New York City Personal Injury Lawyer

Study Links Soda to Increase of Pancreatic Cancer

Paul Napoli — Mon, 08 Feb 2010 23:45:17 GMT

February 8, 2010

A new study published in the February 2010 issue of Cancer Epidemiology, Biomarkers & Prevention, a journal of the American Association for Cancer Research, has linked the consumption of two or more sodas a week to an increased rate of pancreatic cancer.

''People who drank two or more soft drinks a week had an 87% increased risk -- or nearly twice the risk -- of pancreatic cancer compared to individuals consuming no soft drinks," study lead author Noel T. Mueller, MPH, a research associate at the Cancer Control Program at Georgetown University Medical Center, Washington, D.C. told WebMD.

Researchers studied the diets, including soda and juice consumption, and cancer rates of 60,000 study participants in Singapore over a 14- year period. They believe that the sugar in sodas increases the insulin secretion of the pancreas and promotes growth of cancer cells. The study found no link between pancreatic cancer and drinking juice.

In response to the study, the American Beverage Association released a statement denying any link between soda consumption and increased risk of pancreatic cancer, calling the study “weak.”

“The fact remains that soft drinks do not cause cancer, nor do any authoritative bodies, such as NCI, name soft drinks as a risk factor for pancreatic cancer. You can be a healthy person and enjoy soft drinks. The key to a healthy lifestyle is balance -- eating a variety of foods and beverages in moderation along with getting regular physical activity," said the American Beverage Association statement.

If you or a loved one has suffered adverse health issues resulting from a defective or dangerous product, you may be entitled to compensation. When a product causes serious injury or death, it is important to contact a personal injury attorney who has experience in handling product liability cases. Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Call Napoli Bern Ripka LLP today at 888-529-4669 to discuss your case and determine if you are entitled to compensation for your injuries.

Originally posted at InjuryBoard by Paul Napoli

PA Mall Evacuated Due to Carbon Monoxide

Paul Napoli — Sun, 07 Feb 2010 23:52:47 GMT

February 7, 2010

Firefighters responding to a report of a diesel leak just before noon Sunday at a Delaware County shopping mall, instead found deadly carbon monoxide.

The Lima Fire Company of Middleton Township evacuated the Granite Run Mall in Media, PA after detecting high levels of carbon monoxide they attributed to a fuel leak in the heater room of the JC Penney department store. Fire Chief Bill Cairns told Philadelphia news station 6ABC – WPVI that the ventilation system would not turn off and distributed carbon monoxide throughout the entire mall, prompting the evacuation.

Carbon monoxide is an odorless, colorless and toxic gas that is impossible to see, taste or smell, therefore CO can kill before the victim is aware of its presence. At lower levels of exposure, CO causes mild effects that are often mistaken for the flu. The most common symptoms of CO poisoning are headache, dizziness, weakness, nausea, vomiting, chest pain and confusion, while high levels of inhalation can cause loss of consciousness and death.

If you or a family member has suffered a carbon monoxide injury due to someone else’s negligence or a defective appliance or equipment, you may be entitled to compensation. Call Napoli Bern Ripka LLP at 888-529-4669, we have the experience and knowledge needed to help you file a personal injury claim and see it through to its resolution. Our experienced attorneys can answer your questions and ease your concerns so that you can concentrate on healing from your injury.

Originally posted at InjuryBoard by Paul Napoli

Two Critically Injured after Hitting Sleeping Drunk’s Parked Car in Road

Paul Napoli — Sun, 07 Feb 2010 23:51:06 GMT

February 6, 2010

An accident in Newark has left two critically injured after their car rear-ended the vehicle of a drunken man who parked in the middle of the road and went to sleep, reported The Star-Ledger.

A drunken Rolondo Ibarrafreire, 29, of Linden, parked his Ford pickup truck in the southbound left lanes of Routes 1&9 and then fell asleep, according to police. Nelson Letra, 35, who had been traveling behind Ibarrafreire’s vehicle, pulled onto the shoulder and called 911 to alert police to the danger.

“I said, somebody is going to die,” Letra told The Star-Ledger. “I got scared because I kept seeing all these cars swerving to avoid this guy. I stayed there for 15 minutes, and not one cop car showed up.”

About 3 a.m., Luis Vega, 26, of Hillside, and his unidentified 23-year-old passenger in a Honda Civic crashed into the rear end of Ibarrafreire’s pickup. Ambulances transported all three people to University Hospital in Newark, where they released Ibarrafreire after treatment of minor injuries and Vega and his passenger remain hospitalized in critical condition.

Newark police arrested Ibarrafreire for driving drunk and denied receiving any 911 calls from Letra.

Read The Star-Ledger article here: http://www.nj.com/news/index.ssf/2010/02/police_say_drunk_driver_critic.html

If you or loved one has been injured or a loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Call 1-888-529-4669 today to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli

Passenger Falls Through Platform Gap at LIRR Syosset Station

Paul Napoli — Sun, 07 Feb 2010 23:49:24 GMT

February 5, 2010

A man suffered injuries when he exited the train and fell through the gap between the train and the platform onto the track at the Long Island Rail Road (LIRR) Syosset station on Tuesday, the Syosset Jericho Tribune reported.

The accident happened about 1 p.m. as the passenger exited the third train car of the westbound train. LIRR employees cut electricity to the third rail while they extricated the man from the tracks and onto the platform. The unidentified victim was admitted to Syosset Hospital for treatment of head and back injuries.

The curve at Syosset station is problematic because it creates large gaps between the train and platform, the widest gaps on Long Island.

“Fortunately, this man was not killed, however the accident could have been avoidable and I call on the MTA to take action to use new technology to close these situations where they exist,” Nassau County Legislator Judy Jacobs said.

An LIRR spokesperson told the Syosset Jericho Tribune that it had reduced gap related accidents through a passenger education campaign of warning signage and announcements. The LIRR just spent $1.5 million dollars on renovations at Syosset station, including platform shifts, signage and bridge plates to close the gap.

Read the entire Syosset Jericho Tribune article here: http://www.antonnews.com/syossetjerichotribune/news/5910-man-falls-through-gap-at-syosset-train-station.html

If you or a family member has been hurt while using or suffered injury by a mass transit bus or train, call Napoli Bern Ripka, LLP today at 888-529-4669. There is a possibility of collecting compensation for lost wages, medical expenses, pain and suffering, and present and future disability. Only an experienced attorney can help you determine if your claim has merit and, if so, how much you could recover. Do not discuss your case without having an experienced legal representative to advise you.

Originally posted at InjuryBoard by Paul Napoli

Parents, Check Your Children’s Jewelry Again – Another Recall

Paul Napoli — Sun, 07 Feb 2010 23:41:03 GMT

February 4, 2010

The U.S. Consumer Product Safety Commission (CPSC) announced two separate recalls of children’s jewelry products on Tuesday due to dangerous lead content. Children are extremely susceptible to lead poisoning because they have a habit of placing hands and objects in the mouth, sometimes accidentally swallowing small toys that may contain lead.

The CPSC and Playmates Toys, of Costa Mesa, CA, are recalling about 252,000 Disney branded “Tiny Tink and Friends” Children’s Toy Jewelry Sets because a cylindrical metal connector on the jewelry charm can contain levels of total lead in excess of 300 ppm, which is prohibited under federal law.

Consumers may have bought the recalled “Tiny Tink and Friends” at retailers nationwide from November 2008 through November 2009 for between $6 and $8 and may identify the product by the following product codes:

Tinker Bell's Lil’ Tinker Bracelet – Item# 74634 – UPC 0 43377 74634 8

Tinker Bell's Lil’ Tinker Bracelet – Item# 74641 – UPC 0 43377 74641 6

Rosetta's Rosebud Key Chain – Item# 74631 – UPC 0 43377 74631 7

Silvermist's Water Lily Necklace – Item# 74632 – UPC 0 43377 74632 4

The manufacturer advises consumers to immediately take the charm and cord away from children, discard the items and contact Playmates toys at (888) 810-1133 for a replacement charm accessory.

In the second recall, the CPSC and Schurman Fine Papers, of Fairfield, CA, are recalling about 174,000 Papyrus Brand Greeting Cards and attached wooden bead bracelet because the surface paint coating on the bracelets contains excessive levels of lead, violating the federal lead paint standard.

Consumers can identify the recalled cards by the words “Happy Birthday to You” on the front and an attached bead in the shape of a heart with the word “smile” printed on it. The colorful bracelet includes wooden beads with one in the shape of a butterfly. The back of the greeting card reads, “BD 63401 | © Jean Card & Gift Company” and the card insert reads, “USA $6.95 | CAN $10.50 | Made in China | © Jean Card & Gift Company” and includes UPC number 734524634013 in the lower right hand corner.

These cards were sold at card stores and other retailers from February 2004 to September 2009 for about $7.

Consumers should immediately stop using the bracelet and contact Schurman Fine Papers at (888) 990-9095 for instructions on how to receive a refund.

“Lead poisoning is the number one environmental hazard threatening children throughout the United States, affecting an estimated 310,000 children under the age of six,” says the Coalition to End Childhood Lead Poisoning. Lead poisoning causes learning disabilities, lowered I.Q., hyperactivity, attention deficit disorder, speech delay, hearing loss, slowed or reduced growth, behavioral problems and violent or aggressive behavior. High-level lead poisoning can result in severe cognitive disabilities, coma and death.

The mission of the non-profit Coalition to End Childhood Lead Poisoning is the creation of resources, programs and policies to prevent childhood lead poisoning and home-based environmental health hazards.

Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If your child was injured or killed as the result of a defective product, you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim for payment of medical expenses incurred and compensation for the injury or loss. Call 888-529-4669 today.

Originally posted at InjuryBoard by Paul Napoli

Carbon Monoxide Closes 2 Philly Restaurants and a 550 Student Dorm, Injuries Reported

Paul Napoli — Tue, 02 Feb 2010 12:43:23 GMT

February 1, 2010

The Philly Fire Department responded to an Art Institute of Philadelphia dormitory building at 1346 Chestnut Street in Center City early this morning after carbon monoxide (CO) detectors started ringing about 5 a.m.

The crews found high levels of the odorless deadly gas in the 14-story building that houses about 550 students and two restaurants, the Capital Grill and the Olive Garden on the first floor. They transported several students to the hospital and evacuated the building while they searched for the source of the leak.

Fire Department spokesperson Richard Davison revealed that the carbon monoxide readings varied from 120ppm (parts per million) to 3,800ppm. According to the U.S. Environmental Protection Agency (EPA), no standards have been established for indoor air, but the U.S. National Ambient Air Quality Standards for outdoor air are not to exceed 9ppm for 8 hours and 35ppm for 1 hour.

The EPA states about 170 people in the United States die every year from CO produced by non-automotive consumer products. These products include malfunctioning fuel-burning appliances such as furnaces, ranges, water heaters and room heaters; engine-powered equipment such as portable generators; fireplaces; and charcoal that is burned in homes and other enclosed areas. The Centers for Disease Control and Prevention estimates that several thousand people go to hospital emergency rooms every year for CO poisoning treatment.

The city has closed the building until officials determine the cause of the carbon monoxide, which will likely take a few days. The Art Institute of Philadelphia said it would house the students at area hotels until the building is safe for occupancy.

Originally posted at InjuryBoard by Paul Napoli

CSX Worker Falls from Bridge into the Hackensack River

Paul Napoli — Tue, 02 Feb 2010 12:41:07 GMT

January 31, 2010

A worker for the CSX Corporation has died from injuries incurred in a fall from a CSX bridge into the Hackensack River, The Jersey Journal reported.

About 4:30 a.m. on Friday morning, Robert Fitzgerald, 55, of North Arlington, was working on the CSX bridge adjacent to the Wittpenn Bridge, which connects Jersey City with Kearny along route 7, when he fell 50 feet into the frigid water below. He was able to swim to the pilings before falling unconscious from hypothermia.

The Jersey City Police Department Emergency Services Unit responded to the scene and hoisted Fitzgerald back up to the bridge in a basket. They transported him to Jersey Medical Center where he was said to be recovering and feeling better, but then succumbed to his injuries and died about nine hours later at 1:30 p.m.

If you have been injured on the job, you may be entitled to compensation such as medical expenses and lost wages for your injuries, or if your loved one has been injured or killed while on the job, you may be entitled to compensation such as funeral expenses or loss of financial support. At Napoli Bern Ripka, LLP we are experienced in personal injury and wrongful death lawsuits. Contact us to discuss your case and recover the compensation you deserve at 888-529-4669 or visit www.NapoliBern.com today.

Originally posted at InjuryBoard by Paul Napoli

Government Seeks to Recall and Regulate Cadmium in Children’s Products

Paul Napoli — Tue, 02 Feb 2010 12:39:16 GMT

Following an investigation by the Associated Press, the U.S. Consumer Product Safety Commission (CPSC) has tested and recalled two Disney necklaces because they contain cadmium, a metal that is dangerous to children.

In the first cadmium related recall in U.S. history, the CPSC is recalling about 55,000 of Disney’s The Princess and the Frog necklaces, sold exclusively at Wal-Mart nationwide from November 2009 through January 2010 for $5. Wal-Mart voluntarily pulled the necklaces from store shelves the same day they were featured in an Associated Press article on January 11, 2010.

Cadmium is a heavy metal used in consumer products such as batteries, pigments and coatings/platings. It is a known carcinogen and shown to cause developmental problems in small children. Children wearing jewelry containing cadmium absorb the toxin through the skin and by placing the jewelry in their mouth.

The recalled jewelry is shaped as a metal crown or frog pendant on a metal link chain necklace in a crown-hinged box. The packaging has the words “The Princess and the Frog” on it and contains the following model numbers and UPC codes: Crown Model # 4616-4187 UPC # 72783367144 and Frog Model # 4616-4190 UPC # 72783367147.

The AP investigation bought and tested 103 pieces of children’s jewelry in New York, Ohio, Texas, and California, finding twelve percent of the pieces contained at least 10 percent cadmium. Pendants from four The Princess and the Frog necklaces ranged between 25 and 35% cadmium and one other piece was whopping 91% cadmium. The Consumer Safety Improvement Act of 2008 barred the use of lead in products for children under 12 years old. In response, some Chinese manufacturers started using cadmium, the AP reported.

Two days after the AP article, U.S. Senator Charles E. Schumer, of New York, announced legislation to ban the use of cadmium and certain other heavy metals in children’s jewelry.

It is shocking and unacceptable that Chinese manufacturers are putting a deadly toxic metal that threatens our children’s health and well being into jewelry and trinkets that kids play with and chew on. It makes your blood boil. This has to end, and end now,” said Senator Schumer. “This new report shows that cadmium is not only extremely harmful to our children but also extremely common in children’s products across the United States. There is enough evidence about how dangerous this metal is that we must take action immediately so no more children are put in harm’s way. It’s time to get this toxic metal—and all others like it—out of children’s jewelry and keep it out.”

Originally posted at InjuryBoard by Paul Napoli

Company Gets Wrong Address and Fills Long Island Man’s Basement with Heating Oil

Paul Napoli — Tue, 02 Feb 2010 12:36:34 GMT

A Long Island man came home from work Tuesday afternoon to a find a huge mess in his basement.

Lance Leach, of Freeport, found that his old heating oil supplier had made a mistake with the address and pumped heating oil into the old exterior fill pipe. The problem is that Leach removed the heating oil tank over a year ago when he switched to natural gas. 75 gallons of heating oil poured into Leach’s newly renovated basement, destroying it and causing a greasy, smelly mess.

Leach told Newsday that he called the fuel company, O'Connor Brothers Fuel in Freeport, who immediately dispatched a remediation company to rectify the mistake. However, 41-year-old Leach has moved his wife, two sons and a 91-year-old family member to a local hotel due the overpowering smell.

Kevin Rooney, chief executive of the Oil Heat Institute of Long Island, a trade group based in Hauppauge, told Newsday that this isn’t an isolated event and that there are about six such mistakes on Long Island each year. He said it usually the responsibility of the homeowner to comply with building regulations by permanently removing or sealing the fill and vent pipes when they remove the residential oil tanks. "If that had happened here, there would not have been an accident,” Rooney said.

Newsday reported that an adjuster from Leach’s insurance company inspected the damage in the basement on Wednesday and that Leach will wait to see what the insurance companies decide.

If you have suffered an injury or property damage, or a family member has suffered an injury due to someone else’s negligence, you may be entitled to compensation. Call Napoli Bern Ripka LLP at 888-529-4669, we have the experience and knowledge needed to help you file a claim for damages and see it through to its resolution. Our experienced attorneys can answer your questions and ease your concerns so that you can concentrate on healing from your injury.

Originally posted at InjuryBoard by Paul Napoli

Police Say Trucker Watching Porn Caused Death of Mother of Two

Paul Napoli — Tue, 02 Feb 2010 12:25:53 GMT

At a time when Federal and State governments are regulating or prohibiting the use of hand held phones and devices while driving, Thomas Wallace, 45, drove his big rig on the highway while watching pornographic movies on his laptop computer and killed the mother of two little boys.

On December 12, 2009, Julie Stratton, 33, dropped her 3-year-old son off at her sisters in Rochester for the night and headed home to Snyder on the New York State Thruway, where she hit a deer near Pembroke. Her car was disabled and stopped in the westbound lane; she remained inside and called 911 to report the accident.

New York State Police say other vehicles managed to steer around and avoid crashing into Stratton’s disabled car, but not a tractor-trailer that smashed the car to pieces and killed her several minutes after she called 911.

Stratton worked as the Evaluations Coordinator at the Cantalician for Learning Center, where she was creating a program to service children with autism. She leaves behind a husband and two sons, Samuel, 3 and Benjamin, 1.

Police sent a laptop computer found within Wallace’s reach in the truck cab to the Western New York Regional Computer Forensics Lab, where they found it was in use and streaming pornographic movies at the time of the crash. Police believe it likely caused a distraction, preventing Wallace from seeing and avoiding Stratton’s disabled vehicle.

Investigators also found that Wallace was in violation of federal regulations that limit the working hours of commercial drivers by driving with no more than four hours of sleep and being on duty for 27 hours prior to the fatal crash. They also found to him to be keeping a fictitious logbook.

Their investigation of the December 2009 accident complete, police arrested Wallace, of Brook Park, OH, and charged him with second-degree manslaughter. He is being held in the Genesee County Jail in lieu of $50,000 cash or $200,000 bond.

Commercial trucking accidents can occur due to a variety of causes. On roadways occupied mostly by passenger vehicles, commercial trucking accidents can cause very severe property damage, life-threatening injuries and even death. If you are injured or a loved one killed in a trucking accident, you need to contact a personal injury attorney who is experienced in trucking accidents as soon as possible. Visit www.NBRLawFirm.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the medical care you need and the compensation you deserve.

Originally posted at InjuryBoard by Paul Napoli