New York City Personal Injury Lawyer - Wrongful Death

NY Woman Dies in Sweat Lodge at Arizona Resort

Paul Napoli — Mon, 12 Oct 2009 00:22:16 GMT

October 11, 2009

Kirby Brown, 38, of Westtown, N.Y. died Thursday evening during a spiritual cleansing ceremony at a scenic Arizona resort. Authorities identified 40-year-old James Shore of Milwaukee as the second victim who died. 19 other people were taken to area hospitals, suffering from burns, dehydration, respiratory arrest, kidney failure or elevated body temperature.

The incident happened at the Angel Valley Retreat Center, owned by Michael and Amayra Hamilton, outside of Sedona, Arizona. The Hamiltons rented it to self-help expert and author James Arthur Ray for a "Spiritual Warrior" retreat that promised to "absolutely change your life." People aged 30 to 60’s paid between $9,000 and $10,000 to participate in the five-day retreat. This was Ray’s seventh annual event at Angel Valley Retreat Center; there have never been any problems, according to Amayra Hamilton.

Using tarps and blankets, Ray and his staff built a temporary sweat lodge, which is a ceremonial sauna and important ritual used by Native American cultures. 64 retreat participants fasted for 36 hours, ate a breakfast buffet on Thursday morning, attended various seminars and then entered the sweat lodge around 3 p.m.

Shore and Brown were removed from the lodge two hours later without a pulse and not breathing. 911 was called and a nurse employed by Ray for the retreat directed rescue efforts and administered CPR until emergency crews arrived. Other lodge participants were also in medical distress by that time.

Joseph Bruchac, author of "The Native American Sweat Lodge: History and Legends," expressed concerns regarding the materials used to construct the sweat lodge and the number of people inside.

Detectives were focusing on self-help expert and author James Arthur Ray and his staff as they try to determine if criminal negligence played a role, according to Yavapai County Sheriff Steve Waugh on Saturday. He also said Ray refused to speak with authorities and has since left the state. Sheriff's Lt. David Rhodes said authorities were checking whether there was a lag time between the first signs of medical distress and the emergency call.

Brown, who grew up in Brooklyn and Westtown, was a graduate of the State University of New York. A family spokesperson said was an avid surfer and hiker who was "in top shape," took self-improvement seriously and had a passion for art.

The passing of a loved one is always a difficult time for family manners, but it can be even more difficult when the loved one was killed due to the negligence of another person or entity. This is known as wrongful death. If this has happened to a loved one, the decedent's immediate family members may file an action for wrongful death. If someone else's negligence has contributed to a loved one's death, contact Napoli Bern Ripka LLP at 888-529-4669 to discuss what you can do to recover for the loss.

Originally posted at InjuryBoard by Paul Napoli

Staffers Tried To Cover Up Waiting Room Death, Report Says

Chrissie Cole — Fri, 19 Jun 2009 11:32:00 GMT

A report by the Department of Investigation released today -- a year after Esmin Green’s death -- reveals staffers allegedly falsified records and lied to authorities in an attempt to cover up the neglect which led to her death.

Green had been sitting in the King County Hospital waiting room for nearly 24 hours when she collapsed on the floor. She laid there for at least an hour before a nurse attempted to awaken her and found she had no pulse.

Her family was awarded a $2 million settlement as part of a wrongful-death lawsuit last month.

The city-owned hospital accepted full responsibility for the death and says the money does not equate to the value of Green’s life. It has undertaken relieving overcrowding by increasing the size of the staff by 200 to provide mental health services.

Green, a mother of six, had emigrated from Jamaica about a decade ago and worked as an aide with the elderly and at a day care center before she lost her job. Her church knew her as “Sister Green”. She suffered from depression.

Originally posted at InjuryBoard by Chrissie Cole

Deaths of 21 Polo Horses Blamed On Pharmacy Error

Chrissie Cole — Sun, 26 Apr 2009 13:34:00 GMT

Twenty-one of 26 Venezuelan polo horses collapsed and died shortly after being injected with a compound similar to Biodyl, - a French-made supplement consisting of vitamins and minerals, that is not approved in the U.S.

On an order from a veterinarian, Frank’s Pharmacy, located in Ocala, FL, prepared medication that was used to treat the 21 horses on the Lechuza Polo team, said Jennifer Beckett chief operating officer of Frank’s Pharmacy.

“Upon hearing the tragic news, the pharmacy launched an internal investigation and found "the strength of an ingredient in the medication was incorrect.”

Beckett said the pharmacy is cooperating with by state authorities and the FDA as the investigation continues.

According to the AP, the United States Polo Association plans to examine its current safeguards regarding polo horses.

Peter Rizzo, executive director of the Polo Association, in a statement, said that during the association's semiannual meeting Saturday, the USPA Board of Governors approved the establishment of a review committee to examine the practices and policies of other equestrian organizations "as well as examine existing protections for horses and possible improvements including the establishment of a prohibited substance policy." #

Originally posted at InjuryBoard by Chrissie Cole

Two Wrongful Death Lawsuits Filed In NYC Crane Collapse

Chrissie Cole — Mon, 30 Mar 2009 14:04:00 GMT

The families of two men killed in a Manhattan crane collapse last year are suing the city, the crane’s owners and several construction companies for wrongful death.

Donald Leo, 30 and Ramadan Kurtaj, 27, died when the crane collapsed.

The two wrongful death, seeking seek unspecified damages, were filed in state Supreme Court on Monday.

The lawsuits allege New York Crane and Equipment Corp., put a defective 200-foot crane into service that they knew was not fit for use because of past problems and the Department of Buildings allowed it.

Calls to the city and the head of New York Crane, were not immediately returned.

Originally posted at InjuryBoard by Chrissie Cole

Anderson Hospital & 3 Doctors in IL accused for the wrongful death of a patient

Marc Jay Bern — Mon, 26 Jan 2009 16:22:44 GMT

At Anderson Hospital in IL, 3 doctors and the hospital are being accused for causing the death of Frankie Mae Stokes. While receiving care at Anderson Hospital, she received abdominal and ulcer infections, which eventually was the cause of her death. Anderson Hospital acted negligent when they did not foreseen, treat, or acknowledge that the infection was occurring. They had a duty to Stokes to prevent further injury and they failed to provide that care to Stokes. The doctors associated with providing treatment to Stokes also acted negligent because they did not provide the proper care needed in a timely fashion to prevent such infections that eventually lead to Stokes’s death. The doctors were negligent because they failed to correctly diagnose, failed to timely treat the infection, failing to recognize the symptoms, and failure to provide her with proper treatment. The family’s lawyer that is representing her is seeking a settlement of $200,00 plus costs. This is an unfortunate situation, however it shows that hospitals and doctors can and do make mistakes. Wrongful death cases are a very trying time to the families of the deceased and can take a lot of courage to come out about the incident. If one of your family members was treated unfairly and unjustly, contact super lawyers at Napoli Bern Ripka, LLP as soon as possible. They will be able to assess your case and determine the proper steps needed to gain justice for you and your family.

Originally posted at InjuryBoard by Marc Jay Bern

Family Files Wrongful Death Suit For Black Friday Trampling

Chrissie Cole — Thu, 04 Dec 2008 08:27:00 GMT

The family of a New York man trampled to death on Black Friday by a stampede of bargain shoppers has filed a wrongful death lawsuit against Wal-Mart.

The three sisters and brother of Jdimytai Damour also filed notice that Nassau County, on Long Island, and its police department will be sued.

"We’re going to be suing Wal-Mart as well as the owner of the mall, the security company, and we’re contemplating an action against the police and the county of Nassau, although we’re waiting to see what our investigation fleshes out about their involvement," Jordan Hecht told Fox News.

Damour, a temporary worker hired for the holiday season, was crushed to death when more than 2,000 customers stormed the Valley Stream store in Long Island at 5 a.m.

The medical examiner ruled he died of asphyxiation as hundreds of people stepped over his downed body.

"Literally anyone, those hundreds of people who did make their way into the store, literally had to step over or around him or unfortunately on him to get into the Wal-Mart store," said Nassau County Police Commissioner Lawrence Mulvey to Fox News.

Originally posted at InjuryBoard by Chrissie Cole

Family Files Wrongful Death Suit Against Ambulance Company

Chrissie Cole — Sun, 26 Oct 2008 12:10:00 GMT

The family of a Long Island woman who was dropped on her head by two ambulance workers has filed a wrongful death lawsuit against the ambulance company blaming them for her ultimate death.

“The ambulance company was negligent,” says granddaughter Angie Berry.” She fell and she struck her head. Nobody reported it.”

Fortunately, surveillance video captured the incident. It was in March that Lillie Berry was lifted from the ambulance and then dropped onto the pavement. Ambulance employees picked her up quickly and brought Berry, who was unable to speak from a previous stroke, into the hospital for routine dialysis treatment.

When she returned home her daughter noticed she had a bruise on her head so she called the ambulance company. They said nothing happened, said daughter Annese Berry Bickham.

The mother of seven continued to suffer regular seizures and frequent hospital visits.

Berry died in August, prompting a wrongful death lawsuit claiming the Medical Express Ambulance Corp.'s carelessness led to Berry's fall which in turn, "Hastened, exacerbated her death, made her quality of life more difficult, resulting ultimately in her death," attorney Andrew Siben said.

The lawsuit is expected to be filed in the next few weeks. It doesn't ask for any specific dollar amount.

Originally posted at InjuryBoard by Chrissie Cole

$8.75M Wrongful Death Settlement in Staten Island Ferry Crash

Chrissie Cole — Mon, 25 Aug 2008 01:39:00 GMT

A wrongful death lawsuit against New York City has been settled for $8.7 million in the 2003 Staten Island Ferry crash.

In 2003, John Healy was killed when the ferry crashed into the dock at a high rate of speed. The pilot was found to be on painkillers and suffering from fatigue at the time of the crash. He pleaded guilty to negligent manslaughter and lying to officials. He has been sentenced to 18 months in jail.

This settlement is the highest wrongful death payout in the ferry crash that was responsible for killing 10 passengers and critically injuring 42 others.

The city’s ferry director was sentenced to prison for one year after pleading guilty to negligent manslaughter.

If you or a family member was injured in the Staten Island ferry accident on October 15, 2003, it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence suit.

Originally posted at InjuryBoard by Chrissie Cole

Family Files Wrongful Death Lawsuit Over Garbage Truck Death in NYC

Chrissie Cole — Mon, 23 Jun 2008 07:33:00 GMT

The family of an English tourist who was killed by a garbage truck has filed a wrongful death lawsuit against the driver and his employer, Newark-based Action Carting Environmental Services Inc. The suit seeks unspecified damages.

The driver allegedly passed out behind the wheel of the truck after he failed to take his anti-seizure medication and lost control of the vehicle on February 12^th, according to police.

Her companion, also in the vehicle - was killed in the accident. They lived together just outside of London.

The driver has pleaded not guilty to charges of manslaughter and criminally negligent homicide.

A spokesman for Action Carting was out of town and could not be reached for comment.

Originally posted at InjuryBoard by Chrissie Cole

Pfizer, Others Named in Wrongful Death Lawsuit

Chrissie Cole — Thu, 01 May 2008 00:37:00 GMT

Warner-Lambert, Pfizer Inc., and Parke-Davis are listed as defendants in the wrongful death lawsuit filed by a woman and the estate of her now-deceased father, in conjunction with his use of Neurontin.

The suit, seeks recovery of damages for the wrongful death of her father and for personal injuries sustained from Pfizer and Warner-Lambert Co. in connection with the developing, manufacturing, distributing, advertising, marketing, promotion, designing, labeling, promoting and sale of the prescription drug Neurontin.

Neurontin is used in the treatment of post-herpetic neuralgia (PHN), epilepsy, and partial seizures in adults. The drug, manufactured by Pfizer, first received FDA approval in 1993 as an "adjunctive therapy" for patients suffering from epilepsy. Since that time, the FDA has also approved Neurontin for use in patients who are afflicted with PHN. However, because of the direct and indirect marketing of Neurontin, many doctors and patients were duped into believing it was approved for "off-label" uses such as, in the case of Malcolm, depression and chronic pain.

The lawsuit alleges Pfizer deliberately encouraged off-label prescribing of Neurontin through direct and indirect marketing although the company knew the drug was not effective and in many cases, harmful for unapproved usage. Pfizer misleadingly endorsed other off-label uses including bipolar disorder, migraines, attention deficit disorder (ADD) and other health issues.

In the suit filed on April 14, Messer claims the FDA never approved Neurontin for use in any of these conditions. Studies have not established the efficacy or safety of Neurontin for any of these off-label uses. In fact, a 1998 study sponsored by Parke-Davis, who is owned by Pfizer, found that patients with bipolar disorder taking Neurontin did worse than those patients taking a placebo. However, because it was owned by Pfizer, it chose to withhold the findings for two years and, in the meantime, continued to promote Neurontin for off-label usage.

Originally posted at InjuryBoard by Chrissie Cole