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Vape Pen Explodes, Causing Third Degree Burns

close up portrait of a man smoking an e-cigarette

Recent reports show that carrying around an e-cig can be more dangerous than lighting a real cigarette. A Phoenix man suffered second and third degree burns after his vape pen suddenly exploded in his pocket. Twenty-two year old Otis Stovall told Fox News he was unloading a truck at his work when the incident happened. He’s now publicly speaking out against e-cigarettes, a product which he claims has left him with deep burns down his leg. Stovall says that like many people trying to quit lighting up, he turned to vaping instead. He had no idea that it might cost him serious pain and weeks of recovery.

“I just looked down and saw that pieces of my skin were missing,” he told reporters after being treated at the Arizona Burn Center. After hearing an explosion, he looked down and saw “… flames spurting out of my pocket so I just immediately started hitting it but I didn’t know what was happening.”

The vaporizer had spontaneously exploded, taking with it large chunks of Stovall’s skin. Authorities at the Burn Center confirmed that this is the second e-cig explosion injury they have treated this year.

E-cig blows up, leaving victim with severe burns

Stovall’s mother cautioned about the dangers of vaping, given the life-altering injuries her son has suffered. The thermal injury was so great that Stovall must have skin grafting surgery – an operation that entails a lengthy recovery of several weeks or months. The 22-year old victim warns others to steer clear of vaporizers, saying, “If you’re going to quit smoking cigarettes, just quit smoking cigarettes. Don’t go to anything else.”

Vape explosions lead to litigation

There have been scores of other cases of e-cigs exploding in other parts of the country. The problem in many of these accidents is the lithium-ion battery, which can overheat and explode if they get too much voltage.

In 2013, Jennifer Ries’ vaporizer blew up while plugged in her car’s charger. Flames burst out of the device, leaving her with second degree burns on her hand, leg and buttocks. Her injuries would have been worse had her husband not poured ice coffee on her leg to douse the flames. The accident completely transformed her life, leaving her with physical and emotional scars.

Ries filed a claim against the e-cig distributor and wholesaler, in addition to the store where she purchased the unit in California. Her product liability lawsuit charged that the manufacturer and wholesaler distributed a product without sufficient warnings about known hazards. A Superior Court jury agreed with her allegations and awarded her $1.9 million in damages.

Content with her verdict, Ries says that she hopes her lawsuit and award will bring more attention to the very real dangers of e-cigs, which need more government regulation.

Filing an e-cig injury lawsuit

Vaporizers have been available for purchase in the United States since 2007, and have been linked to more than 50 injury reports, according to FDA data. Individuals who have suffered burns or other types of harm from an e-cigarette malfunction may be entitled to substantial compensation that accounts for all medical bills, lost income, emotional suffering and diminished capacity to earn.

To learn more about your options for legal recourse, we invite you to contact the personal injury attorneys at Edelman, Krasin & Jaye for a free case review. You can reach our offices, anytime night or day by dialing 800-469-7429.

Safety Rules Not Followed in Fatal Amtrak Crash in Chester

RR crossing freight trainAn Amtrak crash that killed two and injured 30 appears to be the result of failure to follow basic safety rules. An investigation has revealed both Amtrak’s internal rules and federal rules were broken by Amtrak employees on April 3, the day of the fatal event.

Two employees who had been working on the track in Chester, Pennsylvania, died after they were hit by an Amtrak train traveling on the same track.

The crash occurred around 8:00 Sunday morning, near Booth Street in Chester. Two workers were on the tracks with a backhoe when the train, traveling from New York to Savannah, Georgia, struck them. According to investigators, concerns focused on how the personnel working on the tracks were not following proper safety precautions. Philly.com reported that sources with knowledge of the crash said a communication lapse between work shifts may have contributed to the crash.

Amtrak train victims identified

The two workers, veterans of Amtrak, were identified as Joseph Carter, 61, of Wilmington, Delaware, and Peter John Adamovich, 59, of Lincoln University, Pennsylvania. Carter was identified in an autopsy report as the backhoe operator and Adamovich was his supervisor. Thirty of the 341 passengers on the train were also taken to nearby hospitals with what was described as “non-life threatening injuries.”

Philly.com reports that there are “multiple federal and agency rules and regulations” created to prevent incidences of trains traveling on the same tracks where workers are performing maintenance or repairs. However, the Federal Railroad Administration gave the first official confirmation that those rules and regulations were not properly followed in this particular crash. The president and CEO of Amtrak, Joseph Boardman, did not dispute the directive given by the FRA and stated the company would create a new internal compliance program to ensure these breaches are not repeated.

In the meantime, the FRA ordered Amtrak to require all of the maintenance workers and supervisors to review safety regulations that applied directly to their jobs. Amtrak must also review safety rules involving communication between rail workers and dispatchers. Finally, the company was instructed to perform similar reviews with all “safety sensitive” employees.

Multiple accidents within 12 hours

While train and railroad crossing accidents are relatively rare, three such accidents occurred within about 12 hours of each other on April 3. CNN reported that in addition to the Chester crash, a train struck an individual in Buck County, Pennsylvania, and another train struck a vehicle at an intersection in Somonauk, Illinois. This accident was also less than a year after another fatal train accident in Pennsylvania that took the lives of eight.

If you or someone you love is injured in a train accident, compensation may be available to help you pay for medical bills and make up for lost wages while you recover from the injuries. However, determining liability can be a complex issue as there could be many factors that contributed to the accident. Experienced legal representation is essential to ensuring your rights are protected.

Don’t try to navigate the complicated legal process alone. Contact Edelman, Krasin and Jaye at 1-800-469-7429 for a free case review with Long Island personal injury attorneys who can answer your questions.

OSHA Evaluates Impact of New 2015 Injury Reporting Program

construction-accidentThe Occupational Safety and Health Administration (OSHA) has released an evaluation of the impact that their 2015 severe injury reporting guideline has had on workplace safety. The newest requirement, that severe injury be reported to the administration within 24 hours, took effect on January 1, 2015, and seems to have had a positive impact on accident prevention.

The analysis of the new requirement’s effectiveness notes that prior to 2015, the administration often lacked sufficient data about accidents in the workplace to respond effectively. For instance, only after a workplace fatality would be reported would it become clear that an extensive history of serious accidents led up to the death of a worker.

Now employers are required to report any serious injuries, including amputations, hospitalizations, or loss of an eye within 24 hours. The new requirement supplements existing laws mandating that workplace fatalities be reported within eight hours.

The OSHA report details how the reporting of serious injuries allows for cooperation between the administration and the employee to prevent further injury or death, effectively reducing both workplace calamities.

New data helps to prevent workplace injuries

The data reported from more than 10,000 injuries last year provides the administration with tools to help understand where and when injuries occur and to prevent further thousands of injuries from taking place, according to the OSHA report. The two specific goals of the program were to monitor injuries in the workplace so as to target compliance and enforcement efforts more effectively, and to work with employers to prevent similar accidents from occurring.

Many of the kinds of hazards that lead to injuries reported are “well-understood and easily prevented,” according to OSHA’s evaluation. The OSHA program encourages employers to evaluate their own areas of safety weakness and to implement effective means of accident prevention.

The data came only from states with federally administered OSHA involvement. Even so, the number of injuries reported was significant: 7,636 hospitalizations and 2,644 amputations. 26% of hospitalizations and 57% of amputations were reported from manufacturing settings. The second most dangerous area was construction, where 19% of hospitalizations and 10% of amputations were reported.

Options for those injured on the job

For employees who have been injured on the job, worker’s compensation may be available to help with expenses incurred due to the injury. Workman’s comp is not related to whether a company is liable for the injury that occurred and is rewarded regardless of “fault.” However, such compensation is rarely sufficient to cover all of the losses that a worker encounters, including medical bills, long-term rehabilitation costs, loss of income, and loss of earning potential. And it will frequently be sufficient to help support a family of a worker who loses his life.

In cases where injuries occur due to negligence, it may not be possible to sue an employer directly where workman’s comp is available. However, it may be possible to bring a personal injury lawsuit against subcontractors employed by a company who are responsible for training or design issues, for other companies responsible for manufacturing, maintaining, or repairing equipment, or for other parties who may bear some responsibility for an on-the-job injury or fatality.

Edelman, Krasin & Jaye offer seasoned legal advice to individuals who have been injured on the job, whether on a construction site or other place of employment. Discuss your case with a construction accident lawyer free of charge by calling 1-800-469-7429.

GHSA Releases 2015 Data on Pedestrian Fatalities

pedestrain-accidentThe Governors Highway Safety Association (GHSA) has released its data on pedestrian traffic fatalities from 2015. The Association notes an overall increase in deaths, though a state by state analysis finds increases in some settings and decreases in others. They have also reported on various attempts to mitigate the problem through separation, visibility, and vehicle speed reduction.

The GHSA reports a 10% increase in pedestrian fatalities compared to the previous year, building on the 19% increase from 2009 to 2014. This means that the largest percentage of traffic fatalities were reported last year compared to all of the past 25 years. Additionally, pedestrian deaths as a percentage of all traffic fatalities has increased from 11% in 2005-2007 to 15% in 2014. In 2015, that number may have risen to 15%, marking the first time in 25 years that rates of pedestrian deaths are so comparatively high.

Twenty-six states saw increases in pedestrian fatalities (compared to 21 with decreases). New York’s rate of pedestrian fatalities was 1.33 per 100k population. Together with California, Florida, and Texas, New York accounted for 42 percent of all pedestrian deaths in the country.

Strategies to reduce pedestrian traffic fatalities

The GHSA also outlined several strategies to reduced pedestrian traffic fatalities, including three “evidence-based strategies” implemented in locations throughout the US: separating pedestrians from motor vehicles, making pedestrians more visible, and reducing vehicle speed.

The first category includes constructing refuge islands, constructing sidewalks and pedestrian overpasses or underpasses, optimized traffic signal timing, and new traffic signals. The second category includes better lighting, more visible crosswalks, and rectangular rapid-flashing beacons (RRFBs) added to pedestrian crossing signs. And the third category includes areas in the roadway designated for cyclists, for turning, or for other specific uses, roundabouts, speed humps and curb extensions, and additional speed enforcement measures.

The state of New York will be introducing its PSP (pedestrian safety plan) later in 2016. The plan will include education efforts, engineering upgrades, and law enforcement strategies designed to increase pedestrian safety. There have also been particular areas in the state that have received special attention. For instance, the Village of Saugerties saw a recent increase in pedestrian injuries and fatalities. Authorities worked to upgrade traffic signals and other amenities to combat the problem; they also introduced safety patrols and other measures to help to keep pedestrians safe.

Legal rights following a pedestrian knock down

Pedestrian accident victims have a legal right to seek compensation from the party that hit them if a driver displayed such reckless behaviors as speeding through a crosswalk or driving while distracted. Pedestrians should be able to cross the street safety, especially in designated crosswalks. An investigation can determine whether a motorist was at fault by failing to yield to a pedestrian in a way that resulted in an injury or fatality. Accident victims or their families can file a lawsuit to recover medical or rehabilitation expenses, lost wages or earning potential, wrongful death expenses, pain and suffering, and other damages.

If you’ve been harmed because of the negligent or reckless behavior of a driver, please contact the attorneys at Edelman, Krasin & Jaye to discuss your options for filing a personal injury lawsuit. Call today at 1-800-469-7429 to set up a free case review.

Jury Awards $72 Million in Talcum Powder Lawsuit

talcumA jury has awarded the family of a woman $72 million after determining use of talcum powder products led to her diagnosis of ovarian cancer and subsequent death. The decision was the first to award damages to someone claiming to have been injured from talcum powder. With numerous talcum powder lawsuits involving similar allegations now pending across the country, many have been watching with interest to see how this case would be decided.

Jacqueline Fox used Johnson & Johnson talcum powder products for more than 35 years, according to this complaint. Three years ago, Fox was diagnosed with ovarian cancer, which she asserted was directly linked to her talcum powder use. She, along with many other women, filed lawsuits against Johnson & Johnson, alleging the pharmaceutical giant failed to provide women with proper warning about the risks associated with their products.

Plaintiff dies before case is completed

Fox died in October 2015 at the age of 62, before her case was completed. Her son, Marvin Salter, took over Fox’s claim after her death. In February, a jury determined that Johnson & Johnson was liable for fraud, negligence and conspiracy in Fox’s case, awarding the family of the deceased $72 million after four hours of deliberations. Actual damages consisted of $10 million of the total, while the other $62 million was awarded in punitive damages.

One of the attorney’s for Fox’s family stated that Johnson & Johnson knew back in the 1980s the risks associated with their talcum powder products. However, the attorney stated that the company resorted to “lying to the public and lying to the regulatory agencies.”

A spokesperson for Johnson & Johnson disagreed with the verdict, telling Reuters the safety of their products is backed up by “decades of scientific evidence.” However, a recent study indicates the safety of products containing talcum powder could indeed be overstated.

New talc study shows cancer danger

Researchers at the Brigham and Women’s Hospital in Boston interviewed more than 4,000 women about their talcum powder use in this new study that was recently published in the journal Epidemiology. Around half of the women had received ovarian cancer diagnoses and the other half had not. They discovered that regular use of talcum powder, either directly on the genitals or on sanitary napkins, increased the risk of ovarian cancer by one-third.

Ovarian cancer is the eighth most common cancer among women in the U.S. today, affecting as many as one in every 70 women. One of the greatest dangers of this disease is that it often presents with few if any noticeable symptoms. This means that by the time a woman realizes she has ovarian cancer, the disease may be quite advanced and much more difficult to treat effectively.

Additional talcum powder studies support risk factor

The link between talcum powder and ovarian cancer is not new. A 1982 study conducted by Dr. Daniel Cramer showed a statistical link between talcum powder use and a heightened risk of ovarian cancer. Since that time, around 20 epidemiological studies have also confirmed that link, according to a report at Salon last year. Nevertheless, companies like Johnson & Johnson continue to market their talc products as safe and effective hygiene items.

Currently, Johnson & Johnson is facing around 1,200 lawsuits filed by women with similar allegations to Fox’s. Time will tell whether this court decision or the most recent study will impact the decisions in those cases as well.

If you have been injured by talcum powder use, the national product liability attorneys at Edelman, Krasin & Jaye can help. Contact us today at 1-800-469-7429 for a free case review and to discuss your legal options.

Exploding E-Cigarettes, Burns and Injuries Make Headlines

close up portrait of a man smoking an e-cigarette

Reports of electronic cigarettes spontaneously exploding, causing disfiguring injuries and third degree burns have prompted serious concerns about the safety of these tobacco alternatives. Several people from around the country have narrowly escaped death after their e-cig suddenly burst into flames – catching objects, clothing and skin on fire.

This ill-fated scenario happened to Kentucky resident Josh Hamilton, who is currently recovering from severe burns to his leg after an e-cigarette battery exploded in his pocket, shooting hot flames through his clothes. After getting treatment at a local hospital, Hamilton posted gruesome pictures of his burned flesh on Facebook, captioning the pics “These are actually all 2nd degree burns so hopefully won’t have to have surgery or skin graphs. But it’s too soon to tell I think.”

Considering that some 9 million Americans have switched to vaping as a safer alternative to cigarettes and make use of the tobacco-free devices, the potential scope for e-cigarette injury is alarming.

E-cig explodes, burns car and woman

Other stories of e-cigarette explosions have poured in to media outlets around the country. Just last week, an Orlando, Florida woman was turning on her e-cig when it burst into flames.  The explosion happened when Cassandra Koziol was inside her rental car. Stunned and in pain, she ran to a friend’s place to call the police, and by the time she returned to the vehicle it was completely engulfed in flames.

“I’ll never use a (e-cigarette) again… I lost my car, I lost my teeth, (and) I lost my mod. I’m in pain,” she told UberGizmo in an interview. A photo of Koziol  shows a serious burn near her collarbone and a closed-mouth grimace.

The burns, broken teeth and debilitating injuries aren’t just happening in the United States. Another e-cig victim in Germany was only 16 when the life-altering event happened. According to the teen’s father, the boy was about to vape in his vehicle when the e-cig caught his face on fire, causing him to lose his two front teeth. If the teen had not been wearing glasses at the time, it is likely he would have suffered permanent vision damage.

The e-cig in question was manufactured in China and marketed as the “Wotofo Phantom,” and the cause of the explosion remains under investigation.

22 e cig explosions reported since 2008

Tom Kiklas of the Tobacco Vapor Electronic Cigarette Association told CNN that at least 22 e-cig explosions have been reported since 2008, when the devices were first launched. Kiklas says the danger doesn’t necessarily lie in the electronic cigarette itself, but in the lithium battery. Consumers may use the wrong type of chargers with the batteries, which can cause a problem.

Kiklas cautions that e-cigs should never be kept in clothing pockets as metal coins can short-circuit the lithium battery if they make contact.

No e-cig warnings yet, but label changes may come soon

The Tobacco Vapor Electronic Cigarette Association has suggested the addition of new language on device packaging that alerts consumers about the hazards of modifying e-cigarettes with power cords or chargers that are not compatible, as doing so may result in serious or fatal injury. Until then, millions of e-cig users remain at risk for catastrophic harm.

If you have suffered burns or any type of injury due to an exploding e-cigarette or vaporizer, you may be entitled to monetary compensation. These devices are largely unregulated in the U.S. and manufacturers may be held liable in the event they were negligent in the production or labeling of their products.

Product liability attorneys at Edelman, Krasin & Jaye are only a phone call away. Contact us today for a free consultation and more information about your rights under the law.

Father Sues Illinois Restaurant For Drunk Driving Accident

drunk driving A lawsuit was filed in Cook County Circuit Court against the Ruth Chris Steakhouse of South Barrington, Illinois, placing blame on the restaurant/bar for a drunk driving accident resulting in serious injuries.

Plaintiff Tyler Heyward alleges that Amber Honaker, the mother of his 9-month-old son, was served “copious amounts” of alcohol at a Christmas party at the defendant’s place of business. She left at approximately 8 p.m., drove on the wrong side of the road, and collided head-on with another vehicle, resulting in severe and permanent injuries requiring surgery, intensive physical therapy and recuperation.

The lawsuit filed on behalf of the child alleges that he has lost his main source of support. Plaintiffs are seeking damages of more than $100,000.

What is the Dram Shop Act?

Most states have dram shop laws, which contend that hotels, restaurants, bars, liquor stores, or other hosts serving alcohol have a legal responsibility for patrons who cause harm – even after they have left the premises. These laws were designed to protect the public from the hazards of serving alcohol to minors and intoxicated patrons.  The exact statutes vary from state to state, however.

Here in New York State, the Dram Shop Act allows injured plaintiffs to sue anyone who “unlawfully” sold alcohol to patrons. Yet, it is up to the courts to determine what constitutes as “unlawful.” Obviously, it is unlawful to serve alcohol to someone under the age of 21. But how can one measure or verify the case for “visible intoxication”?

There is also the question of who is legally allowed to seek compensation. In neighboring New Jersey, patrons who injure themselves while drunk may sue the establishment that served them, although juries often reduce awards based on the plaintiff’s own liability. New York State does not allow people to sue for their own injuries under the Dram Shop law, with the exception of injuries resulting in wrongful death – in which case, the person’s dependents may sue for loss of parental consortium.

How do plaintiffs win Dram Shop lawsuits?

To recover damages under dram shop law, plaintiffs must prove the following:

  • A person’s intoxication directly led to injuries or damages.
  • The defendant served alcohol to a “visibly” intoxicated person or minor who caused the injuries or damages.

Individuals who have been physically or financially harmed by a drunk driver should contact a personal injury attorney to explore their legal options.

Case evaluations are free and legal services are paid out of winning settlements or awards. In New York, the statute of limitations for filing suit is three years from the date of the accident.

Edelman, Krasin & Jaye advocate on behalf of victims of drunk driving crashes in Long Island and NYC. To speak with one of our attorneys, please call 1-800-469-7429.

Safety To Increase In Wake of Fatal NYC Crane Collapse

NYC crane

Mayor Bill de Blasio recently announced increased safety measures to protect the public after a crane collapse killed a man earlier this month.

On the morning of Friday, February 5, 38-year-old David Wichs was walking down Worth Street in TriBeCa when a crane that reached 565 feet into the sky came crashing down to the sidewalk. The crane struck and killed Wichs and injured three others, two seriously.

Wichs, from the Upper West Side of Manhattan, immigrated from Czechoslovakia as a teenager. He earned a mathematics degree from Harvard and worked for the trading firm Tower Research Capital. Those who knew Wichs described him as deeply humble, warmhearted, and trustworthy. He leaves behind a wife.

The collapsed crane also caused extensive damage to the neighborhood. More than 140 firefighters, accompanied by police officers and utility workers, patrolled the area to manage water main breaks and gas leaks caused by the crash,

Wind played role in crane collapse

Galasso Trucking and Rigging, from Maspeth, Queens, was operating the crane in question. The official cause of the collapse is under investigation but the construction crew told officials that they were in the process of lowering the crane at about 8 a.m. on the morning of the accident because of gusting wind. The crane was reportedly rated to withstand wind speeds of up to 25 mph but the crew began to retract it that morning when the wind reach 20 mph.

While Mayor de Blasio remarked that it was “something of a miracle” that there were not more fatalities or injuries during the accident, he took steps to increase crane safety around the city.

A set of new restrictions will lower the wind speed limit at which a crew must secure a crane and increase the notification and safety precautions for people on the ground when cranes are in motion.

Liability in NY crane accidents

When someone is injured by a crane collapse in New York, they may be able to recover financial compensation for their losses after establishing negligence on the part of a liable party.

Some of the many factors that can result in a crane accident include:

  • Defective equipment or poor maintenance;
  • Poor judgment by or inadequate training of the operator;
  • Lack of communication between employees; and
  • Failure to follow safety procedures.

Some of the parties who may be liable for the collapse include:

  • Crane owner;
  • Crane operator, and whoever provided training or supervision;
  • Equipment maintenance provider;
  • Property owner and/or management company;
  • General or sub-contractors;
  • Equipment manufacturer.

A victim may be able to recover for wrongful death, medical expenses, lost wages, lost earning capacity, disability, and pain and suffering. When the victim is a construction worker, workers’ compensation may cover some of these costs but it is typically not enough to cover severe injuries and they may need to file a lawsuit.

At the Long Island law firm of Edelman, Krasin & Jaye, our personal injury attorneys can assist victims of NYC crane accidents with aggressive representation to secure maximum compensation on your behalf.

Victims of worksite accidents can contact our personal injury law firm at 1.800.469.7429 to schedule a free, no-obligation case review.

Defendant in Fatal Long Island DUI Crash Caught Trying to Flee the US

car after head on collision

Described by many as a “despicable millionaire,” the infamous New York developer Sean Ludwick has been finally ordered to stay put – and will remain in Suffolk County jail until the conclusion of his vehicular homicide trial, and possibly much longer.

According to reports, Ludwick – who fatally injured a colleague following a 2013 drunken collision with a Hamptons utility pole – was re-arrested in January after tipsters alerted police that he may be plotting to flee the country via a GPS-enabled yacht capable of making it to South America. Going so far as to take sailing lessons from an outfit in Puerto Rico, Ludwick was hauled back to New York after the sailing instructor got a “bad vibe,” and Googled the “obnoxious, overbearing jerk” – revealing the details of the ongoing criminal proceeding in Suffolk County.

Suspect dumps victim’s body on Hamptons road

The underlying details of the Ludwick case are particularly gruesome, as police report he brazenly dumped the victim’s body along the side of a winding Hamptons back road. As well, Ludwick is alleged to have removed the victim’s wallet – presumably to preclude any identification of the body – and tossed it in a nearby forest. It was recovered shortly after the body was discovered, and Ludwick was quickly charged with 12 criminal counts, including aggravated homicide.

After meeting his $1 million bail, Ludwick found himself unable to fly out of the United States due to the relinquishment of his passport. Instead, he traveled to San Juan to learn to sail, and inquired about a $450,000 Beneteau Oceanis sailboat equipped with the necessary components to sail from the U.S. to a safe haven in South America.

Liability in DUI accidents

Under laws of negligence and liability, a driver can face significant civil consequences any time he engages in unreasonably dangerous misconduct. While this sort of behavior can take many forms, driving while intoxicated is a well-settled example of negligence behind the wheel – and anyone facing physical injury or property damage as a result of the DUI may be able to make a claim under the applicable civil laws.

Here, Mr. Ludwick’s victim tragically met his demise as a result of the crash. In that scenario, it will be up to the victim’s surviving spouse and next-of-kin to initiate what is known as a “wrongful death” lawsuit against Ludwick, which allows for compensation to redress the emotional toll and loss of companionship experienced by a victim’s spouse and children in this type of scenario. Moreover, the victim’s family may be able to recover the costs and expenses of his funeral, burial and final medical expenses, assuming attempts were made to revive the victim on-scene.

Surviving DUI victims are similarly situated to recover from the driver at fault in the crash, and may seek compensation for all direct and incidental costs incurred as a result of the accident. What’s more, a DUI accident lawsuit can also help compensate for the diminished property value – or total loss – of the victim’s vehicle.

If you were injured in an accident involving an intoxicated or negligent driver, please call the practice of Edelman, Krasin & Jaye at 1-800-469-7429 for a free consultation. Our knowledgeable personal injury lawyers serve all of Long Island and the NYC area.

Lawsuit: Long Island Hospitals Killed Baby, Accused Parents of Abuse

newborn hand clings to fingerA Long Island couple has filed a wrongful death lawsuit alleging that hospitals made a series of disastrous mistakes leading to the death of their baby and then accused the parents of abuse as a cover-up. The accusations threatened Sara and Padraig Keenan with the loss of their two older sons as well as their infant daughter before they were finally cleared of any culpability.

According to the lawsuit, Padraig Keenan found his three-month-old infant Lana choking on her own vomit in her crib an hour after her mother laid her down to sleep after nursing her. A houseguest who worked as an EMT was able to revive the baby. However, when the Keenan’s called 911, the care that their daughter received at the hands of several medical professionals led to her death.

The EMTs failed to intubate, give oxygen to, or protect the baby from cold as they carried her to the ambulance. They brought the baby to Bay Shore’s Southside Hospital (rather than a nearby pediatric intensive care unit) where doctors administered what the lawsuit calls a “cornucopia of drugs” to the tiny patient. This mix of drugs lowered her blood pressure to the extent that oxygen failed to reach her brain for at least an hour; epinephrine administered to correct the problem did not work because the IV was incorrectly inserted. Finally, Lana was taken to Cohen Children’s Medical Center in Queens, where she ultimately died.

As baby dies, parents are accused of abuse

As their baby lay dying, the Keenans were accused of causing her death by Dr. Jamie Hoffman-Rosenfeld, a doctor at Cohen Children’s Medical Center. Dr. Hoffman-Rosenfeld believed that Lana had died due to shaken-baby syndrome. The doctor and social workers from Suffolk County barred the Keenans from having any contact with her and took custody of their 6- and 3-year-old sons. An investigation confirmed that no physical abuse had occurred, but child protective services nevertheless pursued an investigation against the couple for 11 months. The Keenans were cleared of abuse allegations in 2015.

The lawsuit alleges that Dr. Hoffman-Rosenfeld led a“a bogus, illegitimate, and wholly contrived witch hunt falsely accusing both of harming their child and causing the injury which ultimately led to her death,”and noted that “The type of brain damage [Lana] sustained did not even closely resemble what is seen in ‘shaken baby syndrome’ or cases involving intentional or accidental ‘traumatic head injury.’”

Lawsuit filed over death of baby, abuse accusations

The Keenans have filed a medical malpractice lawsuit naming Hoffman-Rosenfeld, the EMTs, the hospitals involved in the baby’s care, and several other entities. They say that they believe that they were accused of abuse to make a false confession and take pressure off the hospitals for their culpability in the baby’s death.

Malpractice suits can be difficult to win, but the right case can be pursued with success. Malpractice involves providing medical treatment that falls below the standard of care. If a patient dies as a result of substandard care, doctors, nurses, hospitals, and other members of the medical establishment can be held responsible in a civil suit.

If you believe that you or a family member have suffered as a result of malpractice, please contact the attorneys at Edelman, Krasin & Jaye to better understand your legal options. Call 1-800-469-7429 to set up a no-cost/no-obligation case review to review your options.