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

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 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.

School Bus Accident Lawyers in New York City

If you or your child was injured in a school bus accident, our legal team will provide you with the expertise to secure the compensation you deserve to pay for medical bills, pain, and suffering. We know that both experiencing and witnessing school bus accidents are traumatic for children and can lead to lengthy physical and emotional recoveries.

It is widely believed that school buses provide the safest mode of transport for children traveling to and from school and on field trips. However, accidents occur and often involve serious or fatal injuries. Both passengers and pedestrians can be injured during a bus crash because they don’t engage seat belts, slip, and fall while on the bus, or are struck when boarding or exiting the vehicle.

School bus accidents may involve multiple victims and drivers. This complicates the case and the process of determining who to hold accountable for damages. Our school bus accident lawyer will conduct a thorough investigation to ensure your legal rights are protected while helping you recover maximum compensation from all responsible parties.

Who may be at fault in a school bus accident?

One or more of the following may be at fault:

  • School bus driver
  • The driver of another vehicle
  • School district
  • School bus manufacturer
  • Parts manufacturer
  • A third-party under contract to maintain the bus
  • Private church, school or other organization that owned and operated the school bus
  • The private company under contract to provide transportation for the school
  • Government responsible for construction, road infrastructure, and maintenance

What are common causes of bus accidents?

School bus accidents are caused most commonly by driving mistakes that include:

  • Distracted driving 
  • Speeding
  • Drunk driving
  • Tailgating
  • Aggressive driving
  • Sleep-deprivation driving

What damages can you pursue compensation to cover?

Compensation for both economic and noneconomic damages may be recovered from various sources and include:

  • Medical costs – current and future
  • Rehabilitation and therapy sessions
  • Home health care visits and equipment
  • Long-term care 
  • Lost income and future lost income
  • Lost earning capacity
  • Special equipment and home modifications to accommodate a disability
  • Disability
  • Disfigurement
  • Physical pain and suffering
  • Mental anguish
  • Loss of enjoyment of life
  • Diminished quality of life

Jury Awards $6.78 million in Pedestrian Accident

At age 13, Ernest Lewis and his mother Brenda Lewis were running to catch a stopped bus. Ernest ran alongside the nonmoving bus, hitting its side to alert the driver that he and his mother were approaching. Ernest slipped between the wheels and the driver ran over him. Six years later, experienced bus accident lawyer Richard Gurfein represented Ernest’s family in the case in which he proved to the jury that the bus driver was negligent and Ernest was deserving of damages for past pain and suffering, medical expenses, and future pain and suffering. The bus – pedestrian lawsuit award totaled $6.78 million.

 Contact an experienced school bus-pedestrian accident lawyer today

At Gurfein Douglas you can rely on the scientific training of our two partners to uncover the often hidden technical details of your school bus accident lawsuit that the untrained eye might miss. Our school bus accident lawyer knows what insurance companies look for in evaluating claims, how to make the most beneficial settlement offers and how to best prepare your case. If you or your child was hurt, you deserve compensation.

Volunteers Needed to Judge AAJ’s Mock Trial Competition (STAC)

Friends,

I have the honor this year of being appointed Regional Chair, for the New York Region, of the American Association for Justice’s Annual Student Trial Advocacy Competition (STAC).  I am pleased to invite you to serve as a Volunteer Juror, judging the students’ performance at a mock trial.  Each trial will consist of teams from 2 law schools, requires scoring judges (jurors) and a presiding judge who will run the trial and rule on objections.  Only real judges and experienced trial lawyers can be presiding judges.

For those of you who are unfamiliar with AAJ’s Student Trial Advocacy Competition (STAC), it is a national mock trial competition held every spring in 14 regional locations. Every year, over 150 law schools participate in making up 224 teams with 896 law students, all of whom become AAJ Law Student Members to compete. Over 1,200 lawyers from across the country volunteer to serve as competition judges and 30 AAJ members dedicate their time, energy, and expertise to help host these regional events. The New York City regional event will take place on March 1–3, 2019. The mock trials will take place in the Kings County State Supreme Court located at 360 Adams Street, Brooklyn, NY 11201 (parking in the judge’s lot will be on a first come/first served basis).

There will be 3 sessions of preliminary rounds, one session of semi-final rounds and one session of the final round.  Each preliminary round will consist of 8 trials (16 teams). Each trial requires three scoring judges, a bailiff, and a presiding judge.  So each of the preliminary round sessions require 40 lawyers and judges.

The first session will 4:00 PM. Friday afternoon, March 1, 2019, from 4:30 PM to 8:00 PM.  On Saturday and Sunday, March 2nd and 3rd there will be 12:30 PM sessions, 8:30 AM to 12:00 PM and 12:30PM to 4:00PM.  Each session starts with a short orientation meeting on the main floor (second floor) followed by a three hour trial in a courtroom upstairs.

Please pick the session or sessions that are most convenient for you.  You may click on this link STAC ONLINE SIGN UP  to sign up and pick your sign-up, or you can print the form, fill it out, and fax or email it back to me.

The competition rounds are:

ROUND 1: Friday, March 1st, 4:30 PM-8: 00 PM (8 trials, 40 volunteers needed)

ROUND 2: Saturday, March 2nd, 8:30 AM-12:00 PM (8 trials, 40 volunteers needed)

ROUND 3: Saturday, March 2nd, 12:30 PM-4:00 PM (8 trials, 40 volunteers needed)

SEMI-FINAL ROUND: Sunday, March 3rd, 8:30 AM-12:00 PM (2 trials, 10 volunteers required)

FINAL ROUND: Sunday, March 3rd, 12:30 PM-4: 00 PM (1 trial, 5 volunteers needed)

This is a wonderful event, all of the students devote substantial time training to be good trial lawyers and spending your time in this endeavor will be very satisfying.  If you have any questions or concerns, please feel free to contact me at (212) 406-1600 or via email at rgurfein@gurfeindouglas.com .

Please feel free to share this invitation and the sign up form with your colleagues and friends, we always need additional volunteers, even non-lawyers.

I hope to see you all at the competition.

All the best,

Richard

Vehicle Pedestrian Accidents Prevention

Vehicle and pedestrian car accident due to distraction by smartphone.

In the United States, nearly 6,000 pedestrian deaths were recorded in each of the years 2016 and 2017 – representing record fatalities in the past 25 years – according to the Governors Highway Safety Association (GHSA). 
While the pedestrian death toll increased by 27 percent from 2007 to 2016, fatalities from other traffic accidents have decreased by 14 percent. Safety measures inside cars are protecting drivers and passengers, yet pedestrians face the same risks.

The elderly, poor and uninsured are most vulnerable. Florida is home to eight of the ten of the most dangerous cities for pedestrians. The five most dangerous states are California, Florida, Texas, New York and Arizona. In New York state, only eight percent of the total traffic crashes involve pedestrians. This type of accident, however, tends to result in serious injury or fatalities. Urban areas account for the majority of pedestrian crashes. New York City accounts for 72% of the collisions with 59% of the deaths involving a pedestrian.

Common Causes of Vehicle Pedestrian Accidents

Following speeding and failure to yield, another cause of increased knock-down accidents is drivers distracted by electronic devices – particularly their phones.

Pedestrians are also at fault for being oblivious to traffic conditions. Most fatalities seventy-five percent of occurred in the dark, and in 72 percent of the victim was walking in or crossing a road and wasn’t in an intersection. Also using marijuana and alcohol that impair their abilities. Up to 33 percent of pedestrian fatalities involved a pedestrian with a blood alcohol content above the legal driving limit, according to the most recent GHSA report. Seven states that legalized marijuana noted a 16.4 collective percentage increase.

It’s also worth noting that lower gas prices and a stronger economy result in more people and cars on the roads. Thus, every two hours, a pedestrian dies in a traffic crash.

Higher Risks for the Elderly in Pedestrian Vehicle Accidents

Thirteen percent of the U.S. population is 65 years or older, and 21% of all pedestrian fatalities fall into that age range. As mobility challenges increase with age, the elderly encounter more risks as they navigate streets that were built to move cars, not to keep pedestrians safe. Due to urban sprawl, arterial roads have been constructed but are often the grounds for speeding.

Improved design can protect pedestrians. For example, raised medians where pedestrians can wait as traffic dissipates and overhead lights enhance the visibility of dark crossings. City planners have taken to placing trees and buildings closer to the streets. Drivers slow down when they are required to pay attention to more variables.

Safety Tips for Pedestrians

Be Seen Stay Safe: Make yourself visible to drivers
Wear light or bright colored clothing or use reflective material.
When walking at night carry a flashlight 
Cross the street in crosswalk!
If there are no crosswalks, cross in a well-lit area at night.
Keep a distance from buses, hedges, parked cars, or other obstacles before crossing so drivers can see you.

BABY POWDER AND OVARIAN CANCER

We tend to think of Johnson & Johnson’s Baby Powder and Shower to Shower products as common and safe household items.  Maybe because that’s what we’ve seen on TV commercials forever!  These products are used to prevent dryness and rashes in a variety of applications.  However, these common household products contain a dangerous substance known as “Talc” or “Talcum Powder” which have been shown to be associated with the development of ovarian cancer when used regularly near a woman’s pelvic region.

After analyzing a number of studies, including some which reported as high as a 30% increase in the risk of developing ovarian cancer for women exposed to talcum powder on a regular basis, the International Agency for Research on Cancer (IARC) has classified the perineal (genital) use of talcum-based powders as “possibly carcinogenic to humans”.

Johnson & Johnson was recently ordered to pay $72,000,000.00 to the family of a woman who died from ovarian cancer after using Johnson & Johnson’s Baby Powder and Shower to Shower products.

  During the trial, the jury was shown internal company documents which demonstrated that Johnson & Johnson knew about the risk of ovarian cancer since the 1980’s but hid this important information from the public and regulatory agencies.  After hearing this evidence, the jury ordered Johnson & Johnson to pay $10 million in compensatory damages to the family but, because of the egregious nature of Johnson & Johnson’s conduct, the jury also awarded $62 million in punitive damages to punish Johnson & Johnson and deter it and other manufacturers of powders from similar conduct in the future.

If you or a family member has developed ovarian cancer after prolonged use of the talcum-based body powders, such as Johnson & Johnson Baby Powder or Shower to Shower products, you may have a legal claim for damages.

Contact us today to speak to one of our attorneys about this issue.  We can be reached by the chat window or email or telephone.

PRESS RELEASE-TOP 1 PERCENT

Richard Gurfein, of Gurfein Douglas LLP, has been selected to the 2016 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

BEST LAWYERS SELECTION

Mr. Gurfein, founding partner of Gurfein Douglas LLP, has been selected by our peers for inclusion in the 23rd Edition of Best Lawyers in America, 2017 for his work in

  • Medical Malpractice Law – Plaintiffs
  • Product Liability Law – Plaintiffs.

This is the third year in a row Mr. Gurfein has been selected for inclusion in Best Lawyers in America.

FIVE THINGS YOU SHOULD NOW ABOUT PERSONAL INJURY CASES


Definition – 
Personal injury is a collective term that covers a wide variety of wrongs and damages done to a person, and / or his or hers property, rights or reputation. If you have suffered loss, accident, injury or other misfortune due to other people’s negligence, malpractice, intentional error or someone else’s act or failure to act, you might be entitled to compensation and correction. Of course, no amount of money can truly compensate for your injuries and suffering, but a fair settlement can cover medical expenses, lost wages or damage from emotional distress.

In legal sense, the term personal injury is very comprehensive and covers anything from construction, vehicle, boat, train, bur and slip / trip / fall accidents to medical malpractice, defective drugs and medical devices, toxic exposure and work injuries.

Compensation – Compensation in personal injury cases can cover a variety of expenses occurred due to the negligent action of the defendant (person or legal entity against which a personal injury case has been brought up). These expenses include loss of wages, damage to your property, pain and suffering, disability medical costs (including the future ones), loss of the enjoyment in life, and disfigurement. If the injury results in death, than the settlement should cover funeral costs, loss of financial support, medical costs prior to death, and even loss of companionship.

Majority of personal injury cases are settled before trial – Statistical data has shown that about 95% of personal injury cases are settled prior to trial through negotiations or through a mediation process. A pre-trial settlement can substantially reduce costs that the client would have to cover during litigation.

Statutes of Limitation – This is one of the most crucial elements of any lawsuit. In terms of personal injury cases, the general statutes of limitation in the State of New York is three years since the date of the personal injury. There are exceptions to this rule. For example, if you are filing a notice of claim that involves NY City authorities, than the statute of limitation is only 90 days. For wrongful death cases, this deadline is two years since the date of death while in the case of medical malpractice, the statue of limitations stands at two years and six months.

Collect evidence / Find witnesses – In order to increase the chances of winning your personal injury case and obtaining the best possible settlement, you will need to clearly establish and prove that the defendant has harmed you. Write down in detail the sequence of events that lead to the injury while taking all circumstances and details into account (time of the day, weather, presence of witnesses etc.). Photograph the scene of the accident and your injuries from different angles. Get medical treatment for your injury as soon as possible. Medical treatment should be provided only by a traditional MP (avoid chiropractors, homeopaths, alternative medical practitioners). Ask for copies of all relevant medical files. Look for witnesses who were nearby at the time of your accident. Write down their full name, address and telephone number and ask them if they would be willing to testify at a later stage.

ZOFRAN CAN CAUSE BIRTH DEFECTS

ZOFRAN AND BIRTH DEFECTS 

ZOFRAN is a prescription drug sold by GlaxoSmithKline for control of vomiting and nausea.  It is intended to be used by people who have had chemotherapy and radiation that makes them sick.  When a drug has a specific purpose, it is listed in the company’s information sheet under “INDICATIONS”.  Zofran is “indicated” for nausea in cancer patients.

GlaxoSmithKline has also been promoting Zofran to doctors for pregnant women who are experiencing morning sickness.  Morning sickness is NOT listed in the “indications” part of GlanxoSmithKline’s information sheet, so its use for pregnant women is called “OFF LABEL”.  GlaxoSmithKline’s sales people actively promote this “OFF LABEL” use to doctors.

There are studies which show that pregnant women who take Zofran are twice as likely to have children with birth defects such as cleft palates and heart defects.  If you took Zoran during pregnancy and your child was born with a birth defect, call us, fill in our response form or click on the chat window to speak to an operator now; we may be able to help.

Jury Verdict of $4,783,703 for Misdiagnosis

Manhattan Jury Awards $4,873,703 to 52 year old landscaper, Robert Wyble, and his wife, Zaida Wyble, against Dr. Dale Lange, Chief of Neurology at Hospital for Special Surgery for wrong diagnosis of Myasthenia Gravis. Partner, Richard Gurfein tried the Wybles’ case in Supreme Court, New York County and took the verdict on March 18, 2014.  Reported in the Daily News and WCBS-TV.

clientmisdiagnosis

Mr. Wyble was referred to Dr. Lange in May of 2005 for complaints of falling down without reason and being able to get right back up as though nothing had happened.  Dr. Lange ordered blood tests and a CT scan of Mr. Wyble’s chest, but all the tests were negative.  Nevertheless, Dr. Lange told Mr. Wyble he had Myasthenia Gravis.  This disease of neuromuscular transmission occurs when the body’s own immune system attacks the receptor cells of the muscle and prevents the muscle from getting the signal from the brain to contract or relax.

Dr. Lange started treatment for Myasthenia Gravis in July of 2005 with medication.  By the fall of 2006 he recommended a thymectomy.  The Thymus gland is involved in the body’s immune system.  In the first dozen years of life it seeds cells throughout the body that will produce antibodies to fight off infection throughout life.  After that time it starts to atrophy and ceases to function.  In Myasthenia Gravis, it is believed the Thymus gland reactivates and starts producing these antibodies that attack the receptor cells of the muscles.  Another way the Thymus gland is involved in Myasthenia Gravis is when the Thymus gland develops a tumor.  Testing on Mr. Wyble never found any antibodies or any tumor of thymus gland.

The Thymectomy was done in January 2007.  The surgeon sawed through the breast bone and removed the remnants of the thymus as well as fat.  Then wired the breast bone back together in the same way they do for open heart surgery.  Following the thymectomy Mr. Wyble’s medications were increased.  He was also put on Prednisone and in September, 2007 he was started on biweekly plasma exchanges.  This went on for another two years until Dr. Lange left Mt. Sinai Hospital without telling his patient. Mr. Wyble then found another neurologist, Dr. Betty Mintz

Dr. Betty Mintz agreed to take on Mr. Wyble as a patient.  From the very first visit Dr. Mintz was skeptical about the diagnosis and by November, 2009 when Mr. Wyble suffered an infection of the port for the plasma exchanges, Dr. Mintz was convinced he never had Myasthenia Gravis.  She discontinued all the medication and stopped the plasma exchanges.  She diagnosed Mr. Wyble with Cataplexy which explained the falling down.  She prescribed the correct medicine for that condition and he no longer falls.

The trial lasted three weeks and Dr. Lange continued to maintain he was right in his diagnosis.  The jury disagreed.  They awarded Mr. Wyble $3.5 million dollars for past and future pain and suffering plus the hospital bill of $373,708.  They awarded Mrs. Wyble, who, after six and a half years of being Mr. Wyble’s nurse and not his wife, filed for divorce, $1,000,000 for her loss of services and consortium claim.  The total verdict was $4,873,703.

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