Queens

Published on: October 2, 2012

The above entitled action stems from personal injuries allegedly sustained by plaintiff

by Stephen Bilkis

The above entitled action stems from personal injuries allegedly sustained by plaintiff as a result of an automobile accident with defendant occurred on May 16, 2008, when plaintiffs’ vehicle was exiting Northern State Parkway to Route 110 in Melville, County of Suffolk, State of New York. Plaintiff was operating a 2003 Lincoln Town Car which was owned by his employer Executive Limo. Defendant was the owner and operator of a 2001 Chevrolet. It is alleged that the automobile that was being driven by plaintiff was struck in the rear by the automobile being driven by defendant. Defendant claims that the impact was heavy and caused his glasses to fly off and his body to move back and forth inside the vehicle despite the fact that he was seat belted.

A Suffolk man said that, as a result of the accident plaintiff claims that he sustained the following injuries: Sprain of the anterior cruciate ligament/left knee; Tear in the posterior horn of the medial meniscus of the left knee and may require future surgery; Acromion impingement on the supraspinatous muscle of the left shoulder which may require future surgery; Increased signal in the supraspinatous tendon consistent with tendonopathy/left shoulder; Subligamentous posterior disc herniations at C3-4, C4-5, C5-6 impinging on the anterior aspect of the spinal canal at C3-4 and C4-5 and on the anterior aspect of the spinal cord at C5-6; Subligamentous posterior disc herniations of the lumbosacral spine at L4-5 and L5-S1 impinging on the anterior aspect of the spinal canal, the neural foramina bilaterally and left nerve root at L4-5; Moderate to sever stenosis from L3-L5; Cervical, thoracic and lumbar myofascitis; Lumbar and cervical radiculitis/radiculopathy; Left bicepital tendonitis; Left shoulder derangement; Left knee derangement; Left ankle sprain/strain; Left foot contusion and left plantar fascitis; Cervical sprain/strain; Thoracic sprain/strain; Lumbar sprain/strain; Cervical acceleration/deceleration injury; Myofascitis; Bilateral ulnar motor neuropathy at elbows; Borderline left median motor neuropathy; Right, distal medial sensory neuropathy; Bilateral ulnar sensory neuropathy; Left rotator cuff sprain; Decreased range of motion of the cervical spine; Decreased range of motion of the left shoulder; Myofascitis of the cervical, thoracic and lumbar spine; Left supraspinatus tendinopathy and impingement.

Plaintiff commenced the action with service of a Summons and Verified Complaint. Defendant moves, pursuant to CPLR § 3212 and Article 51 of the Insurance Law of the State of New York, for an order granting her summary judgment on the ground that plaintiff did not sustain a “serious injury” in the subject accident as defined by New York State Insurance Law § 5102(d). Plaintiff opposes defendant’s motion.

Published on: September 5, 2012

A complainant woman commenced an action for her claimed of personal injuries

by Stephen Bilkis

A complainant woman commenced an action for her claimed of personal injuries resulting from a motor vehicle accident.

According to the woman’s statement, after the accident the police responded to the scene but an ambulance did not arrive. The woman then exited her vehicle unassisted, without any pain in any part of her body and was capable of driving her vehicle from the scene to her workplace. The woman testified that she first sought medical attention when she felt some pain in her lower back and headaches. X-ray examinations were taken and chiropractic treatment was rendered by a physician. She further testified that she was treated by the same physician regularly until the winter and eventually discontinued the treatment. Thereafter, she received physical therapy two or three times per week for a few months. She also testified that she visited an orthopedist on three or four occasions.

The woman no longer receives medical treatment for injuries allegedly sustained as a result of the accident, nor does have any future medical appointments scheduled. She testified that she was confined to her bed for one day as a result of the accident and missed less than one week of work. The court notes that the testimony contradicts the woman’s bill of particulars.

Published on: August 15, 2012

A man, age 24, alleges that at approximately 11:20 a.m., a motor vehicle

by Stephen Bilkis

A man, age 24, alleges that at approximately 11:20 a.m., a motor vehicle he owned and operated collided with another vehicle owned by a woman and operated by a man. The woman and the driver moved for an order to dismiss the man’s complaint against them.

In support of their motion to dismiss the complaint, the opponents submit an affirmed report of examination of orthopedist, neurologist, and radiologist. The opponents also submit an un-affirmed report of the man’s radiologist. The MRI’s were purportedly performed on the dates of the reports. The court notes that the report of a physician which is not affirmed or subscribed before a notary or other authorized official is not competent evidence.

The Queens orthopedist found normal range of motion, comparing the results to normal, of the man’s spine, lower extremities, left elbow and left and right hands and shoulders and found no muscle spasms. He also found normal muscle strength, sensation and reflexes. He also provides results from numerous other orthopedic tests. He diagnosed the man’s cervical radiculopathy, resolved. The thoracolumbosacral radiculopathy, bilateral shoulder contusion, left elbow contusion and bilateral hand contusion were all resolved. He noted that the MRI of the cervical spine revealed a preexisting malformation which could affect recovery.

Published on: May 29, 2012

Roderick McCauley was driving east on Route 3

by Stephen Bilkis

Roderick McCauley was driving east on Route 3 near the approach of the bridge crossing the Raquette River. He noticed a snow plow stopped at the edge, and then it moved forward. It again stopped and moved forward towards him. When he saw this, he drove his vehicle to the right. According to a report, his right wheels were on the shoulder. He drove in the same position at a speed of about 20-25 miles per hour until he passed the snow plow. He tried to turn the car back to the paved road. The front wheel went up, but as he accelerated to bring the rear wheel up, the back end shook and the car skidded across the road. It went through the space in between the guard posts, over the bank and into the river. There were five other people in the vehicle with Mr. McCauley. McCauley and two other passengers drowned, and the three others survived but suffered spinal injuries.

The representatives and the survivors filed a case against the State for the negligence in maintaining the roads, which included the shoulder. They said that the pavement was raised above the shoulder and that there were no guard rails. The Court of Claims in Queens and Westchester said that the elevation was not important because they did not have a reason to be on the shoulder as there was no emergency. They ruled that there is no liability from the State. They said that the car skidded because of the negligence of Mr. McCauley.

The Supreme Court Appellate Division received an appeal for this ruling and reviewed the facts. A Lawyer says that guard rails are set up to protect traffic from special hazards. Special hazards are high embankments, a deep and rapid river, or a sharp mountainside drop. It is their opinion that this is a negligence of the State in the maintenance. They said that it played a big part in causing more casualties. They also said that a careful driver who just trying to avoid an accident from happening should have been able to use the shoulder with no problem if properly maintained. It is not negligence for a driver if he used the shoulder to avoid an oncoming snow plow that may occupy part of the lane that he was using. According to the witnesses, they slowed down in the approach. The contest that he should have stopped on the shoulder or not have continued driving and causing the spinal injury on the shoulder still requires that the State maintain the shoulder of the road properly as it could have cause an accident. If Mr. McCauley was not a cautious driver, he would not have been using that shoulder in the first place and may have hit the snow plow instead.

Published on: May 26, 2012

The 1978 case of a white-haired man arrived at the Circuit Court one morning

by Stephen Bilkis

The 1978 case of a white-haired man arrived at the Circuit Court one morning. The man entered the courtroom to testify in his $1 million lawsuit he filed against Edward H. White II Memorial Hospital.

He filed the lawsuit because he fell out of bed while admitted in the facility. The 50-year-old man claimed that the hospital staff was negligent when they left the railing down on his hospital bed. When he fell, he suffered a spinal injury.

The hospital refuted those claims and said that the patient had raised such a ruckus about having it up that they lowered it – against hospital policy – in order to hopefully prevent another coronary episode in the gentleman.

Published on: May 12, 2012

Yoga Workshops in Colorado Can Help With Injuries

by Stephen Bilkis

There may be relief for back injuriesbeyond common medical procedures.

A prominent yoga instructor has conducted workshops in Vail, Colorado, teaching for a weekend at a time. He himself is an athlete who suffered injuries and found ways to help heal himself through yoga. The instructor was once a competitive swimmer who suffered major spinal and shoulder injuries while training and competing. He knows all about the athletic life and what it takes to overcome injuries others might consider debilitating.

“We are really excited to have [the instructor] come back to us…” the yoga director at the spa told a reporter. “He knows how to zero in on low back pain and heal aching joints from overuse injuries through his system of teaching. I hope you come and experience his depth of knowledge.”

Published on: May 8, 2012

Helicopter EMS – Making the Difference

by Stephen Bilkis

Many of us have seen them in the air, and hopefully none of us will ever have the need to ride in one, but the helicopter EMS (HEMS) is a service that a person is very grateful is in service. Since most of us have never had the chance to see one of these wings of mercy up close, we thought it would be an experience to take a look at one of the companies that makes sure these helicopters and their crews have the necessary equipment for these flying traumacenters.

One of the largest and most respectable HEMS companies is Air Methods, out of Boulder, CO. Since 1980, the company has supplied products to the aviation industry, and it is one of the largest HEMS operators with about 40 percent of the U.S. market. However, as the rep learned, this is not the only part of their business model. Another part of their business includes making the interiors for the military medevac helicopters, such as the HH-60 Black Hawk, and the General Dynamics Stryker medical evacuation vehicle (MEV). They also developed the SCITS (spinal cord injury transport system) for the U.S. Air Force.

Further, a reporter also discovered that the company not only manufacturers these products, they also have their own engineering staff who designs them. Some of these designs include avionics, mission systems, medical interiors, patient loading systems, and a rather unique floor design that the company says stores blood with minimal spillage. The company with offices in Queens and Staten Island is also a subcontractor to both Sikorsky and General Dynamics. It is also a FAA approved parts manufacturer.

Published on: April 1, 2012

Tammy Bennett was in a car accident on September 26, 2001

by Stephen Bilkis

Tammy Bennett was in a car accidenton September 26, 2001. She was pregnant at that time. She was taken to a hospital in MacClenny, Florida, near where the incident occurred. Fetal testing was performed, and the medical staff decided to airlift her to St. Vincent’s Hospital. Mrs. Bennett’s kidney failed, and they had to do a caesarean section to get the baby. According to a report, this was done by Dr. Long, her obstetrician. They started the operation at 1:16 p.m., and Tristan Bennett was born at 1:22 p.m. They noted a placental abruption. A placental abruption is a complication of pregnancy. It is when the placental lining has split from the mother’s uterus.

According to the hospital record, Tristan did not cry when she was born. Her breathing was slow, so they had to be resuscitated with a CPR mask face mask with free flowing oxygen. His Apgar score was six at one minute and eight at five minutes. This is considered as normal. The Apgar test is done to determine the health of a new born. It requires a check on the appearance, pulse, grimace, activity and respiration, said a rep. When the Cord Blood gas test was done, it showed a profound metabolic acidosis. This meant that there was something that was causing his kidney not to clear acidity in his body. At first, she was placed at the newborn nursery but was transferred to the special care nursery after about twenty-five minutes because she was having difficulty breathing and the metabolic acidosis.

The initial problems that she had were all resolved. She had other conditions in the week that followed her birth that were all relater to kidney and liver damage. There was no continuing treatment for the respiratory distress. There was no documented neurological damage. A pediatric neurologist was not consulted or requested to check the infant. From the information found by a study, seven days after, she suffered from a pulmonary hemorrhage. There were times that she was not breathing. She was spitting blood from her lungs through her mouth. Her heart rate was really slow. Her condition was unstable the whole day and showed signs of neurologic abnormalities at the end of the day. The following day, more possible seizures and central nervous system tremors were noted. They had electroencephalogram (EEG) and computerized tomography scan (CT) done. A pediatric neurologist was consulted. There was a possible neurological damage which included a multicystic encephalomalacia of the cortex. This is multiple sized cysts in the brain typically when infants suffer a lack of oxygen to the brain.

Published on: March 28, 2012

Angelina Perez a child was represented by her father Jose Lopez in a claim for damages

by Stephen Bilkis

In a very long case that transpired from March 2002 until May 2010, Angelina Perez a child was represented by her father Jose Lopez in a claim for damages. After discovery was conducted between the parties, and mediation in October and November 2007, it was sent out to trial. It was scheduled for November 30, 2007, but it was transferred to determine a guardian ad litem as counsel for Mr. Lopez. According to a report, a guardian ad litem is a party that is assigned by the court to act in a lawsuit in behalf of another party like a child or an incapacitated adult. In the instance of an adult, he has to be deemed as incapable of representing himself. Mr. Lopez appeared to have some cognitive impairment that requires him to have a guardian. The cased stayed in that question until the Court sent out an Order to Show Cause on December 3, 2007. This was for the appointment of the guardian ad litem. In the order, they were told to appear in the court by December 20, 2007 and said that the trial to determine the guardian is in thirty days. It as well said that the parties’ should exchange Civil Practice Law Rules requirements. Robert Kruger, Esq. was appointed as the guardian of Jose Lopez, but his request for a stay in the trial was denied.

The following trial was on February 4, 2008. It was again adjourned and delayed as Mr. Lopez did not exchange his Civil Practice Law Rules 3101, which is the disclosure from a medical expert. This is what they need to establish liability, says a source. It was not addressed by Mr. Lopez until they received a letter from his wife to the court, and all the parties dated July 9, 2009 that advised the court that the firm handling the case had dissolved, and the lawyers were their case was transferred refused to handle the case. This was fixed by a conference by the court where Herbert Rodriquez, Jr., a member of the dissolved firm took responsibility of the case. They were not able to find any other lawyer either in Queens or Staten Island. The guardian was also replaced and was changed to Denise Kranz, Esq.

To give Mr. Rodriguez enough time to recreate the case, and for the Angelina Lopez and her mother to get additional Electron Beam Tomograpy (EBT), the next trial date was scheduled on April 19, 2010. A source said, the court also asked for them to provide medical records and doctor’s reports. The additional EBT had to be limited to the physical condition and the last medical treatments. The doctor to do it was to be chosen by the defendants.

Published on: March 3, 2012

The accident happened when the bus hit the driver’s side door

by Stephen Bilkis

According to reports gathered by a reporter, accident victims Charlina along with her two children Joyal and Royal Grandison were passengers on a Metropolitan Suburban Bus driven by Peter Smith. According to the accopunts of both Charlina and Smith, the accident happened around 2:50 in the afternoon of September 27, 2004 at the intersection of Old Country Road and County Seat Drive, in Mineola, New York. The accident happened when the bus hit the driver’s side door of another vehicle owned and driven by Ranjit Singh.

Still according to the reports, Singh told the court that he parked his car along Old County Road. About 30 seconds after he parked his car, he opened his door to get out. Unfortunately, even though he did not open his car door any wider than necessary (can only fit one man to go out) his car door was hit by Smith who was driving the Metropolitan Bus at that time where Charlina and her two kids where passengers. Singh also said that he did see the bus approaching that is why he tried to get out of his vehicle at the time he did. But he also said that he opened his car door with caution, opening it only wide enough for him to get out.

According to the testimony of Smith, he did not feel any impact as a result of the collision between the side of the bus and Singh’s car door. He only saw the accident when he had already passed Singh’s car to see that their vehicles indeed made contact. Smith also said that he was only travelling about 5-10 miles per hour at the time of the accident.