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Allen Rosner Selected As National Trial Lawyers: Top 40 Under 40

Edelman, Krasin & Jaye PLLC is pleased to congratulate attorney Allen Rosner on being selected to join the elite group of National Trial Lawyers: Top 40 Under 40. As a recipient of this prestigious honor, Mr. Rosner is recognized as belonging among the highest ranks of civil plaintiff and criminal defense lawyers under the age of 40 in New York State.

The National Trial Lawyers® organization extends membership invitations to only a small number of attorneys from each state “who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile.” The rigorous multi-stage selection process includes nominations from a candidate’s peers as well as extensive third-party research.

Allen Rosner recognized among the top personal injury attorneys in New York

Allen Rosner’s inclusion among The Top 40 Under 40 Lawyers is a truly distinguished accomplishment and a well-deserved honor. Honorees stand out for their knowledge, reputation, skill and career accomplishments within their age group.

Allen Rosner, trial counsel for EKJ, represents clients in a wide variety of complex legal claims, including mass tort and medical malpractice litigation, as well as lawsuits involving car accidents, negligence on the part of property owners leading to an injury (premises liability), lead poisoning and more. Mr. Rosner takes pride in his reputation for always going the extra mile for his clients, whether it’s working side by side with them during all stages of mediation or settlement negotiations, or tenaciously fighting for their rights in court before a judge and jury.

Special insight into commercial litigation

Mr. Rosner currently serves as President of the Business Networking International Apollo Chapter. Mr. Rosner’s specialized business knowledge — he graduated summa cum laude from the University of Rhode Island in Accounting — gives him a unique insight into commercial litigation as well as other business-related legal matters, such as breach of contract.

Mr. Rosner has been a dedicated participant in the Cardozo Law School Mentoring Program. As a representative to the Young Lawyers Section, he has also served on the Executive Board of the Torts, Insurance and Compensation Law Section of the New York State Bar.

Mr. Rosner is a 2011 cum laude graduate of St. John’s University School of Law, where he served as Editor-in-Chief of the New York Litigator Law Journal.

Mr. Rosner’s other professional affiliations include the New York State Trial Lawyers Association and the New York State Bar Association.

EKJ Announces 2nd Annual Long Island CRPS/RSD Awareness Walk

CRPS/RSD Awareness Walk LogoThe Law Office of Edelman, Krasin & Jaye is proud to be a Gold Sponsor of the Second Annual Long Island CRPS/RSD Awareness Walk benefiting the Reflex Sympathetic Dystrophy Syndrome Association (RSDSA), to be held next Saturday, September 9th.

Bring your family and friends, wear comfortable walking shoes, and learn more about this little known, progressive disease and the families affected by it.

2nd Annual Long Island CRPS/RSD Awareness Walk

Edelman, Krasin & Jaye hopes you will join us for the 2nd Annual Long Island CRPS/RSD Awareness Walk – a wonderful opportunity to meet others affected by Reflex Sympathetic Dystrophy, also known as Complex Regional Pain Syndrome (CRPS). There will be speakers, educational materials, crafts for the whole family, and a BBQ!

Help promote public awareness of Complex Regional Pain Syndrome while getting some exercise! Registration is available on the day of the walk, starting at 8AM.

Date: Saturday, September 9, 2017
Location: Dogwood Field in Eisenhower Park in East Meadow, NY (at the corner of Merrick Ave and Hempstead Turnpike)
Recommendations: Participants are encouraged to bring their own blankets and portable chairs

About Reflex Sympathetic Dystrophy (RSD)/CRPS

Complex regional pain syndrome is characterized by chronic pain (lasting more than six months), which usually affects one limb. While the cause of this disorder isn’t fully understood, it is believed that damage to the nervous system and peripheral nerves – which sometimes occurs during injury – is a contributing factor.

The main symptoms of Reflex Sympathetic Dystrophy include severe, constant pain that can range from a “pins and needles” feeling to a sharp, burning sensation. The pain can affect an entire leg or arm, and may even spread to another limb. People who suffer from CRPS may also experience blotchy skin, changes in skin temperature, or experience swelling of the afflicted limb, triggered by abnormal circulation in the area.

If not diagnosed and treated early, this disorder can progress rapidly, resulting in further complications such as tissue wasting (atrophy) and painful muscle contractures, where the hand or fingers remain in a fixed position.

CRPS also impacts the immune system, sparking higher than normal levels of inflammatory chemicals that cause swelling, warmth and redness common in many patients. CRPS is more common in women than men, and in individuals who have other inflammatory and autoimmune conditions.

The symptoms of CRPS can vary wildly in terms of their severity, with some people experiencing long-term disability. Additional research is needed to understand the underlying causes of this often-debilitating disease, how it progresses, and the best forms of early treatment.

For more information about the Second Annual Long Island CRPS/RSD Awareness Walk, go to:  https://www.firstgiving.com/rsds/long-island-walk-2017 .

The entire legal team at EKJ thanks you all for your support of this very worthy cause.  We look forward to seeing you next weekend!

Additional Resources on Complex Regional Pain Syndrome:

  1. National Institute of Neurological Disorders, Complex Regional Pain Syndrome Fact Sheet https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Fact-Sheets/Complex-Regional-Pain-Syndrome-Fact-Sheet
  2. Mayo Clinic, http://www.mayoclinic.org/diseases-conditions/complex-regional-pain-syndrome/basics/coping-support/con-20022844

Team Up With EKJ To Help Hurricane Harvey Victims

 

Hurricane Harvey flyer

”There are no greater treasures than the highest human qualities such as compassion, courage and hope. Not even tragic accident or disaster can destroy such treasures of the heart.”

– Daisaku Ikeda

 

Less than five years ago, more than 95,000 buildings were destroyed in Nassau and Suffolk County during Hurricane Sandy. So, to us, the devastation and humanitarian crisis caused by last week’s Hurricane Harvey hit close to home in our hearts. We’ve seen the images and read the stories, but we know that compassion is not enough to rebuild lives. The law office of Edelman, Krasin & Jaye has coordinated an effort with local places of worship and the Jewish Federation of Greater Houston to deliver much-needed supplies to families displaced by floods and wind damage.

We’re donating the truck, but we need your help filling it!

We’ve paid for an 18-wheeler that will travel more than 1,700 miles to Houston, Texas. Now we need your help filling our truck with supplies!

Join our Hurricane Harvey aid effort by purchasing any of the much-needed items below. Please label what is in each bag, as we’ll have to compile a full list of supplies in our truck. Supplies will be collected from our office through Wednesday, September 6 and at Jewish worship centers through Thursday, September 7.

Items needed for Hurricane Harvey aid:

  • Bottled water
  • Heavy duty trash bags
  • Packing supplies
  • Work gloves
  • Cleaning supplies, including old towels
  • Nonperishable food items
  • Grocery store gift cards
  • Home improvement store gift cards

Where to drop off Hurricane Harvey aid in Long Island

Donation drop-off locations in the Long Island area include:

  • The Law Office of Edelman, Krasin & Jaye – 7001 Brush Hollow Road in Westbury (516-742-9200)
  • Temple Beth Torah – 35 Bagatelle Road in Melville (631-643-1200)
  • Temple of Judea Manhasset – 333 Searingtown Road in Manhasset (516-621-8049)
  • Congregation L’dor V’dor – 11 Temple Lane in Oyster Bay (516-470-1700)
  • Port Jewish Center – 20 Manorhaven Boulevard in Port Washington (516-944-7202)

Contact each location for drop-off times.

We’re donating our time and service – will you help?

We will be loading up the truck from Temple Beth Torah and Temple Judea on Thursday the 7th, with times to be determined. If you wish to help with this effort, please contact:

We hope to see you there!

ADDITIONAL RESOURCES:

E-Cigarette Liability Case Brought by Burn Victim in Late June

close up portrait of a man smoking an e-cigaretteAn Illinois couple recently filed a claim against e-cigarette battery manufacturer LG and two vape stores in their state, alleging product liability. LG makes a lithium-ion battery that exploded in the pants pocket of Scott Schroeck in mid-June, causing second and third degree burns. Mr. Schroeck and his wife Denise are charging both the manufacturer of the battery and the retailers, Rockin Vape and Tobacco Zone, with failure to give adequate warnings about the danger of exploding e-cigarettes. The stores are both located in Joliet, Illinois.

The claim states that Scott Schroeck’s burns have cost $200,000 in medical charges so far. Denise Schroeck alleges negative effects on the marriage from the injuries.

Batteries in e-cigarettes are flammable

The chemicals used in lithium ion batteries are known to be extremely flammable. They are safe if manufactured and processed correctly when placed in the device, and if the device is designed properly.

Unfortunately, however, manufacture, integration, and design is far from perfect. The batteries can short circuit or catch on fire as a result of “thermal runaway,” a chemical reaction that causes the battery to catch on fire. Both these accidents, in turn, can be caused by battery damage, too rapid recharge, extreme temperatures, the juxtaposition of other metal material, or using chargers from the aftermarket.

Scott Schroeck has indicated that he had two batteries in his pocket when one caught on fire.

Injuries from e-cig explosions and fires rising

The number of injuries from exploding e-cigarettes and their batteries has been rising for several years. In 2015, the American Burn Association noted several hundred injuries from e-cigarettes that year.

The U.S. Food and Drug Administration (FDA) believes that the injury rate from exploding e-cigarettes is underreported. The agency believes that explosions may occur when no one is injured, and thus not inclined to report the incident. In addition, news reports cause the number of reports to rise, indicating a number not reported without the impetus of a recent similar event.

Another U.S. agency, the Federal Aviation Administration, indicates that more than 80 emergency events have been reported in the past four years from accidents related to lithium battery powered items. The events have ranged from unplanned landings to fires igniting in mid-flight.

The risks have caused some lithium powered devices, including e-cigarettes, Samsung Galaxy Note 7 smartphones, and hover boards, to be banned or restricted by the FAA.

Last year, all forms of electronic smoking products were banned from flights and checked baggage by the U.S. Department of Transportation’s Pipeline and Hazardous Material Safety Administration (PHMSA). These products include e-cigarettes and vape pens.

Do you need an attorney?

The increasingly clear dangers posed by e-cigarettes, vape pens, and lithium-powered batteries can no longer be ignored. If you or a loved one has suffered injuries or died as a result of an accident caused by one of these products, attorneys from Edelman, Krasin & Jaye can help. We are seasoned personal injury attorneys who will fight for justice. Compensation from a New York e-cigarette lawsuit can cover medical bills, lost wages, retraining, and emotional loss or harm.

Call us today for a free initial consultation at 1-800-469-7429. We can meet you in New York City or Long Island at your convenience.

Additional “e-cigarette burn injury” resources:

  1. U.S. Food and Drug Administration. Vaporizers, E-Cigarettes, and Other Electronic Nicotine Delivery Systems (ENDS). https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm
  2. U.S. Food and Drug Administration. FDA Warns of Health Risks Posed by E-Cigarettes. https://www.fda.gov/ForConsumers/ConsumerUpdates/ucm173401.htm

Plea Deal for Impaired Driver Shocks Victims’ Families

In July of 2015, eight women were departing from a tour of a North Fork vineyard. At about 5 p.m. in Cutchogue, the women’s limousine executed a legal, but ill-advised U-turn on County Route 48. A pick-up truck driven by Steven Romeo T-boned the limo, killing three of the women nearly instantly. A fourth died at the hospital. Two others suffered critical injuries. Recently, the case reached an unsatisfactory conclusion for the four families of the victims.

Plea deal causes outrage

The truck driver had originally been charged with driving while intoxicated and driving while ability impaired by alcohol (DWAI) after the deaths of Brittney Schulman, Lauren Baruch, Stephanie Belli, and Amy Grabina, who were all in their early 20s. According to the prosecutors, Romeo’s blood alcohol content was 0.06 percent, measured about 90 minutes after the crash. The prosecutors did not feel there was sufficient evidence to obtain a conviction, and so a plea deal was arranged.

Romeo pleaded guilty to driving while ability impaired, which is a traffic infraction that resulted in a 90-day license suspension and an $885 fine. Audible gasps were heard from the families of the victims, who were present in the courtroom at the time.

However, the Suffolk County Assistant District Attorney John Scott Prudenti asserts that the responsibility for the crash rests with the limo driver, not with Romeo. “A sober driver would not have been able to react and prevent the crash based upon the limo driver’s actions that day,” said Prudenti. ““A professional driver had put them in harm’s way by carelessly and negligently making that ill-advised turn into oncoming traffic.”

Wrongful death lawsuits

Despite the dismay they experienced in the courtroom, the families of the victims do have legal recourse available to them. As they exited the courtroom, the families briefly mentioned their plans to sue both Romeo and the limo driver, Carlos Pino. Although U-turns are legal in that particular area, parties involved with the case have suggested that it was inappropriate for the driver of a limo to make such a maneuver because of the limited space. The Suffolk County District Attorney, Thomas Spota, gave this statement regarding Pino: “He failed to take any precaution or any action to make sure he could safely enter the westbound lanes. He continued to attempt to make his turn without stopping, without looking.”

The limo driver was later indicted by a grand jury on four counts of criminally negligent homicide. However, in October 2016, a judge dismissed all of the charges on the basis of improper grand jury testimony.

Because criminal cases and civil lawsuits proceed entirely separately from each other, filing a wrongful death lawsuit is still an option, even if a defendant does not face criminal charges or is found not guilty.

Effective legal advocates in New York

Car crashes are rarely as straightforward as they might appear at first. At Edelman, Krasin & Jaye, our clients can take advantage of our substantial resources and personalized, courteous attention. Our litigators have the experience necessary to effectively handle drunk driving cases, limo crashes, and wrongful death cases.

Our Long Island car accident lawyers are dedicated to securing maximum compensation for our clients, and we never charge a fee unless we win. You can request a free case review by calling today.

Additional “Long Island limo crash” resources

  1. CBS New York, Victims’ Families Call Plea Deal For Driver In Deadly Long Island Limo Crash A Disgrace, http://newyork.cbslocal.com/2017/04/26/long-island-limo-crash-guilty-plea/
  2. The New York Times, Driver Charged in Fatal Limousine Crash on Long Island Left Scene, Prosecutor Says, https://www.nytimes.com/2015/07/21/nyregion/driver-charged-in-fatal-long-island-crash-left-scene-prosecutor-says.html?_r=0
  3. CBS New York, Limo Driver Indicted In Fatal Long Island Crash, http://newyork.cbslocal.com/2016/03/16/long-island-limo-crash-indictment/

Lawsuits Filed in New York and Texas Claim Damages from Exploding E-Cigarettes

close up portrait of a man smoking an e-cigaretteTwo lawsuits were recently filed charging that exploding e-cigarettes caused injury to men in New York and Texas.

The separate claims showed similar patterns of damage. The New York man, Otis Gooding, suffered second and third degree burns all along his leg and his right hand when an e-cigarette exploded and began burning in his pants pocket. A surveillance video shows sparks flying as he attempts to put out the fire.

He faced a lengthy hospital stay and skin grafts. Gooding is suing both the manufacturer and the store where he bought the product.

The Texas man, Navy veteran Matthew Bonestele, suffered third degree burns to his right leg and severe damage to his right thigh. A battery, the LG Chem HG2 18650, exploded in his pocket.

Bonestele’s suit brought charges against the manufacturer, LG Chem America, Inc. for defect design and manufacture, and also for not placing warnings on the product alerting purchasers to the defect. Distributors Lightfire Group, LLC and Great Vapes LLC, where he bought the product, are also charged.

Exploding e-cigarettes: the problem continues

Electronic cigarettes and vaporizers have increasingly been shown to be very unsafe. These products, their chargers, and their batteries pose very serious risks of explosions and burns.

As evidence rises that e-cigarettes and related products are unsafe, the U.S. Food and Drug Administration (FDA) and the American Medical Association are increasingly considering regulation.

In 2016, the FDA was given a mandate to regulate all manufacture, packaging, labeling, advertising, promotion, sale, distribution, and importation of these products.

Increasingly, specific regulations and legislation are being enacted against e-cigarette use. They are currently not allowed on checked luggage because of the risk of in-flight fire. They are also prohibited on any Navy fleet due to the risk of injury to personnel.

In April 2017, the FDA will hold a public workshop to discuss safety concerns about e-cigarettes. The results will be made public in May 2017.

If your e-cigarette explodes

The e-cigarette explosion lawyers at Edelman Krasin & Jaye believe every e-cigarette user needs to be warned about the risks and dangers posed by these products, their batteries, and their chargers.

Given the dangers reported so far, it might be prudent to stop using e-cigarettes until more regulation is forthcoming.

If you have experienced injuries from using an e-cigarette, contact our firm immediately for a consultation at no charge to you. We will discuss your legal rights to compensation under product liability law.

We recommend the following steps if you have been harmed by e-cigarettes:

  1. Keep any evidence, including the device, battery, and charger. Any burned clothing or other damaged items should be kept.
  2. Take pictures of this evidence and any injuries or other damage. Pictures should be taken as soon as possible, from a cell phone if necessary.
  3. Get all medical records pertaining to the incident.
  4. Check if surveillance video that recorded any incident is available.

Our seasoned lawyers have fought for the rights of injury victims for more than 60 years. Call us toll free to speak with a product liability lawyer now.

Additional “e-cig injury lawsuit” resources:

  1. U.S. Food and Drug Administration. Tobacco Products. Vaporizers, E-Cigarettes, and Other Electronic Nicotine Delivery Systems (ENDS). https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm
  2. Villeda, Ray. “Man Injured by Exploding E-Cigarette Sues Manufacturers, NYC Shop.” NBC Channel 4, New York. April 12, 2017. http://www.nbcnewyork.com/news/local/NYC-Man-Injured-by-Exploding-E-Cigarette-Sues-Manufactures-Shop-419304364.html
  3. Wolf, Mackenzie. “Navy Veteran Whose E-Cigarette Exploded Files a Lawsuit.” NavyTimes, April 18, 2017. https://www.navytimes.com/articles/navy-veteran-whose-e-cigarette-exploded-files-a-lawsuit

The Alarming Rise in Dog Bite Injuries

Dog attackAs National Dog Bite Prevention Week wraps up this April, troubling statistics have been released regarding the recent uptick in dog bite injuries. A report released by State Farm Insurance in collaboration with the Insurance Information Institute revealed that in 2016, there were 18,123 dog-related injuries reported. That’s a substantial rise from 2015, which saw 15,352 dog bite injuries reported. If you or a loved one is attacked by someone else’s dog, you should know that there are options for securing compensation for medical bills, emotional trauma, and similar losses.

Dog bite injury compensation

As they recover from their physical wounds and emotional trauma, dog attack victims can explore legal avenues for demanding compensation from the negligent party. Since 2003, the average compensation paid for dog bite injuries has climbed by 73.4 percent. Insurance Information Institute Vice President Loretta Worters said this jump in compensation was due to “increased medical costs as well as the size of settlements, judgments, and jury awards given to plaintiffs.”

In 2016, the average claim for dog bite injuries resulted in compensation of $33,230. Californians had the highest number of dog bite injuries—1,934. However, New York had the highest payout per claim at $55,671.

For victims of dog attacks, these high payouts are a way to get their lives back on track after suffering setbacks like substantial medical bills, lost wages, disfigurement, and psychological trauma. Dog bite claims can also cover damaged or destroyed property, such as torn clothing or handbags.

What to do after a dog attacks

During an attack, your first priority is to get away from the dog. You can use a trash can, handbag, briefcase, or any other nearby object to put a barrier between you and the dog. Once you’re safe, you should call 911 immediately if you’ve been seriously injured. Otherwise, get to the nearest urgent care center or hospital and inform the doctor that you’ve just been attacked by a dog. Be sure to save your co-pay receipts and all other documentation pertaining to the attack.

You’ll need to contact the animal control agency for your municipality and provide information about the dog, such as where the incident took place and whether you know who the owner is.

Your next priority is to contact a personal injury lawyer to discuss your legal options. In New York, dog bite laws are quite complex. Your lawyer will consider all aspects of the case, including whether the dog had previously been declared dangerous due to a prior attack.

Exploring your options after a dog attack?

Call the personal injury law firm of Edelman, Krasin & Jaye in NYC today to request a free case review. There’s no charge and no obligation. During your case review, one of our skilled litigators will explain the merits of your case and discuss your options for securing compensation for your dog bite injuries. Our dedication to upholding the rights of our clients has contributed to the sterling reputation of our law firm in the Bronx and Long Island.

Additional “dog bite injury” resources

  1. Insurance Information Institute, Dog Bite Homeowners Liability Claims Nationwide Increased 18 Percent; California, Florida And New York Lead Nation In Number of Claims, http://www.iii.org/press-release/dog-bite-homeowners-liability-claims-nationwide-increased-18-percent-california-florida-and-new-york-lead-nation-in-number-of-claims-040517
  2. DogsBite.org, Dog Bite Statistics, http://www.dogsbite.org/dog-bite-statistics.php

Lawsuit Filed After E-Cigarette Explodes in New Jersey Man’s Pocket

close up portrait of a man smoking an e-cigaretteA lawsuit was recently filed alleging that an exploding e-cigarette in a New Jersey man’s pants pocket caused severe burns to his leg and emotional hardship sufficient to alter his life. The suit alleges that the store that sold the product, Gorilla Vapes, and LG Chem LTD, a company making e-liquids, knew the product was both defective and dangerous.

Gorilla Vapes sells e-cigarettes and e-liquids in New Jersey, with roughly six stores scattered throughout the state. The exploding product was bought in one. The company’s website indicates that it both sells and develops “designer e-cigs.”

Medical costs sought in e-cig injury lawsuit

The lawsuit was brought by the alleged victim and his wife, William and Kathleen Barrese. Mr. Barrese was hospitalized and consulted a specialist after the explosion, which caused flames to shoot down his leg. He carried the e-cigarette in his pocket at work.

The accident happened in late December. The suit is seeking damages, ongoing medical costs, and legal fees.

Exploding e-cigarettes: an ongoing problem

Electronic cigarettes and vaporizers (where the term “vaping” comes from), are often marketed and used as a way of curbing tobacco smoking, and thus limiting the health risks of smoking.

However, they have turned out to have an unexpected consequence that is not safe. It is increasingly clear that these products pose a serious danger of explosion and burns.

The recent New Jersey suit is one in a line alleging malfunctioning batteries. They can short, explode, and catch on fire. All of this can cause serious burns and other harm to users and people and property in proximity to them.

These lawsuits and reports also indicate problems with charges, both manufacturer and third party. These can also supercharge and explode.

In the e-cig or charger is kept in a pants pocket with change and keys, the metal contact can cause the battery to short and explode.

Given the accumulating evidence that the devices themselves are not safe, both the U.S. Food and Drug Administration (FDA) and the American Medical Association are becoming increasingly interested in regulating them. This is a separate issue from their healthcare-related safety, as products curtailing tobacco use.

Last year, the FDA’s authority was extended to cover all manufacture, packaging, labeling, advertising, promotion, sale, distribution, and importation of these products.

In April 2017, the FDA will hold a public workshop to discuss the safety concerns regarding these products. The results will be made public in May 2017.

If your e-cigarette explodes

The e-cigarette explosion lawyers at Edelman Krasin & Jaye want to give all e-cig users a warning about the potential dangers posed by the batteries.

If you have experienced injuries from a device or battery, contact our firm immediately for a free consultation. We will discuss your legal rights to compensation under product liability law.

Given the uncertainty, it might be wise to cease using e-cigarette products until the safety picture is clarified. However, if you have been the victim of an exploding or burning e-cigarette, take prudent steps:

  • Save any evidence, including the device, battery, and charger. Any burned clothing or damaged items should be saved.
  • Take pictures of this evidence and any injuries or other damage.
  • Get all relevant medical records
  • Ask if surveillance video that documented the explosion is available.

We have experienced lawyers who have fought for injury victims for more than 50 years. Call us today for a free case review with a product liability lawyer.

Additional “e-cigarette explosion lawsuit” resources:

  1. McCarthy, Craig. “Man Sues After E-Cig Explodes in Pocket, Shooting Flames Down Pants.” NJ.com. March 27, 2017. http://www.nj.com/middlesex/index.ssf/2017/03/nj_man_sues_after_e-cig_explodes_in_pocket_shootin.html
  2. U.S. Food and Drug Administration. Tobacco Products. Vaporizers, E-Cigarettes, and Other Electronic Nicotine Delivery Systems (ENDS). https://www.fda.gov/TobaccoProducts/Labeling/ProductsIngredientsComponents/ucm456610.htm

Deaths from Traumatic Brain Injury Rise in Elderly

More elderly people are dying from traumatic brain injury (TBI), according to a recent report from the United States Centers for Disease Control and Prevention (CDC).

The data, published in the CDC’s Morbidity and Mortality Weekly Report (MMWR), noted that in general fatalities caused by TBI declined in the 2007-2013 period. However, the drop in the general population was caused by a reduction in TBI-related fatalities related to car accidents. Traumatic brain injury in people over 75 years old rose, likely as a result of falls.

A separate CDC report, issued in 2015, noted that the number of fall-related deaths in the elderly doubled between 2000 and 2013.

In the overall population, according to the MMWR, a fall was the most frequent cause of a head injury, accounting for 47%. Being hit by an object and car accidents were the second and third most common causes, respectively.

TBI-related emergency room visits rise dramatically in elderly

Overall, U.S. hospitals saw 2.8 million TBI-related incidents in 2013, in emergency room visits, hospitalizations, and fatalities.

ER visits alone rose 56% overall in the period, to 2.5 million from the 1.6 million recorded in 2007. TBIs related to falls among the elderly (people over 75) constituted 18% of the climb.

Hospitalizations related to concussions were also up among patients over 75 years old in the period, a rise attributed chiefly to falls.

Traumatic brain injury causes 30% of all deaths related to injuries. Close to 1 in 50 emergency room visits overall are for injuries related to TBI.

Identifying risks for traumatic brain injury in the elderly

The MMWR noted that, given the rise of TBI-related falls in the elderly, more attention needed to be paid to effectively identifying risks and necessary interventions.

Nursing homes and assisted-living facilities, for example, need to be careful of overprescribing sedatives, which may contribute to falls, difficulty walking, and mental impairment. Exercise, medication management, and safe surroundings can all be implemented to make the elderly safe from falls.

For the live-at-home elderly, interventions might also include medication management and environmental adjustments, such as anchoring rugs and letting in more light for optimal vision.

Hurt in a fall? Contact a personal injury attorney

Edelman, Krasin & Jaye are seasoned personal injury lawyers who have practiced in New York state for over five decades. Have you or a loved one been hurt or lost a life in an injury caused by a fall? If so, we can explain your rights under personal injury law. You may be able to claim just compensation for medical bills and more.

For a complimentary consultation, call us today. Our attorneys can provide you with a thorough review of your case and clear explanation of your legal options. We can also come to you if traveling is an issue.

Additional “elderly risk for brain injuries” resources

  1. Taylor, Christopher A., et al. “Traumatic Brain Injury–Related Emergency Department Visits, Hospitalizations, and Deaths — United States, 2007 and 2013.” MMWRSurveillance Summaries, March 17, 2017 / 66(9);1–16. https://www.cdc.gov/mmwr/volumes/66/ss/ss6609a1.htm
  2. United States Centers for Disease Control. Home and Recreational Safety. Older Adult Falls. Important Facts About Falls. https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

Injured Man Receives $5.4 Million Award Due to Brain Damage

A  jury recently determined that a 63-year-old man who fell off his bicycle as a result of a defect in a road under construction should receive over $5.4 million from Pennsylvania’s Department of Transportation (PennDOT). PennDOT was doing construction on the road near a suburb of Philadelphia at the time of the plaintiff’s fall.

Failure to maintain road and negligent design alleged

The man, David Carletti, suffered brain damage in the accident. He hit a patch on the road that caused him to be ejected from the bike’s seat. His head hit the pavement as a result. He suffered brain damage, broken ribs and vertebra, and is subject to ongoing seizures.

Carletti brought a suit against his bike helmet’s manufacturer as well as PennDOT. The manufacturer settled out-of-court for an undisclosed sum. Claims against PennDOT were negligence in design and failure of road maintenance.

The total award, $5.46 million, included $2.5 million for medical expenses and lost wages and $2 million in pain and suffering to Carletti. His wife received $1 million for loss of consortium.

Pennsylvania state law limits civil damages against any agency of the state to a $250,000 maximum settlement. Both Carletti and his wife are expected to receive the maximum.

Personal injury liability involved in case

The case illustrates key tenets of personal injury law. Injured parties can bring a suit provided that the entity that caused their injury was negligent. Negligence is often determined by reference to whether a duty of care was owed and whether the other entity knew or should have known that the conditions were dangerous.

PennDOT is charged with maintaining Pennsylvania’s roads in part to make them safe. In addition, although the state maintained that it was not road defects that made Carletti fall off the bike, the jury found for the plaintiff, indicating that they did not agree with the state’s defense.

An accident reconstruction expert was credited with providing the jury with compelling testimony about the cause of the accident.

Mr. Carletti has brain damage and does not remember the incident.

Consulting an attorney about a personal injury

Edelman, Krasin & Jaye are experienced personal injury lawyers who have practiced in New York state for more than five decades. If you or a loved one have been hurt in an accident caused by another party’s negligence, you deserve just compensation for lost time at work, medical bills, and more. We can explain liability laws in New York State.

Call us today for a complimentary consultation. Our bicycle accident attorneys will answer all your questions about the strengths and weaknesses of your legal case and work tirelessly for just compensation.

  1. Associated Press. “Jury: PennDOT Owes Cyclist, Wife $5.4M Over Brain Injuries.” WJAC, March 13, 2017. http://wjactv.com/news/nation-world/jury-penndot-owes-cyclist-wife-54m-over-brain-injuries
  2. Mitchell, Max. “Delco Jury Awards $5.4M to Brain-Damaged Cyclist.” The Legal Intelligencer. March 9, 2017. http://www.thelegalintelligencer.com/id=1202780966598/Delco-Jury-Awards-54M-to-BrainDamaged-Cyclist?slreturn=20170216112633