maintain a minimum of 0.55 RN and 2.45 nurse aide hours per resident day, along with having an RN available on staff 24/7. This rule is a response to long-standing concerns about inadequate staffing negatively affecting the care provided to nursing home residents.
Predictably, industry leaders have voiced their reservations about this proposal, arguing that a nationwide nursing shortage makes it nearly impossible for facilities to meet these staffing targets. The effects of the COVID-19 pandemic have further exacerbated this issue, with many workers leaving their positions due to burnout, low wages, and the intense stress associated with caring for vulnerable populations during a public health crisis.
Congratulations to the 12 attorneys at our firm who were included in this year’s 2023 New York Metro Super Lawyers and 2023 New York Metro Rising Stars lists. Among them, our managing partner, Ben Rubinowitz also made it to the top 10 New York Metro Super Lawyers while senior partners Jeffrey Bloom and Howard Hershenhorn were also listed in the top 100 New York Metro Super Lawyers.For the 18th consecutive year, our firm was one of the personal injury law firms in New York City with the highest amount of attorneys listed in Super Lawyers. These attorneys are:
A school bus and a 44-year-old bicyclist were both traveling in the same direction along Fort Hamilton Parkway when the bus made a right turn onto 41st Street, resulting in the back of the bus striking the cyclist. Despite the immediate response of the bus driver, the bicyclist succumbed to his injuries, leaving behind a grieving family and a community in shock.
Local residents and witnesses to the accident expressed their condolences for the victim’s family and voiced their concerns about the safety of this particular intersection. They highlighted the area’s reputation as a busy and potentially dangerous spot for both cyclists and motorists alike. Instances like this underscore the urgency of addressing safety concerns on our roads.
In the aftermath of such a tragic incident, investigations are launched to determine the exact cause of the collision. Bicycle accident lawyers play a pivotal role in assisting victims and their families during this challenging time. They:
A bus carrying 40 students from Farmingdale High School and four adults tumbled down a 50-foot ravine on Interstate 84 in Orange County, New York. The accident resulted in the tragic deaths of Gina Pellettiere, 43, and Beatrice Ferrari, 77. Additionally, several students sustained serious injuries, with five in critical condition. More than 40 individuals were injured in total.
Preliminary information suggests that a failure of a front tire may have contributed to the accident. However, a comprehensive investigation is underway to determine the exact causes and identify potential liabilities. In cases like this, multiple parties may be held responsible, including the bus company, the driver, and even the tire manufacturer if a defective tire is found to be a contributing factor.
A Bronx daycare center operator and a man living with her are now facing murder charges following the tragic death of 1-year-old Nicholas Feliz-Dominici. The child’s passing has prompted not only grief but also profound questions about the city’s oversight and regulation of daycare centers. Investigators suspect that Nicholas lost his life due to exposure to the lethal opioid fentanyl, raising concerns about childcare safety and the effectiveness of regulatory checks.
Grei Mendez, a 36-year-old, owns El Divino Nino Day Care, located on Morris Ave. near E. 196th St. in Fordham Manor. Carlisto Acevedo Brito, aged 41, is the man who resided with her. Both individuals have been charged with a slew of serious offenses, including murder, criminal possession of a narcotic, and endangering the welfare of a child. These accusations cast a pall over this harrowing case.
New York Personal Injury Attorneys Blog