10 January

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Man Decapitated Falling Onto Manhattan Subway tracks While Walking Between Cars

in Accidents, Injuries, Premises Liability, Wrongful Death

A man fell to the the tracks at a Manhattan subway stop and was struck and killed after trying to walk between the train cars. An unidentified 25-year-old man was hit by a southbound 2 train and pronounced dead at the scene, the New York Daily News reports. The fatal accident happened before 11pm at Chelsea station at 23rd Street and 7th Avenue on Wednesday night. Southbound 1 and 2 trains have been diverted to traveling express due to the disruption from the accident, the New York City Transit Twitter account posted. By Michael Nam [DailyMail]...

25 December

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Driverless Industry Surges Forward While Hill Hiccups on Regulation

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Insurance, Wrongful Death

Sen. John Thune was test-driving a car of the future when he ran into a very 20th-century problem: traffic. In 2016, Washington’s local laws forced Thune’s autonomous-capable Chrysler sedan to motor into neighboring Virginia before it could show off the no-hands navigation. That’s where the South Dakota Republican got stuck in a tide of commuters. “Evidently driverless cars are not going to help our traffic jams,” he said. Thune was an early advocate for autonomous vehicles, but his experience among a fleet giving Congress test rides that day is a good example of why Capitol Hill needs to set uniform standards for driverless cars before the technology...

04 December

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Trial Win in Wrongful Death Case Against Distracted Driver

Posted by orincohenlaw

in Accidents, Car Accidents, Wrongful Death

Distracted drivers caused 54,302 crashes, injuries, and wrongful deaths in North Carolina in 2016. If you travel on the streets or highways, you are at risk for being injured or killed by someone who is more interested in their phone than their driving. On the morning of May 10, 2016, Russell Rutledge was driving his Chevrolet Silverado from a business meeting in Garner to meet a colleague in Durham. As he drove, Rutledge was using his cell phone to text, email, and make and receive phone calls. The evidence showed that Rutledge drifted onto the shoulder of Highway 98 in Durham...

22 November

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FDA Recalls Another Blood Pressure Drug for Possible Cancer Risk

Posted by orincohenlaw

in Injuries, Insurance, Wrongful Death

The U.S. Food and Drug Administration announced a third blood pressure medication recall over concerns the contaminated drug might cause cancer. Sandoz Inc. is voluntarily recalling losartan potassium hydrochlorothiazide tablets because the pills could contain an impurity N-nitrosodiethylamine (NDEA). The substance is a probable human carcinogen, according to the International Agency for Research on Cancer. Losartan affected by the recall are 100 milligram/25 milligram tablets with the lot number JB8912. The contaminated medication was not distributed before Oct. 8. Patients who are currently taking this medication are advised to speak with their doctor before stopping use, because the risk of going off of the medication might be greater than...

13 November

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Insurers Gain High Marks After Hurricanes Florence, Michael

Posted by orincohenlaw

in Injuries, Insurance, Wrongful Death

After the two recent billion-dollar disasters struck the southeast this fall, the nation’s largest property/casualty insurers responded by deploying their CAT response teamsto the affected areas. J.D. Power surveyed consumers affected by the storms to understand which insurance companies were most responsive and how the industry performed overall. “When consumers enter into an agreement with an insurance company they are essentially buying a promise.” says Tom Super, director of the insurance practice at J.D. Power. “When Hurricanes such as Florence and Michael occur, it shines a light on those companies that are able to deliver on that commitment at great scale, and...

16 October

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N.Y. Limo Service Operator Charged in Crash That Killed 20

Posted by orincohenlaw

in Accidents, Car Accidents, Injuries, Wrongful Death

A limousine service operator was charged Wednesday with criminally negligent homicide in a crash that killed 20 people, while police continued investigating what caused the wreck and whether anyone else will face charges. Nauman Hussain, 28, showed little emotion as he was arraigned Wednesday evening in an Albany-area court, and he ignored shouted questions from reporters as he left after posting $150,000 bond. A judge had entered a not guilty plea for him. Earlier, his lawyer said that Hussain wasn’t guilty and that police were rushing to judgment in investigating Saturday’s stretch limo wreck . But State Police Superintendent George Beach said Hussain hired...

27 September

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Estate Recovers Nothing for Mistaken Brain Surgery

Posted by orincohenlaw

in Injuries, Wrongful Death

The case of a woman who died after undergoing mistaken brain surgery involves apparent errors by her doctors and her lawyers, according to a Michigan Supreme Court justice who agreed with a decision to overturn the $20 million award. Because the lawyers pursued a negligence cause of action barred by collateral estoppel, the estate of Bimla Nayyar will receive nothing, according to the concurring opinion by Michigan Chief Justice Stephen Markman. Nayyar was supposed to receive treatment for a dislocated jaw, but doctors operated on her brain because of a mix-up involving X-rays. The Oakwood Hospital and Medical Center in Dearborn conceded negligence. “This case...

20 September

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Father Lost Infant Son to Drunk Driver Change Could Save Countless Lives

Posted by orincohenlaw

in Accidents, Car Accidents, Wrongful Death

Marcus Kowal, a former mixed martial arts fighter, is co-founder of the Liam’s Life Foundation. Sept. 12 marks two years since the funeral of my 15-month-old son, Liam. He had been in a stroller, being pushed through a pedestrian crosswalk in suburban Los Angeles by my sister-in-law, who was 15 years old at the time. She had done everything right: pressed the button, waited for the lights to change and then started walking. Other cars stopped, but one didn’t. Police later estimated that the car was going 35 to 40 mph as it smashed into Liam and my sister-in-law. The car was driven...

11 September

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More U.S. Kids Dying From Injuries

Posted by orincohenlaw

in Car Accidents, Wrongful Death

Murder, suicide, car crashes, and addiction have all contributed to a spike in deaths among U.S. children and teens in recent years, a government study suggests. The death rate for youth aged 10 to 19 rose 12 percent between 2013 and 2016, eroding a previous decline stretching back to 1999, according to the study from the U.S. Centers for Disease Control and Prevention (CDC). Injuries accounted for 70 percent of deaths in this age group in 2016, far outpacing fatalities from natural causes like cancer and heart disease. “The most surprising result is that the rise cannot be pinpointed to one cause,” said...

28 August

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There is no true definition of deceased

Posted by orincohenlaw

in Wrongful Death

On behalf of Orin Cohen of Orin J. Cohen Law While death may be the end of life, there is no set definition as to when it occurs. What constitutes death may be different in New York as opposed to other states. As technology evolves, it allows scientists to keep organs to remain in a functional state for longer periods of time after a medical emergency. Therefore, some believe that defining death is a debate that involves both science and philosophy. However, the 1981 Uniform Determination of Death Act created guidelines to determine if a person is no longer living. It says that a person can be...