New York City

Published on: April 12, 2012

This is an unfortunate accident that happened to Richard Jarrett

by Stephen Bilkis

This is an unfortunate accident that happened to Richard Jarrett on September 4, 1972. Jarrett was a passenger in Mr. and Mrs. Kenneth Dell. At around 11 in the morning, the car driven by Mr. Dell had a flat tire along New York State Thruway. Mr. Dell promptly drove the vehicle on the left divider in order to avoid traffic. Unfortunately the jack in the car was defective so Mrs. Dell and Jarrett went out of the car and crossed the three southbound lanes, hoping that they can borrow a jack from somebody in the nearby golf course area.

As Mrs. Dell and Jarrett were coming back to their car, Jarrett carried the jack trailing Mrs. Dell by only a few feet. According to a source, from what Jarrett can recall, it was a clear day. Jarrett was carrying the large part of the jack on his left shoulder and the base on his right hand. Jarrett also testified that before he went ahead to cross the three southbound lanes, he looked to his left to see if there were oncoming traffic. He saw two vehicles approximately 500 yards (1,500 feet) away so started crossing. That was the last thing he remembered and the next thing he knew was he was already in the hospital being looked at by a doctor three months later.

Still according to a Lawyer, based on Mr. Dell’s story from where he was located, before Jarrett crossed the three lanes, there were three vehicles approaching approximately 1000 feet away. He saw the two other vehicles slowed down but the third vehicle, driven by Vincent Madifari, never slowed down. What he saw was when the two other vehicles slowed, Madifari’s car passed by them then swerved to the right. Unfortunately, Jarrett was already on that part of the road. Mr. Dell didn’t actually see the impact but heard impact and the next thing he saw was Jarrett on the ground.

Published on: March 25, 2012

New York City entered into a contract with Trocom Construction Corp

by Stephen Bilkis

New York City entered into a contract with Trocom Construction Corp. for them to do reconstruction work for Henry Hudson Parkway. The contract included a provision for Trocom Construction Corp. to cover any claim against the State that is from Trocom Construction Corp.’s negligence or failure to meet the terms or the law. The city granted Trocom Construction Corp. permission to restrict traffic on Henry Hudson Parkway to do their work. On the southbound Parkway from West 125th Street to West 100th Street they were allowed to impede traffic at certain hours, and at night when the work was being done. A source said it was limited to right bound lane. The site was required to be well lit. About six months after it was changed to include the right and center lanes but only from one in the morning to six thirty in the morning.

They started to work a few days after the permission was changed. They started setting up a catch-basin on the right lane. The work was indicated by barrels, and they had placed a truck with a flashing arrow board. The barrels were placed from the start of the lane to the truck and up until the end of the construction area. Inside the closed lane was an air compressor.

The same that they started the construction, Richie Vasquez, Rafael Costanza, Osvaldo Rolon and Robert Coello were driving on the southbound lane at around three twenty in the morning. Mr. Coello said that they were travelling at around 50-55 miles per hour, says a report. The speed limit in that road was 50 miles per hour. Another vehicle was coming up fast behind them, and they sped to about 60 miles per hour and swerved to the left fearing that they may get hit. He hit the left curb and lost control of the car. He said that the car spun, and he let go of the steering wheel and did not try the break. The vehicle turned onto the construction zone and hit the air compressor then the guard rail. The car went airborne and landed in the Hudson River. Mr. Rolon died of spinal injuries, and the others were injured.

Published on: March 13, 2012

Daniel Augustin was the owner of the vehicle involved and the one who also filed the complaint.

by Stephen Bilkis

According to a report, this is a case of car accident resulting in spinal injuryand to total loss and insurance claims that resulted in a long argument in court because of technicalities about the dates and other things as well. Daniel Augustin was the owner of the vehicle involved and the one who also filed the complaint. Gilot Insurance and Colonial Penn Insurance Companies are the insurers being questioned by the court regarding Augustin’s claims.

In June of 1989, Augustin purchased a 1984 320-I BMW which he applied for a comprehensive car insurance through Gilot Insurance Company. But because it will take time before Augustin could get the title for his car, Gilot advised him to purchase first a Liability Car Insurance which will protect him for bodily injuries which may occur during an accident while waiting for the comprehensive insurance. Gilot promptly prepared the application in behalf of Augustin since this is permissible under the law. In return, New York Automobile Insurance Plan assigned an insurer to Augustin which turned out to be Colonial Penn Insurance Company. Penn consequesntly insured Augustin’s car from June 10, 1989 to June 10, 1990.

Still according to the facts, Augustin returned to Gilot on June 23, 1989 to present the title for his car and to change his liability insurance to a comprehensive insurance plan. Gilot prepared and filled out the forms necessary for the change and mailed it to Penn the following day by regular mail. Augustin also paid the first premium through Gilot who said and testified that Penn authorized it to receive the premium payment on Penn’s behalf.

Published on: February 28, 2012

The condition of the spine is a vital part of overall health

by Stephen Bilkis

A United States Army soldier could carry as much as 127 pounds in the field and more than 60 pounds even while in combat, doctors learned. An Army colonel studied the effects of carrying so much weight, with the intent of reducing spinal injuries to soldiers that could otherwise be avoided.

“If an aggressive … weight-loss program is not undertaken by the Army,” the colonel told a source, “the soldier’s combat load will continue to increase and his physical performance will continue to be even more severely degraded.”

The Army responded by attempting to develop lighter gear. This proved especially difficult, since they were also looking for ways to reduce casualties by making body armor stronger and other measures that would likely increase the weight of a soldier’s gear. Lumbar spinal injuries are very common.

Published on: February 14, 2012

Woman in Manitoba Sues Doctors for Not Detecting Cyst

by Stephen Bilkis

A woman of Thompson, in Manitoba, Canada is suing the Burntwood Regional Health Authority and four doctors for the brain damage she suffered after a spinal column cyst went undetected for more than a year of medical visits.

The Thompson woman is now unable to work as a First Nations mental health counselor and needs daily assistance, alleged experts. The Burntwood Regional Health Authority in Thompson claims they have not yet received the statement of claim and the allegations remain unproven in court.

The suit is for unspecified damages, including loss of income.

Published on: February 11, 2012

Paralyzed Rutgers Player Comes Home

by Stephen Bilkis

The family of paralyzed Rutgers football player Eric LeGrand has informed the school that he has been released from the Kessler Institute for Rehabilitation and will live with his aunt in Jackson.

LeGrand was paralyzed from the shoulders down when he suffered a spinal cord injurywhile making at tackle in a game on October 16th, 2010 against Army. He spent the time from November 8 until the end of March 2011 recuperating.

“This is an exciting day for me to return to living with family,” LeGrand said in a statement. “My family and I can’t thank Kessler enough for all the tremendous care and support I received as I continue rehab from my injury. It has meant so much to me to receive so many well wishes and prayers from everyone.”

Published on: December 17, 2011

Military Strives to Provide Recovery to Spinal Injuries

by Stephen Bilkis

The military has been working hard to find new ways to treat musculoskeletal injuries, studies have learned. Teams of physical therapists and other specialists have been created by the Army to keep a closer eye on infantry brigades, and have implemented better screening techniques to find serious spinal injuries. Still, some soldiers say their injuries are often discounted by physician assistants, who are often the ones who see the soldiers first. These assistants determine who will get more extensive workups by doctors in military hospitals.

A sergeant in the Army with the 5th Stryker Brigade complained of a sore back during training. A physician assistant at the Madigan Army Medical Center was convinced the soreness was simply due to muscle pain.

The sergeant told an interested party that he had to pay out of his own pocket for an MRI, which showed he had a herniated disc. He went to Afghanistan in 2009 anyway, deciding to wait until returning to Washington state to be treated in summer 2010.

Published on: December 8, 2011

Sciatic Pain Affects Many

by Stephen Bilkis

Many people know the agony of sudden sharp pains in the leg that seem to have no cause. Experts have heard about it from many clients. The pain is sometimes so awful that the client can barely stand or walk. Many of them have no idea what is happening to them, or that it is related to the spinal cord. It is called sciatica, and it involves the nerves. This condition is sometimes caused by slip and fall accidents.

According to doctors in New York City and Westchester County, sciatica is not so much a medical diagnosis, but a symptom of other problems in the lower back. Sciatica is what is known as a “radiculopathy” to doctors. It means a disc in the lower back has slipped from its position to put pressure on the radicular nerve (nerve root) in the lower back.

People between 30 and 50 years of age are most likely to suffer from sciatica. Sometimes, it is not caused by a specific injury, as it can just develop through time as general wear and tear on the lower spine. That does not mean, however, that it cannot be caused by injury.

Published on: November 18, 2011

Three Men on Trial for Paralyzing Police Officer

by Stephen Bilkis

Earlier this month, a preliminary hearing wrapped up for three men accused of beating and causing paraplegia an Oklahoma City Police Officer. The Oklahoma County Special Judge ruled that the three men could stand trial.

The officer was attacked when he was escorting the defendants out of a northwest Oklahoma City bar last February after the bartenders there asked him to. The men were allegedly trying to start fights with customers.  Witnesses testified that one of the men held the officer in a headlock and lifted his body. This is likely when the officer’s neck broke.   The operating surgeon said the officer suffered a complete spinal cord injury. A spokesperson indicated that the injury likely shortened his life by 10 to 15 years.  Witnesses also reported that another of the men threw haymaker punches at the officer’s head while the third kept anyone from coming to the officer’s rescue.  All three men are charged with one count of maiming or assault and battery by means of force that is likely to cause death. If convicted, each defendant could face a life sentence in prison.  The judge dismissed another charge of conspiracy to assault and battery of a police officer. He agreed with defense attorneys who insisted the three men did not plan the attack.  The District Attorney reported that the man’s family has remained strong throughout the testimony, even if they were disappointed with the conspiracy charge being dismissed. The possibility of life imprisonment seems “just” enough to them, at this point.

The DA is expected to appeal the dismissal of the conspiracy charge. The three men are to be arraigned on June 10. The pre-trial date will be set then. Oklahoma City Police Officers have initiated a bowling and auction event set for June 11. The proceeds are to go to the officer and his family. Police in Queens and New York City are sympathetic to the officer in this case.

Published on: November 4, 2011

Farm Accident Causes A Construction Worker’s Life To Be Forever Changed

by Stephen Bilkis

A 26-year-old was working on top of a farm-building when the roof of building collapsed out from under him, causing him to fall six meters to the floor. The roof sheeting, which he had been standing on, is what collapsed.

The 26-year-old was sub-contracting for a larger company at the time of the accident, stated a New York Spinal Injury Lawyer. After the accident, the 26-year-old is now a complete paraplegic and is forced to use a wheelchair.

A researcher in Queens discussed how the Health And Safety Executive (HSE) had found that there were no measures in place to assure that this kind of accident would not take place. They also stated that there was no real indication in the job to require the 26-year-old to be on the roof in the first place.