Staten Island

Published on: December 9, 2012

On 1994, a man was admitted to a hospital for the treatment of his spinal injuries

by Stephen Bilkis

On 1994, a man was admitted to a NYC hospital for the treatment of his spinal injuries. Prior to the man’s cervical spine surgery his physician ordered a cervical myelogram and CT scan. The procedure was performed by another physician and a nurse. The man does not recall the whole procedure, but remembers waking up in great pain. The man was advised by his admitting physician, that he obtained dislocation on his shoulder during a grand mal seizure. The man was told that he was suffering from spinal stenosis and diseases of the spine. He was also told that the seizure could have resulted from natural causes and the spinal diseases were normal complications from the myelography procedure.

Subsequently, the man obtained legal counsel and brought a medical negligence action against the doctor who performed the procedure for injuries he received during the cervical myelogram. Afterwards, the physician filed an answer to the complaint and included as an affirmative defense that the man’s damages were caused in whole or in part by third parties. The physician also discussed the risks associated with a myelogram, including the possibility of a seizure. He added that the risk of seizure is decreased when the patient’s head is elevated. He further opined that the nurses may not have followed his postoperative orders concerning the maintenance of the man’s head because when he saw the man during the seizure, the man was lying fairly flat. The man then filed the notice of intent to initiate litigation against the hospital and the nurse. He also modified his complaint to include them as opponents in the lawsuit.

In a request for the dismissal of the case, the hospital and the nurse claimed that the man’s claim for negligence was barred by the law of limitations. They claimed that the man was aware of them as potential opponents immediately following his injuries.

Published on: December 4, 2012

On 1994, a man was admitted to a hospital for the treatment of his spinal injuries

by Stephen Bilkis

On 1994, a Queens man was admitted to a hospital for the treatment of his spinal injuries. Prior to the man’s cervical spine surgery his physician ordered a cervical myelogram and CT scan. The procedure was performed by another physician and a nurse. The man does not recall the whole procedure, but remembers waking up in great pain. The man was advised by his admitting physician, that he obtained dislocation on his shoulder during a grand mal seizure. The man was told that he was suffering from spinal stenosis and diseases of the spine. He was also told that the seizure could have resulted from natural causes and the spinal diseases were normal complications from the myelography procedure.

Subsequently, the man obtained legal counsel and brought a medical negligence action against the doctor who performed the procedure for injuries he received during the cervical myelogram. Afterwards, the physician filed an answer to the complaint and included as an affirmative defense that the man’s damages were caused in whole or in part by third parties. The physician also discussed the risks associated with a myelogram, including the possibility of a seizure. He added that the risk of seizure is decreased when the patient’s head is elevated. He further opined that the nurses may not have followed his postoperative orders concerning the maintenance of the man’s head because when he saw the man during the seizure, the man was lying fairly flat. The man then filed the notice of intent to initiate litigation against the hospital and the nurse. He also modified his complaint to include them as opponents in the lawsuit.

In a request for the dismissal of the case, the hospital and the nurse claimed that the man’s claim for negligence was barred by the law of limitations. They claimed that the man was aware of them as potential opponents immediately following his injuries.

Published on: November 30, 2012

Claimant is a young woman who studied dancing most of her life

by Stephen Bilkis

Claimant is a young woman who studied dancing most of her life. She was employed as a dancer at a famous theme park owned by the appellant Company, for several years. She first injured her back during a dance routine on January 11, 1981. After a spinal injury operation, she went home to recuperate and eventually returned to work. She neither requested nor received any attendant care benefits while recuperating at home on this occasion.

An source said that, claimant sustained a second back spine injury when she was dropped by a fellow dancer. As a result of this spine injury, claimant underwent a low back spinal fusion operation, by an

Queens orthopedic surgeon approved by the appellant Company to provide medical treatment to claimant. Thereafter, claimant was discharged from the hospital to return home and recuperate. She was instructed to wear a full body cast, which greatly restricted her body movement, for one and one-half months following her discharge from the hospital. The cast, although described as “removable,” was to be worn at all times except while bathing and taking care of personal hygiene. Claimant was not advised that her worker’s compensation benefits would cover necessary attendant care during this period. Claimant normally lived alone in her own home, but she had made arrangements to temporarily reside with a friend who agreed to provide her care and assistance with such things as going to the bathroom, bathing, dressing, eating, cooking, changing her bed, and other necessary daily functions that claimant was unable to perform for herself while in the cast.

Published on: November 24, 2012

Notice was finally given to the subcontractor’s excess insurer

by Stephen Bilkis

The Hudson Bridge in New York was being repaired. The Bridge and Tunnel Authority, the owner of the Hudson Bridge hired a general contractor to do the repairs. The general contractor hired a subcontractor. Under the subcontract, the subcontractor was supposed to obtain insurance in behalf of the bridge owner and the general contractor. The insurance policy of the subcontractor was supposed to cover all expenses for personal injury suits that may arise from the time that the subcontractor was doing repair work under the subcontract.

On August 11, 2003, a male employee of the subcontractor slipped and fell on a makeshift inclined ramp that led from the worksite to the temporary office also at the construction site. The employee of the subcontractor sustained serious spinal injury. His slip and fall resulted in herniated discs of his cervical and lumbar spine and an impinged nerve on the spine. The employee was confined to his home for one month after the accident. He was ordered to rest in bed for five months from September 2004 until February 2004. The employee needed spinal fusion surgery to fully recover from his injuries.

He filed a damage suit under common law negligence and under labor law. He sued the owner of the Hudson Bridge and the general contractor. The man did not include in his damage suit his own employer, the subcontractor. The man claimed for lost earnings and for future loss of earnings due to the spinal injury he sustained. No notice was given by any of the parties to the insurer of the subcontractor until two years had passed from the time that the suit was filed by the employee of the subcontractor.

Published on: November 9, 2012

According to the court, a defendant seeking summary judgment

by Stephen Bilkis

This involves a motion where the court denied defendant’s prayer for summary judgment to dismiss the claim of plaintiff.

Plaintiff Bianca and her mother commenced an action to recover damages for personal injuries allegedly sustained in a car accident that occurred on Prospect Street in Kings County on October 25, 1996. The accident allegedly happened when a vehicle driven by defendant struck the rear of a vehicle operated by plaintiff, which was stopped due to traffic conditions on Prospect Street. The bill of particulars alleges that plaintiff sustained various injuries as a result of the collision, including a bulging disc at level L5-S1 of the lumbosacral spine; lumbar radiculopathy; right knee sprain/strain; cervical and lumbosacralsprains/strains; and “cervical paraspinal myofascitis with discogenic radiculopathy.” It further alleges that plaintiff, who sought treatment at the emergency department of Brooklyn Hospital Center immediately after the accident, was confined to home for approximately six months due to her injuries.

Defendant moves for summary judgment dismissing the claim of plaintiff on the ground that she is precluded by Insurance Law §5104 from recovering for non-economic loss, as she did not sustained a “serious injury” within the meaning of Insurance Law §5102 (d).

Published on: October 7, 2012

On July 9, 2009 around noon, a traffic accident took place at the intersection

by Stephen Bilkis

On July 9, 2009 around noon, a traffic accident took place at the intersection of West Sunrise Highway and North Bayview Avenue in Freeport, New York in the County of Nassau.

Complicating this accident was the fact that it involved three vehicles actively and one vehicle in a more passive aspect. A 2005 Nissan which was involved in the accident was owned and operated by the person who was injured and who filed a personal injury lawsuit as a result of the accident. The injured party contends that a BMW which was owned and operated by the defendant in the personal injury suit did not stop at the traffic signal located at that location. Rather, they went through the red light and struck a U-Haul rental truck that was in the intersection. The U-Haul truck was pushed by the force of the impact into the complainants Nissan. The Nissan was then shoved backward into a fourth vehicle. As a result of the accident, the complainant who was the driver of the Nissan claims that he suffered from a serious bodily injury as defined in the New York State Insurance Law guidelines.

In order for an injury to be categorized as serious under the New York State Insurance Law guidelines, the person who is claiming the injury must be able to prove that they suffered from an injury that caused them to lose the use of a part of their body, a serious spinal injury, or a brain injury that was debilitating. Alternatively, they can show that as a result of the accident, they were unable to perform their usual daily activities or go to work for at least 90 days out of the 180 days that immediately followed the accident. That type of claim is referred to as a 90/180 claim. In order for a claimant to be able to prove that they suffered from a serious injury, they must have corroborating evidence in the form of court certified documentation from a licensed medical professional in the state of New York.

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 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.”