PHILIPS RECALLS CPAC AND BiPAP MACHINES

Written by Lawyers With An Edge on . Posted in Featured, MEDICAL MALPRACTICE. Leave a Comment

On June 14, 2021 Philips, makers of CPAP, BiPAP and mechanical ventilators for home use, issued a recall of certain machines because the sound abatement material could deteriorate and cause potential health risks to the users.  Simply put, the sound insulation could breakdown and release particles or carcinogenic gases into the system which the user could breath in.  Here is the link to read the actual recall notice and get information on how to get your machine fixed.  If your health has been affected by the defect in the machine you should consult your treating doctor as soon as possible.

Before you do anything with the machine please take a picture of the serial number label on the bottom of the machine.  Both to know the serial number and as proof that you owned one of the recalled machines.

As soon as the legal community has created a plan of action, our firm will be accepting clients who used the recalled machines.  At this time, please fill out our new case form on this website and email a picture of the label to staff@gurfeindouglas.com.  Please include a description of how, if at all, your health has worsened since using the recalled machine.

Parents of boy who lost part of leg to subway train sue the city, MTA

Written by Lawyers With An Edge on . Posted in Featured, News.

The parents of a 12-year-old autistic boy who was hit by a subway train last year have sued the city and others for negligence after their son lost part of his leg.

Nathan Stude, now 14, was on the tracks of the Southbound 1 train in the Dyckman Street station on July 9, 2019, when he was struck by the train causing him to lose the lower portion of his left leg, according to the Manhattan Supreme Court lawsuit and his parents.

“Anytime you take a leg from a child who loved to run around and jump and do all sorts of things like that, you deprive them of a sense of freedom,” Roger said.

“That would be for any child. “This is a child who really is limited in how he can express things already and now you are taking away another avenue of expression and freedom.” “Autism is challenging enough for a child and our client’s life has been exponentially complicated by this injury,”

“There were multiple failures on the part of all of the participants that allowed this child to get onto the subway tracks alone and to be struck when he should have been seen.”

lawyer Richard Gurfein told The Post.

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NY Daily News – EXCLUSIVE: Landscaper awarded $4M in medical misdiagnosis case

Written by Lawyers With An Edge on . Posted in Cases, Featured.

withclientmisdiagnosis

An upstate man has been awarded almost $4 million after a top neurologist had him undergo four years of agonizing treatments for a condition he didn’t have, the Daily News has learned.

Robert Wyble, 42, of Pine Island, Orange County, says he had his chest sawed open to remove his thymus gland, underwent biweekly blood treatments and was put on medication that caused him to gain 80 pounds and get hypertension — all because he’d been misdiagnosed as having a potentially fatal condition, myasthenia gravis.

Read more: NY Daily News

Bus Pedestrian Accident Lawyers New York Secure $6.78 Million Verdict

Written by Lawyers With An Edge on . Posted in CAR ACCIDENTS, Cases, Featured.

Bus Pedestrian Accident Lawyers New York Secure $6.78 Million Verdict

After a church service at the First Calvary Baptist Church on 148th Street, Mrs. Lewis and her son Ernest were on their way home. They were trying to catch the BX19 bus at 145th Street at the Convent Ave. bus stop. As Ernest was running alongside the bus, he began hitting the side, which was not moving, to alert the driver of their presence. As he got in front of the middle wheels of this 60-foot-long articulating bus, he tripped, and his legs fell under the bus. An eyewitness, Alphonza Elliott, testified at the trial that it was just about the time the child fell that the driver started the bus. The middle tire rode over his legs. Police officers called to the scene noted a tire tread impression on his leg.

The driver claimed that he knew the child was running for the bus but didn’t see him when he was near the middle and pulled into the intersection. He glanced at his right-side mirror, saw a shadow on the ground, and stopped the bus in the middle of the intersection to investigate. He found Ernest behind the middle tire. There was a lot of blood. He called the TA from the phone on his bus, while the eye witness called 911 on his cell phone.

Suing Severe Injury's Manhattan and Bronx Surface Transit Operating Authority

 

On Thursday evening, March 3, 2011, a New York County jury reached a verdict in the case of Ernest Lewis when as a child with his mother Brenda Lewis, against the Manhattan and Bronx Surface Transit Operating Authority, MABSTOA, and Courtney Thompson, Index no. 101833/07. The four-man, two-woman jury awarded the 13-year-old (now 27) plaintiff $6,783,202.90 for being run over by the BX19 bus at 145th Street and Convent Avenue on November 19, 2005.

Ernest sustained a significant degloving injury to his right lower leg tearing off skin, muscle, and tendons and exposing the bones, fracture of the distal fibula, avulsion of the distal tibia, and a fracture of the left calcaneus. Ernest was taken to Columbia Presbyterian Hospital, where skilled trauma specialists treated him for 3 1/2 weeks, saving his leg. He was taken to the OR on 8 separate occasions for the placement of pins and an external fixator to hold the fractured fibula in place, placement of a rod in the fibula (permanent) to align the bone fragments, a syndesmotic screw to realign the spacing between the tibia and fibula and an 8 1/2 hour surgery to harvest muscle from his abdomen to transplant into his leg and to harvest skin from his thigh to graft over the transplanted muscle. He also had a cast on his left foot. After 3 1/ 2 weeks at Children’s hospital, he was transferred to St. Mary’s Rehabilitation Hospital in Ossining, New York, on December 15, 2005. He remained there until February 24, 2006, making periodic visits to his doctors at Presbyterian. The cast on the left leg was removed on January 5, 2006, and the external fixator was removed on February 14, 2006.

 

To Rebuild A Future, Going To Trial To Prove Negligence And Receive Compensation

The trial, which started on February 22, 2011, before Justice Geoffrey Wright in Supreme Court, New York County, in the evening, ending in a jury verdict. The jury awarded Ernest $2,500,000.00 for past pain and suffering, $283,202.09 for past medical expenses, and $4,000,000 over ten years for future pain and suffering.

He continued to receive nursing care and physical therapy at home until May 2006, when he finally returned to his 8th-grade class at St. Dominic’s School. Ernest is presently in his freshman year at Berkley College in Manhattan, expecting to earn a degree in business in four years. Ernest and Mrs. Lewis were represented by Richard A. Gurfein, Esq. of Gurfein Douglas LLP in Manhattan. The Transit Authority and the other defendants were represented by Lynne Troy Henderson, Esq. of Wallace Gossett’s office.

Comment: The Bus Operator knew the child was alongside his bus. He should only have moved the bus once the child left the danger zone.

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Lawyers with an Edge Proving Negligence in Motor Vehicle Accidents

At Gurfein Douglas LLP, you can rely on our scientific and engineering knowledge and years of experience to uncover the story that the untrained eye might miss. Richard Gurfein and Preston Douglas are the Lawyers With An Edge.

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A BRONX GRANDMOTHER AWARDED $110.6 MILLION IN A MALPRACTICE LAWSUIT

Written by Lawyers With An Edge on . Posted in Cases, Featured.

A Bronx Grandmother Awarded $110.6 Million In A Medical Malpractice Lawsuit

 

Keimoneia Redish is pictured inside her Bronx apartment on Saturday. (Gregg Vigliotti/for New York Daily News)

In an article reported by the New York Daily News By Cathy Burke Apr 13, 2019

The Grandmother sued St. Barnabas Hospital and the team of doctors who treated her during her 2010 asthma attack that triggered a massive brain injury. In a jury verdict in Bronx Supreme Court Keimoneia Redish, 48, decided in favor of the mother of five sons and one grandchild. Richard Gurfein of Gurfein Douglas argued doctors failed to consider transferring her to nearby facilities with ECMO (extracorporeal membrane oxygenation) able to remove the build-up of carbon dioxide in her brain and could prevent injury to her brain and swelling caused by the buildup of carbon dioxide.”

After her stays of over 300 days in the hospital or nursing home. She now uses a wheelchair with profound motor disabilities and slurred speech. She has to be cared for full-time by her partner and former chef. “She was an amazing mom, the vice president of the PTA,” Gurfein said. “She was the center of the family.” She deserves this 110.6 million award to help her maintain her care and compensate her for some of the tremendous sufferings she has endured. Read the full story with additional pictures in the New York Daily News.

What Makes Gurfein Douglas The Best NYC Medical Malpractice Lawyers?

At Gurfein Douglas LLP, you can rely on our scientific and engineering knowledge and years of experience to uncover the story that the untrained eye might miss. Developing the theory of the case and understanding the medical details and standard of care resulted in this case record and just outcome. In the video, learn more about why Richard Gurfein and Preston Douglas are the Lawyers With An Edge. If you feel, the negligence of a doctor or hospital has severely injured you.

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