Napoli Bern Ripka Law Firm
News
October 21, 2009
Manhattan, NY - 13 people were injured Wednesday morning in a PATH train accident at the 33rd Street Station near Herald Square in Manhattan.
The 7:59 a.m. train out of Hoboken, NJ arrived at Penn Station about 8:15 a.m. carrying 425 to 450 passengers on the seven-car train. When the train failed to stop, it crashed into a bumping block designed to halt trains that fail to stop at the end of the line and absorb the impact.
The Port Authority of New York and New Jersey operate the PATH train. Jennifer Friedberg, a Port Authority spokesperson, said thirteen people reported minor injuries. Seven people, including two crewmembers, were taken to nearby hospitals and the rest declined medical attention. The fire department stated between 60 and 80 fire personnel responded to the accident scene.
The accident is under investigation. Port Authority officials did not release how fast the train was moving when it crashed into the bumping block or the cause of the accident.
If you or a family member has been hurt while using or suffered injury by a mass transit bus or train, call Napoli Bern Ripka, LLP today at 888-529-4669. There is a possibility of collecting compensation for lost wages, medical expenses, pain and suffering, and present and future disability. Only an experienced attorney can help you determine if your claim has merit and, if so, how much you could recover. Do not discuss your case without having an experienced legal representative to advise you.
October 18, 2009
Yves Aristilde, 63, was found guilty of homicide by vehicle, leaving the scene of an accident and related counts in the 2008 Philly accident that left a woman critically injured and her 5-year-old son dead.
About 1:45 a.m. on August 24, 2008, Dana Reynolds, 23, carried her son Terrell Elliott, 5, across Windrim Avenue near Lindley in Logan, when Aristilde struck them with his Yellow Cab. Officer Charles Phillips testified that Terrell hit the windshield, rolled over the hood and traveled 61 feet from the point of impact, and his mother was found 36 feet away. Witnesses stated that Aristilde's cab was speeding through a red light at 15 mph above the posted 25 mph speed limit. The accident critically injured Reynolds and killed her son.
Aristilde, who left the scene of the accident, abandoned the cab about eight blocks away and walked to his home. He turned himself into police 14 hours after the accident and told police he did not stop because he heard gunfire. Assistant District Attorney Jude Conroy said eyewitnesses or police reports did not corroborate any gunshots.
Common Pleas Court Judge Benjamin Lerner issued the verdict after he heard the two-day nonjury trial. Aristelde awaits sentencing on December 8. He was taken into custody, by order of the Judge, pending arrangement of an electronically monitored house arrest. He faces 3 ½ to 7 years in prison for the manslaughter conviction. Aristilde had four DUI arrests, three convictions and several bench warrants for failing to show up for court proceedings, all in New York state, Conroy told the Judge.
If you, a family member or someone you know, have been the victim of a pedestrian vs. motor vehicle accident, contact us today to discuss your case and find out the best course of action to take to ensure that you get the compensation you deserve. Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one's wrongful death. Visit www.napolibern.com or call 1-888-529-4669.
October 17, 2009
The Securities and Exchange Commission (SEC) filed a civil injunctive action yesterday against HomePals Investment Club, LLC (HPIC) and HomePals, LLC and their principals, Ronnie Eugene Bass, Jr., Abner Alabre and Brian J. Taglieri, alleging that they ran a Ponzi scheme and affinity fraud that targeted Haitian-American investors from South Florida and New Jersey.
The SEC complaint filed with the Unites States District Court Southern District of Florida says Bass, Alabre and Taglieri used their HomePals companies to start a Ponzi scheme in April 2008 and raised at least $14.3 million from hundreds of investors. The Defendants offered and sold 90-day unsecured notes issued by HomePals that promised guaranteed returns of 100 percent due to Bass' purported successful trading of stock options and commodities. Bass even claimed a $25 million insurance policy protected every investment with HomePals.
In classic Ponzi scheme fashion, the Defendants used most of the investor funds to pay off earlier investors and used less than 10% for trading. Although the Defendants claimed Bass was a successful investor, he actually lost 20% to the funds he did invest. By the end of December 2008, HomePals had only $7,300 left and stopped making payments to investors.
"The extraordinary promises made by these three men spread by word of mouth throughout a close-knit community," SEC official Glenn Gordon said in a statement. "Bass presented himself as a master trader of stock options and commodities when in reality he was a master of deceit."
The SEC complaint states that HomePals, LLC, a Florida limited liability company with its principal place of business in Delray Beach, FL has never registered an offering or class of securities with the SEC. Ronnie Eugene Bass, Jr., 35, of Miami, FL is the founder and managing member of HomePals and met with prospective and actual investors. He held himself out as a master trader of stock options and commodities. Abner Alabre, 33, of Miramar, FL had no formal title with HomePals, but presented himself as the company's secretary and in this capacity, met with prospective and actual investors. Brian J. Taglieri, 49, of Jupiter, FL had no official title with HomePals, he improperly presented himself as the company's attorney and met with prospective and actual investors under these false pretenses.
The HomePals Investment Club LLC website states their commitment, "At HomePals Investment Club, LLC, we treat our clients with courtesy and integrity. We guarantee realistic, honest financial strategies that achieve results. We will lead you on a course to financial freedom. Our years of experience and notable expertise ensure that your financial future is in good hands. Our consistent track record of uncompromising ethics instills confidence and trust. We use cutting edge technologies to ensure up to the minute information from the financial world. This allows us to respond quickly, and give you the most relevant information and perspective."
The SEC also alleges that Bass, Alabre and Taglieri misappropriated at least $668,000 of investor funds for personal use. For example, Bass and Alabre used at least $380,000 to pay for a house where they both resided until recently. Bass misappropriated an additional $28,000 for himself, part of which he used to purchase an automobile. HomePals also distributed approximately $28,000 to Alabre as "compensation." Additionally, Taglieri received an undisclosed salary of $8,000 per month, and diverted $85,000 of investor funds to pay his overdue child support obligations.
Separately, on October 16, 2009, the U.S. Attorney's Office for the Southern District of Florida announced the unsealing of indictments charging Bass, Alabre and Taglieri with securities fraud, conspiracy to commit securities fraud, wire fraud and money laundering.
Napoli Bern Ripka, LLP is currently handling hundreds of securities arbitrations throughout the continental United States. We represent individuals with a wide array of claims including claims of suitability, fraudulent omissions and representations, unauthorized trading, churning and negligence. We at Napoli Bern Ripka, LLP, are committed to providing the support and services that will allow you to be in the best position possible to recoup your money. Call 888-529-4669 today.
October 16, 2009
(Philadelphia, PA) - Local authorities and the U.S. Occupational Safety and Health Administration (OSHA) are investigating the cause of a Philadelphia Center City construction accident that killed one man and injured three others.
Masonry Preservation Group employee, Jimmy Wilson, 41, was killed on Monday while performing an inspection for loose masonry on the First Presbyterian Church at 21st and Walnut Streets in downtown Philadelphia. He was harnessed in the basket on a 125 foot extended boom of an aerial lift, which is like a large "cherry picker," when the wheel of the heavy machinery fell through a fiberglass utility cover on the sidewalk. The lift toppled over, hitting a five-story apartment building and knocking down a streetlight before landing upon an unoccupied van parked in the street.
Wilson was pronounced dead from his injuries at 1:30 p.m. in Hahnemann University Hospital. Witnesses say a woman was wedged under the lift. Debris fell on the sidewalk and cars in the street below. A 70-year-old woman was treated for a broken arm and an elderly couple was treated for minor injuries at the Hospital of the University of Pennsylvania.
Officials are questioning whether safety violations contributed to the accident. State laws regulate tower and mobile cranes, and the city ordinance covers only tower cranes, but neither law deals with the aerial lift platform. Albert D'Imperio, area director of the U.S. Occupational Safety and Health Administration, said OSHA regulates the aerial lift platform under its scaffolding regulations.
OSHA regulations state: An aerial lift truck may not be moved when the boom is elevated in a working position with men in the basket, except for equipment that is specifically designed for this type of operation. Only trained persons shall operate an aerial lift. The brakes shall be set and outriggers, when used, shall be positioned on pads or a solid surface.
Police and witnesses say Wilson moved the lift machine from the boom's basket controls, causing the wheels to roll onto the utility cover, which gave way under the machines weight. Wilson was an employee of Masonry Preservation Group for more than 20 years, considered a highly trained union journeyman and experienced with high work. It is unclear what specific training Wilson had in aerial lift operation. Brent Schopfel, Wilson's employer, said he doubted Wilson would violate safety standards by moving the machine and an employee at the site during the accident did not believe it either. Newer lifts have a safety mechanism that prevents them from moving while the arm is extended, but Wilson was operating an older model that did not have that feature, Schopfel said.
Mayor Nutter's office said yesterday that Masonry Preservation Group lacked two necessary permits - one to close the sidewalk and one to close a lane of traffic on Walnut Street. The company's workers closed the sidewalk, despite not having a permit to do so. They did not close a lane of traffic, as they should have, the mayor's office said.
The preliminary 2008 Census of Fatal Occupational Injuries, produced by the US Department of Labor's Bureau of Labor Statistics, states that once again workers in construction incurred the most fatalities of any industry in the private sector. Nationwide, 680 workers from various industries died resulting from falls on the job in 2008. Final results of the census will be released in April 2010.
These types of construction accidents are not always the fault of the person who is operating the machinery, often they can be attributed to the carelessness of managers or other people who are running the job site. If you have been injured in a construction accident, you may be able to be compensated for your injury or a loved one's death if you talk to our lawyers. Many factors must be taken into consideration when determining if a worker's injury or death was the result of negligence, equipment failure or dangerous working conditions. You may be entitled to compensation such as medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka LLP, we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NapoliBern.com today.
New Jersey - October 8, 2009
Carlyse Kennedy, 55, was walking her dog near the 5-way intersection of Mountain, Ashland, Devon, Plymouth and Pine Grove in Summit when a car hit her. The accident happened about 10 a.m. Monday, September 28. Summit Volunteer First Aid Squad responded to the accident scene and transported Kennedy to Morristown Memorial Hospital, where she died on Wednesday, September 30 a result of her injuries.
The car that hit Kennedy was a 2003 Lincoln Town Car from Royal Executive Limousine Service in Summit. The driver, Kermit Graham of Irvington, was fully cooperative with police. Kennedy carried no identification and police canvassed the neighborhood door to door to identify her. They later learned who she was by researching the dog's license tags. The accident is under investigation and no charges have been filed. Chief-of-Police Robert Lucid has asked any who witnessed the accident to come forward.
Area residents have long deemed the intersection where Kennedy was struck dangerous. Six years ago, Pat Hurley who lives on Ashland Rd. and some of his neighbors joined to propose alternatives and petition the city to redesign the intersection. The city made only minor modifications at that time. Hurley says, "It was designed for speed." The residents really wanted the intersection squared off with stop signs at every corner.
Hurley saw county public works employees removing school caution warnings painted on Mountain Avenue last week and was outraged. Summit Police Lt. John Dougherty said, "Union County re-engineered that intersection a little over a year ago. They changed it to a 90-degree angle to slow down cars making a right-hand turn heading east from New Providence." Dougherty also said the crosswalk was moved to the corner of Ashland Road and Mountain Avenue for greater visibility.
Once again, residents of the area are banding together and asking for a redesign of the intersection. Josh and Corina Borg have written a letter from residents of Plymouth Road and the surrounding neighborhood in response to Kennedy's death. The letter states, "The residents of Plymouth Road are deeply saddened by today's tragedy and pray that it will never happen again. We hope that Mayor Glatt and fellow City Council members take special interest in this matter and enact corrective measures quickly to insure a safer environment for Summit residents and their children."
Pat Hurley and area residents addressed the Common Council Meeting at Summit City Hall on Tuesday, October 6. They demanded the Summit City Council and Chief Lucid to make the area safer to prevent future tragedies. "This intersection is dangerous and deadly and we want action now," Hurley said.
If you, or a family member, have been the victim of a pedestrian vs. motor vehicle accident, contact us today to discuss your case and find out the best course of action to take to ensure that you get the compensation you deserve. The attorneys at Napoli Bern Ripka LLP are experienced in handling motor vehicle accident and wrongful death cases and can help you negotiate with the insurance carrier or help you to arrange specialized medical care or compensation for your loss. Call 1-888-529-4669 or visit www.napolibern.com.
Sources:
http://summit.patch.com/articles/neighors-express-concern-over-site-of-kennedy-accident
http://www.thealternativepress.com/article.asp?news=6613
http://www.nj.com/independentpress/index.ssf/2009/10/fatal_accident_on_mountain_ave.html
http://www.thealternativepress.com/article.asp?news=6895&Fatal-Accident-on-Mountain-Avenue-in-Summit-that-Claimed-the-Life-of-Carlyse-Kennedy-Arouses-Neighbors-to-Demand-Action-at-Summit-City-Council-Meeting
October 7, 2009
The driver of a white Nissan lost control of his vehicle on a wet Queens road Wednesday morning, slamming into a crowd of people at a bus shelter at the corner of Douglaston Pkwy. and 65th Ave. The accident happened around 7:45 a.m., when morning commuters were waiting for their bus. According to witnesses, the Nissan was passing another vehicle on a windy stretch of Douglaston Pkwy. when it hydroplaned on the wet pavement, hit the curb and became airborne, then crashed into the waiting commuters.
The driver of the Nissan told police he skidded on the wet pavement and the car lost control. Marina Fishman was driving the car the Nissan was passing. She says he was tailgating before he changed lanes to pass her and that he was going much too fast. Fishman pulled over after the crash to help the victims. Police say there is no sign of criminality and this was just an accident.
NYPD and FDNY responded to the accident scene. Officials said seven people were taken to North Shore University Hospital, including the driver of the Nissan who was bleeding from his head. Witnesses say one man had both legs broken. One person was listed in critical condition, while the others were in serious but stable condition. The names of the victims and driver were not released at this time.
There are many different causes of automobile accidents, but the most common is driver error. This is when a driver makes an error such as traveling at an excessive speed, passing in an unsafe manner, failing to yield the right of way, tailgating other automobiles, and failing to follow traffic signs or devices. Minor accidents that cause little property damage or only minor injuries may be resolved with insurance companies, some accidents that cause severe injuries or extensive property damage may only be resolved through litigation. If you have been involved an auto accident and need legal assistance to get the compensation you deserve, be sure to contact an experienced personal injury lawyer who has a track record of successfully handling automobile accident cases. Contact Napoli Bern Ripka LLP at 888-529-4669 so that we may discuss your case with you and determine the best action to take to ensure that you get the results you deserve.
October 6, 2009
Four Philadelphia men were killed in an accident on I-95 about 1:30 a.m. Sunday morning. Police say an out of control Mitsubishi Lancer, driven by Michael Dougan, 29, slid under a tractor trailer, killing Dougan and three passengers, Patrick Chang, 37, Jason Stefaniuk, 33, and William Eder, 23.
Authorities believe Dougan's 2006 Mitsubishi Lancer was speeding southbound on I-95 between Allegheny and Girard Avenue, making several lane changes, when Dougan made a sudden steering change into the right lane and lost control of the vehicle causing it to slide 10 feet under a tractor trailer. The car dislodged from the trailer and spun around, ejecting William J. Eder before stopping on the southbound exit ramp of Girard Avenue.
Police said that Dougan, Chang and Stefaniuk were wearing seat belts, but it was unknown if Eder was wearing one. All occupants of the Mitsubishi Lancer were pronounced dead at the scene. Frank Maier, 57, of Abingdon, MD, the driver of the tractor trailer was wearing a seat belt and uninjured in the crash, police said.
Doughan's grieving family say the group was heading to a party in Old City when the crash happened, but Dougan had not been drinking. Officials will know if alcohol was a factor when the toxicology report comes back in a few weeks.
Southbound I-95 was closed for six hours while police investigated and cleared the scene. The Mitsubishi was horrifically damaged and twisted so severely it was unrecognizable, while the tractor trailer sustained damage to the rear underside of the trailer. The accident remains under investigation by state police and they are asking any witnesses to contact them at 215-560-6199.
If you or loved one has been injured or loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the circumstances of your case and institute a plan of action to help you get compensation for your injuries, property damage or a loved one's wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.
Sources:
http://abclocal.go.com/wpvi/story?section=news/local&id=7049501
http://www.philly.com/dailynews/local/20091006_4_victims_of_I-95_crash_were_city_men.html
http://www.philly.com/philly/news/homepage/20091005_4_dead_in_crash_on_I-95.html
October 4th, 2009
The family of Rohie Kah-Orukotan, a 37-year-old nurse and mother of three, struggle with the decision of taking her off life support at after she suffered a complication during a spa procedure that has left her brain dead.
On September 25th, Kah-Orukotan went to a beauty spa, Weston Medspa of Westin, FL, for a routine liposuction procedure. Dr. Omar J. Brito Marin performed the procedure, but complications arose at the very end, which caused a seizure and rendered the patient unresponsive. Dr. Brito's attorney states that the doctor immediately administered emergency care and called 911. It is unclear what types of emergency procedures or equipment the Weston Medspa had in place, but medspas are not required to have special emergency procedures or a crash cart filled with medications and equipment because they are not licensed for office surgery. Kah-Orukotan was taken by ambulance to Cleveland Clinic, where she has remained hospitalized on life support and certified brain dead.
Liposuction is not a service listed on the company's website, nor is Weston Medspa licensed by the state for traditional liposuction under general anesthesia. Under state rules, medical offices do not have to be licensed to perform "lite liposuctions" that use only local anesthesia while a patient is awake. It is unclear which type of liposuction procedure was administered to Kah-Orukotan. Dr. Brito has a background in occupational medicine and is not not board-certified or trained in anesthesia or plastic surgery. "Dr. Brito was unaware of the licenses that were obtained by the clinic or the licenses enforced by the clinic," Brian Bieber, Dr. Omar Brito's criminal defense attorney, told ABC's Good Morning America.
According to the Florida Department of Health website, the State of Florida Board of Medicine disciplined Dr. Omar J. Brito Marin in 2006. It also states that Brito elected not to carry medical malpractice insurance and instead agreed to satisfy any adverse judgements up to the minimum amounts required by law.
The Broward Sheriff's Office is investigating the circumstances of the surgery and Dr. Brito's response to Kah-Orukotan's medical emergency.
If a person is the victim of medical malpractice and later passes away, then a wrongful death claim may be possible. At Napoli Bern Ripka LLP, we know that dealing with the death of a loved one is difficult. If someone else's negligence has contributed to a loved one's death, contact us at 888-529-4669 to discuss what you can do to recover for the loss.
October 2nd, 2009
Target voluntarily recalled a Halloween 3-pack of children's mini flashlights after Mitch Lipka, a Wallet Pop writer, placed batteries in a flashlight his child brought home from a birthday party, noticed a sizzling sound and then witnessed the flashlight melt. He purchased another package of the flashlights to test and found that another sizzled and melted.
Lipka contacted the U.S. Consumer Product Safety Commission (CPSC), Target and the importer, Devrian Global Industries. Target was quick to pull the product from the shelves and offer a full refund to consumers if they return the item. Lipka said it was refreshing to see a company take such quick action, acting before the CPSC had investigated or ordered any recall. Scott Wolfson, a spokesperson for the CPSC, encouraged those who experience problems with a product to file a complaint with the CPSC and retain the product for CPSC examination.
Target did not release the number of flashlights involved in the recall. Target.com has a section on their website dedicated to product recall information, but these children's flashlights were not listed there or on the U.S. Consumer Product Safety Commission website as under recall.
The Wallet Pop article was published on October 1, the same day as a U.S. Consumer Product Safety Commission press release stated that Target Corp., of Minneapolis, Minn. had agreed to pay a $600,000 civil penalty for allegedly violating the federal lead paint ban on toys. CPSC staff alleged that Target knowingly imported and sold various with paint or other surface coatings that contained lead levels above legal limits and failed to take adequate action to ensure that no toys or children's products would bear lead-containing paint, thereby creating a risk of lead poisoning and adverse health effects to children. The Commission and Target announced voluntary recalls of the toys. In agreeing to the settlement, Target denied CPSC's allegations that it violated the law."
These highly publicized toy recalls were among many that helped spur action last year to impose even stricter limits on lead paint on toys," said CPSC Chairman Inez Tenenbaum. "This penalty should remind importers and retailers that they have always had the same obligation to meet the strict lead limits as the manufacturers."
Products liability is the branch of law that deals with the liability of parties involved in the manufacturing of a product for any damages caused by the product. Defective products can cause a great deal of property damage or physical injury, even death. If you have been injured or sustained property damage as the result of a defective product, then you need the services of an experienced attorney who has successfully handled product liability cases. At Napoli Bern Ripka LLP, our attorneys will work with you to begin the process of filing a claim so you can recover damages for repair or replacement of your property or for medical expenses incurred because of your injury. Call 888-529-4669.
http://www.cpsc.gov/cpscpub/prerel/prhtml10/10001.html
A Wednesday morning accident that caused a 20-mile backup on the New Jersey Turnpike and disrupted morning commuters has seriously injured two people.
28-year-old Giovanni Zamora of New Brunswick is in critical but stable condition after Albert Crisci, a 35-year-old Freehold resident, lost control of his vehicle and struck a sport utility vehicle that had pulled onto the shoulder behind a disabled vehicle, pushing the SUV forward into Zamora. Crisci's vehicle then spun and collided with a tractor-trailer. Both men were taken to University Hospital in Newark. Crisci is listed in stable condition. No injuries were reported for the driver of the tractor-trailer.
The crash occurred around 6 a.m. near interchange 13 in Linden and caused the northbound truck lanes to be closed for 2 ½ hours, backing up traffic for 20 miles while state police investigated the accident. Turnpike Authority spokesman Joe Orlando said delays spilled over to the Garden State Parkway and other highways and local roads, he's never seen anything like it in recent years.
Car accidents can cause irreparable property damage and serious, even fatal, injuries. When you are involved in a car accident with another automobile driver, you may have difficulty in getting the situation resolved using your insurance or filing a claim with the other driver's insurance carrier. When insurance companies will not give you the compensation you deserve for your injuries or the damage to your property, it may become necessary to contact a personal injury lawyer who is experienced in handling car accident cases. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.
Sources:
http://www.philly.com/philly/wires/ap/news/state/new_jersey/20090930_ap_2hurtin3vehiclenjturnpikecrash.html
http://www.nj.com/news/index.ssf/2009/09/nj_state_police_identify_serio.html
September 30, 2009
California Highway Patrol Officer Mark Saylor, 45, and three members of his family died when their runaway 2009 Lexus ES350, traveling at more than 120 miles per hour, crashed and burst into flames near San Diego, CA in August. One passenger called 911 moments before the crash to report the vehicle had no brakes and the accelerator was stuck.
The San Diego Sheriff's Department has not completed its investigation into the off-duty trooper's crash, but he National Highway Traffic Safety Administration (NHTSA) investigation has determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal. Toyota spokesman John Hanson said that because only preliminary reports had been submitted in the California case, it was impossible to comment on that particular incident. The U.S. government said it has received reports of 100 related incidents that include 17 crashes and 5 fatalities involving Toyota vehicles. "This is an urgent matter," said U.S. Transportation Secretary Ray LaHood.
Toyota and U.S. safety regulators warned owners to remove all driver-side floor mats as an immediate safety precaution. The recall will affect 2007-10 model year Toyota Camry, 2005-10 Toyota Avalon, 2004-09 Toyota Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES 350 and 2006-10 Lexus IS 250 and IS 350 vehicles. With 3.5 million vehicles affected by this recall, this is the largest by Toyota in US history but not the first for issues with floor mats. In September 2007, Toyota recalled an accessory all-weather floor mat sold for use in some 2007 and 2008 model year Lexus ES 350 and Toyota Camry vehicles because of similar problems.
The National Highway Traffic Safety Administration (NHTSA) conducts defect investigations and administers safety recalls. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when investigations indicate that they contain serious safety defects in their design, construction or performance. Manufacturers voluntarily initiate many of these recalls, while others are either influenced by NHTSA investigations or ordered by NHTSA via the courts.
Examples of defects considered safety-related by the NHTSA
· Steering components that break suddenly causing partial or complete loss of vehicle control.
· Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.
· Accelerator controls that may break or stick.
· Wheels that crack or break, resulting in loss of vehicle control.
· Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.
· Windshield wiper assemblies that fail to operate properly.
· Seats and/or seat backs that fail unexpectedly during normal use.
· Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
· Wiring system problems that result in a fire or loss of lighting.
· Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.
· Air bags that deploy under conditions for which they are not intended to deploy.
· Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.
The NHTSA releases a monthly report detailing current defect investigations. In the August 2009 report, the NHTSA is investigating safety-related defects such as brake line rupture in 1999-2002 Mercedes Benz ML 430/500/55 and side air bag non-deployment in 2003-2005 Infinity Q45 AND 2003-2004 Infinity M45 models.
If you or a loved one has been injured or a loved one killed in an auto accident as the result of a safety-related defect listed above, contact Napoli Bern Ripka LLP immediately. We will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one's wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.
Sources:
http://pressroom.toyota.com/pr/tms/toyota/toyota-consumer-safety-advisory-102572.aspx
http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm
http://nhthqnwws112.odi.nhtsa.dot.gov/acms/docservlet/Artemis/Public/Pursuits/2009/INVMTY-082009-1234.pdf
http://www.reuters.com/article/domesticNews/idUSTRE58S69820090929
http://www.reuters.com/article/wtMostRead/idUSTRE58S69820090930
Bucks County Coroner Joseph Campbell stated that Elizabeth Rawicz, age 42 of Bridgewater, NJ, was taken off life support at a local hospital on Saturday and died after being in critical condition from head injuries/trauma sustained in an Upper Makefield auto accident six days earlier. Rawicz joins her 7-year-old son, Seth, as the second fatality of the accident. He was pronounced dead at St. Mary Medical Center in Middletown shortly after the accident.
The accident occurred about 7 p.m. on Washington Crossing Road, just south of Wrightstown Road in Upper Makefield, a suburb of Philadelphia. The accident involved two cars, a Ford Mustang and a Toyota carrying Elizabeth Salzer in the passenger seat, her son in the back seat and an unidentified driver who was taken to a local hospital with non-life threatening injuries. The driver of the Mustang, the only occupant in that vehicle, was taken to local hospital but his condition is unknown.
Robert J. Salzer, senior deputy district attorney with the Bucks DA's office, said the accident is being investigated and no further details were released.
Private graveside services were held for Elizabeth Rawicz and Seth Rawicz last Sunday, Sept. 27 at Floral Park Cemetery, South Brunswick.
If you, your child or loved one has been injured or your child or loved one killed in an auto accident, Napoli Bern Ripka LLP has the experience and knowledge needed to successfully handle your auto accident case. Contact us immediately after an auto accident and we will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one's wrongful death. Visit www.nbrlawfirm.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.
Sources:
http://www.msnbc.msn.com/id/32979028
http://www.msnbc.msn.com/id/33056120
New York - September 28, 2009
A Metropolitan Transit Authority bus hit an unidentified elderly woman last Thursday. The bus struck the woman about 11:45 a.m. at the intersection of 108th St. and Queens Blvd. in Forest Hills, fire and transit officials said.
The woman was in stable condition at Elmhurst Hospital Center after injuring her left arm and was expected to survive. There was no report of injuries among the bus passengers.
Although it appeared to be an accident, the bus driver will undergo drug and alcohol testing as is routine according to a spokesperson.
There are about 2,750 injury claims filed every year with the MTA, ranging widely in severity. The agency paid out $57.6 million on 1,187 personal-injury claims in 2008.
In 2009, New York courts have awarded several major verdicts in cases filed against the Metropolitan Transit Authority. In February, Dustin Dibble was awarded $2.3 million after a subway train ran over him in Manhattan in 2006 and he had to have his right leg amputated. Although intoxicated, a jury found that he was only 35 percent culpable because the subway operator did not stop. In March, a jury awarded James Sanders $7 million after a subway train struck him when he stumbled onto the tracks in 2002. The jury found him to be 30 percent culpable. His right leg had to be amputated and he also lost an eye. In April, a Manhattan jury awarded $27.5 million to Gloria Aguilar, 45, whose left leg had to be amputated to the hip after a New York City Transit bus ran over her in 2005. In May, Claude Williams was awarded $1.8 million because a New York City Transit bus hit him in 2003. The MTA has appealed some of these cases.
The statistics above are given only as an example. Results in your case may differ, as each case must be litigated on its own particular merits. Only an experienced attorney can help you determine if your claim has merit and, if so, how much you could recover. If you or a family member has been hurt while using or suffered injury by a mass transit bus or train, call Napoli Bern Ripka, LLP today. There is a possibility of collecting compensation for lost wages, medical expenses, pain and suffering, and present and future disability. Do not discuss your case without having an experienced legal representative to advise you.
http://www.nypost.com/p/news/regional/mta_spends_millions_each_year_in_wfvAD6d2lLB6bJIDeKzupN
http://www.nytimes.com/2009/04/17/nyregion/17verdict.html?_r=5
New York - September 27, 2009
Andrew Kelly, 30, seven-year veteran of the NYPD, was arrested at the scene and charged with vehicular manslaughter and driving while intoxicated after he struck and killed Vionique Valnord, 32, in a early morning crash at the corner of Ave. N and E. 56th St. in Old Mill Basin.
Valnord, the daughter of Brooklyn Pastor Varius Valnord, was leaving a wedding over which her father had presided at the American Legion Hall and hailing a cab when Kelly's Jeep Grand Cherokee mowed her down around 1 am Sunday morning. According to police and witnesses, Valnord suffered massive injuries and later died at King's County Hospital.
"The officers who responded to that accident detected a smell of alcohol on the driver's breath," said Police Commissioner Raymond Kelly at morning news conference.
The accident is under investigation as police interview witnesses and passengers in Kelly's vehicle, including another off-duty NYPD officer. They will also try to determine if the night's rain and fog played a role in the accident.
New York City has a higher rate of pedestrian/motor vehicle accidents that the rest of the state combined. According to the New York State Department of Motor Vehicles 2007 Summary of Pedestrian/Motor Vehicle Accidents, of 15,127 police reported accidents involving a pedestrian in the state of New York, 10,586 or 70% were investigated by the New York City Police Department. Of those investigated by the NYPD, people in 10,445 accidents suffered injuries and 136 were fatal.
The attorneys at Napoli Bern Ripka LLP are experienced in handling motor vehicle accident cases and can help you negotiate with the insurance carrier or help you to arrange specialized medical care. We can also help you prepare for the possibility of taking your case to court. If you, a family member or someone you know, have been the victim of a pedestrian vs. motor vehicle accident, contact us today to discuss your case and find out the best course of action to take to ensure that you get the compensation you deserve. Call 1-888-529-4669 or visit www.nbrlawfirm.com.
Sources:
http://www.nydailynews.com/news/ny_crime/2009/09/27/2009-09-27_offduty_cop_andrew_kelly_arrested_in_drunk_driving_.html
http://ny1.com/content/top_stories/default.aspx?ArID=106427
New York State Department of Motor Vehicles Summary of Pedestrian/Motor Vehicle Accidents 2007
found at http://www.nydmv.state.ny.us/stats.htm
Tuesday, August 11, 2009
It appears that pain pumps are in the news lately, not for their ability to relieve pain, but for their potential to spawn lawsuits. The shoulder pain pump has received quite a bit of publicity in the past due to the fact that it has a tendency to cause postarthroscopic glenohumeral chondrolysis (PAGCL). Patients that received the shoulder pain pump after undergoing arthroscopic surgery are reporting symptoms of weakness, increased pain and stiffness in the shoulder joint along with clicking, popping and grinding in their shoulder with a decrease in motion ability.
X-rays for these patients have shown that their joint space has experienced a marked narrowing. This narrowing as shown on an x-ray is what gives the PAGCL diagnosis. The only treatment for this condition is further surgery and even then, many patients do not ever regain the full use of their shoulder joint and become disabled. In 2006, the American Academy of Orthopedic Surgeons published a report indicating a direct link between the shoulder pain pump and PAGCL.
The report showed that 152 medical reports were studied for patients that received arthroscopic surgery. Twelve of these patients developed PAGCL and the only thing these patients had in common were the shoulder pain pumps. Originally, the shoulder pain pumps showed promise in relieving after-surgery pain, but the manufacturers of this product sought additional approval from the FDA to market a pump that could be inserted further into the shoulder joint, pass the soft tissue, so that the pain medication could be pumped directly into the joint.
The FDA denied this approval, but pain pump manufacturers assured the medical community that the unit for this procedure would be safe. However, it is the fact that the pain medication used to be absorbed in the soft tissue and not directly into the joint, causing cartilage deterioration that kept it from causing PAGCL in the past. A host of lawsuits are now being pursued with regard to the pain and suffering caused by this newer unit and procedure being followed after arthroscopic shoulder surgery.
Breg, Inc. and Stryker, Inc. are a couple of the shoulder pain pump makers. In addition to the shoulder pain pump, there is a spinal pump in use to relieve chronic back pain, that does have FDA approval with restrictions included. The restriction is that only morphine has FDA approval as a pain medication for use with the spinal pump. However, doctors do have the right to prescribe medications for off-label use and many doctors are safely mixing a concoction of narcotics to use in the spinal pump.
The problem with this method is that, according to Dr. Edward J. Kowlowitz, sometimes these drug mixtures will granulate at the tip of the spinal pump catheter. When this happens, it hardens and grows. This can be very dangerous, because it can press against the spinal nerves and even the spinal cord, causing paralysis. In addition, the body can build up a tolerance to these drugs deterring the effectiveness of the spinal pump over time. Dr. Kowlowitz has his patients submit to a yearly MRI to evaluate whether or not the spinal pump catheter is developing the condition known as tip granuloma. If you or someone you care about has suffered any injury or loss from either of these pain pumps, contact the professional team of lawyers at Napoli Bern Ripka Law Firm for a case evaluation. You may be entitled to compensation.
Sunday, July 26, 2009
On July 26, 2009, Diane Schuler crashed her brother's mini-van head-on into a SUV on the Taconic Parkway, just north of New York City. The collision killed Schuler, her 2- year-old daughter, her three nieces and the three men in the SUV. The crash also seriously injured Schuler's 5-year-old son and two other men in a third vehicle. Schuler and her family had spent the weekend on a camping trip and were heading home to Long Island, when she entered the Taconic Parkway in the northbound lane, heading south. Schuler's husband, Daniel had left in a separate vehicle and was not involved in the accident.
Autopsy reports for Schuler showed an alcohol blood level of .19 and high levels of THC in her bloodstream. In addition, a broken bottle of Absolut vodka was found in the crashed minivan after the accident. Schuler's stomach contents showed 10 ounces of Absolut vodka. The mystery here is that according to her husband, Diane was not an alcoholic, in fact, he had never seen her drunk. Daniel Schuler stands by his testimony that coroners must have made a mistake, that she must have been sick, possibly suffering from an embolism or a stroke. He has even considered having her body exhumed to undergo an independent autopsy.
Family members of two of the three men that were killed in the SUV have announced that they plan to file a lawsuit against anyone in Diane Schuler's family that knew she had a substance abuse problem and did not attempt to stop her from driving that Sunday morning. Witnesses report that they saw Schuler driving erratically in the hours prior to the accident, tail-gating other drivers, honking her horn and flashing her headlights at them. But after entering the Taconic Parkway, other witnesses state they saw no erratic behavior in her driving, just that she was traveling the wrong direction.
Witnesses at the campsite state that they saw no unusual or drunken behavior that morning and Daniel Schuler stated that he and his wife shared only coffee that morning before they left the campsite at 9:30 am. Diane and the children stopped at a McDonald's for breakfast and no one there reported any behavior that indicated she was under the influence of any substance. Certain aspects of this story truly remain a mystery. If you witnessed anything concerning these events or have any information concerning the events of this tragic car crash on Taconic Parkway that 26th day of July, please contact the proper authorities.
If you or anyone you care about were injured due to this accident or have been injured in any other vehicle accident recently due to the negligence or improper actions of another party, contact the professional team of lawyers at Napoli Bern Ripka Law Firm for a sympathetic case evaluation. You may be eligible for compensation.
Wednesday, August 12, 2009
The list of drugs that cause Stevens Johnson Syndrome (SJS) is getting longer all the time. Recent serious side effects from the use of the Zithromax antibiotic added length to the already long list of drugs that contribute to this potentially deadly reaction. SJS is characterized by a painful red rash that appears on the trunk of the body and spreads quickly to the limbs and other parts of the body. Other symptoms include headache, extreme weakness and cough. Lesions that grow into blisters that may rupture may appear on large muscle areas that extend from the body and on the hands and soles of the feet. These lesions may spread to the mouth, eyes and other mucous membranes possibly causing blindness, the inability to eat or drink and extreme breathing difficulties.
This reaction has sometimes been mistaken for Anthrax poisoning that has led patients to be quarantined in a hospital while waiting for a correct diagnosis. The physical symptoms associated with the use of these drugs are actually a dangerous allergic reaction to certain medications. It appears that people who are especially sensitive to sulfa drugs are the ones most likely to develop SJS. Accordingly, the FDA has issued warnings on certain drugs that contain even small amounts of sulfa to not take this medication if they are sensitive to sulfa in any way. There is no formal cure or treatment for SJS other than rapid identification of the condition and immediate discontinuation of the drug causing it.
Although, there is no official protocol for treating SJS, some relief has been seen with replacing fluid loss, pain management and certain methods of reducing the risk of infection. Basically, the same treatment that is carried out for a burn victim. However, SJS must run its course and in some more advanced cases, this may mean that the heart and lungs will be compromised. Steroids have helped some patients to improve, while in other cases, this was actually a contraindication, making the symptoms worse. The main drugs that have to date been responsible for causing SJS are Cox-2 inhibitors like Bextra and Celebrex, sulfa-based antibiotics, sulfa-based anticonvulsants, nonsteroidal anti-inflammatory drugs (NSAIDS), fluoroquinolone antibiotics, diuretics, topical ocular medications and aminoglycosides. The precise list is as follows:
Bextra
Celebrex
Vioxx
Arcoxia
Prexige
Children's Motrin
Motrin
Daypro
Feldene
Arava
Ibuprofen
Naproxen
Ketaprofen
Advil
Aleve
Bayer
Excedrin
Advil Cold & Sinus
Dimetapp Sinus
Motrin IB Sinus
Aleve Cold And Sinus
Penicillins
Tetracycline
Doxycycline
Amoxicillin
Ampicillin
Zithromax
Beta-Lactams
Ciprofloxacin
Parfloxacin
Ciprofloxacin
Enoxacin
Levofloxacin
Lomefloxacin
Norfloxacin
Ofloxacin
Tegretol
Phenobarbital
Phenytoin Sodium/Dilantin
Carbamazepine
Furosemide
Methazolamide
Scopolamine
Tropicamide
Gentamycin
If you are taking any one of these medications and you experience any of the symptoms listed in this article, consult professional medical help immediately. If you or someone you care about has suffered in any way due to Stevens Johnson Syndome or any other serious drug reaction, talk with one of the professional attorneys at Napoli Bern Ripka Law Firm. You many be eligible for compensation.
Napoli Bern LLP
350 5th Avenue
Suite 7413
New York, NY 10118
Toll Free: 877 WTC HERO
Phone: 212 267 3700
Napoli Bern LLP
350 5th Avenue, Suite 7413,
New York, NY 10118
Toll Free: 1 888 LAW IN NY
Phone: 212 267 3700
New York
350 5th Avenue,
Suite 7413,
New York, NY 10118
3500 Sunrise Highway,
Suite T-207
Great River, NY 11739
New Jersey
1 Greentree Centre
Suite 201
Marlton, NJ 08053
Pennsylvania
2 Penn Center, Suite 200
Philadelphia, PA 19102
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